Kristrún is registered as parent – after many years of struggle
Kristrún Stefánsdóttir and Inga Pétursdóttir moved from Iceland to Sweden in 2016 with their child. When they were to be entered into the population register, they were told that Kristrún didn't count as a parent in Sweden despite that both she and Inga Pétursdóttir are registered as parents according to Icelandic law. After many years of struggle, Kristrún finally has the right to register as a parent in Sweden thanks to last year's legal revisions.
Kristrún and Inga are one of the same-sex couples sex who have experienced that parenthood established abroad isn’t legally binding in Sweden, even though paternity in a different-sex couple under the same circumstances would have been acknowledged.
The notification the Icelandic couple received from the Swedish Tax Agency was that Kristrún had to adopt her child in order for her parenthood to be registered in Sweden.
– When I spoke to a caseworker at the Swedish Tax Agency when we moved here and explained that I am the child’s parent, the answer I got was: “That may be true in Iceland, but not here.” That comment has echoed in my mind ever since. Our daughter lost me as a parent and guardian in Sweden, says Kristrún Stefánsdóttir.
They appealed the Swedish Tax Agency’s decision at the Administrative Court and were successful; Kristrúns parenthood would be registered. When the Swedish Tax Agency appealed the Administrative Court’s decision, the Administrative Court of Appeal reached the same conclusion. The Administrative Court of Appeal made the assessment that the Swedish Tax Agency’s decision restricted the family members’ right to private- and family life, and that there had been a distinction made because of sexual orientation. When the case reached the Supreme Administrative Court, the outcome was different. It concluded that the Swedish Tax Agency’s decision not to register parenthood was correct.
– This was very discouraging. Especially since both the Administrative Court and the Administrative Court of Appeal had ruled in favour of the couple. We had expected the same outcome in the highest instance and thereby reaching a landmark decision in the only reasonable direction. We view this as an obvious case of discrimination, says RFSL’s president Deidre Palacios.
Since the couple moved to Sweden and while the legal process has been on-going, the Swedish legislation about the establishment of parenthood after assisted fertilisation has been updated.
After the Supreme Administrative Court’s ruling, Kristrún turned to the Family Court in her municipality. She wanted to double-check if they could be subject to the changes in the legislation, even though their child was born before 2019, which is when the legislation was updated.
If assisted fertilisation takes place at a qualified clinic, and the child, once older, can access information about the donor, the woman in a same-sex couple who doesn’t give birth no longer has to adopt the child through second-parent adoption. Instead, parenthood can be established by signing a confirmation of parenthood. The circumstances in Kristrún and Inga’s meet these criteria.
A number of legal experts and the Family Law and Parental Support Authority, MFOF, were involved in determining if Kristrún would be able to sign a confirmation of parenthood. The conclusion was that children of same-sex couples would be subject to the new rules if the criteria of the legislation were fulfilled.
– Now I have been able to confirm parenthood and have it registered in Sweden. It’s been a long struggle, but it worked out in the end. You should never give up, but always keep fighting, says Kristrún.
Had they not fulfilled the criteria of the new regulations, for example if the donor had been anonymous, second-parent adoption would have been the only option for Kristrún to become a legal parent in Sweden. Had they been a different-sex couple (that had conceived in the same way and moved from Iceland to Sweden) they would both have been acknowledged as parents, without having to re-establish parenthood in Sweden. The Swedish laws regulating the recognition of parenthood that has been established abroad thus still differentiate between same- and different-sex couples. A governmental investigation is currently being carried out to review if foreign parenthood in same-sex couples can be recognised in Sweden to a greater extent.
– It’s a good thing that the opportunity to confirm parenthood has been expanded and that fewer people thereby have to adopt their children. But not everybody is subject to the revised legislation, and the only sensible option is that when you move, your parenthood should be acknowledged without having to be confirmed once more, concludes Deidre Palacios.