Equal treatment for all married couples in sight


Today, the government proposes a presumption of parentage for all married couples. The proposal means that the person married to someone who gives birth automatically will become the child's parent, regardless of gender. RFSL has pursued the issue for a long time and welcomes the proposal.

Currently, Sweden has a presumption of fatherhood where men in different-sex marriages (where nobody has changed legal gender) are automatically registered as the father of a new-born child. The same rules haven’t applied to married same-sex couples or couples where someone, or both, have changed legal gender.

– RFSL has demanded a parentage presumption that treats all married couples alike for a long time. This is a victory we will celebrate when the proposal is approved by parliament, says Frank Berglund, vice president of RFSL.

The proposal also means that unmarried parents will be able to confirm parenthood electronically. The proposal would mean that fewer unmarried couples would need to contact the social services in their municipality to determine parenthood.

The proposal is based on current legislation with rules that mean that a presumption of fatherhood can be nullified if the child has been conceived through home insemination or assisted reproduction abroad with an anonymous donor. The same rules are now proposed for all married couples.

– LGBTQI couples more often conceive with the help of a sperm donor, abroad or at home. Therefore, the rules will hit rainbow families harder. It risks putting children in a legally risky situations where they lose a legal parent. We need to address this and change the law, concludes Frank Berglund.

The government will now send the proposal to the Council on Legislation for an evaluation. A proposition is expected later this spring, and a new legislation can take effect on January 1 2022.