The Government has presented a bill to the Riksdag containing proposals for equitable and inclusive rules concerning parenthood in international situations.
The Swedish rules concerning parenthood in international situations were established more than 30 years ago. Since then, only a few minor amendments have been made to address developments in the area. There has been a need to re-examine the rules with the aim of equality between parents in same-sex and different-sex relationships.
“The Government’s efforts to create more inclusive legislation for different family constellations will now also benefit international situations,” says Minister for Justice and Home Affairs Morgan Johansson.
The bill includes a proposal to introduce a new presumption of parenthood in international situations. This means that a woman who is married to or has been married to the child’s mother, will, under certain conditions, automatically be considered the child’s parent in Sweden. It is also proposed that foreign court decisions and rulings on parenthood for a woman who is or has been married to the child’s mother, or is the cohabiting partner of the child’s mother, will, under certain conditions, be recognised in Sweden. In addition, a number of other rules under international private and procedural law governing parenthood for the woman who is or has been married to the child’s mother or is the cohabiting partner of the child’s mother are also proposed.
“The proposals are long-awaited and will make a difference for many rainbow families that move to Sweden,” says Minister for Culture Jeanette Gustafsdotter.
The proposals mean that more children will have two legal parents in Sweden. The proposals also lead to increased equality between parents in same-sex and different-sex relationships.
It is proposed that the legislative amendments enter into force on 1 August 2022.