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About parenthood

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On this page you can find information about the rules governing parenthood and paternity in the Children and Parents Code.

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About parenthood generally

The person who gives birth to a child is the mother of the child. This is true even if the child was conceived following an egg donation. Motherhood does not need to be established in any way to be valid. 

The rules governing parenthood for the parent who did not give birth to the child are a bit more complicated. In most cases, that parent is a man, and is the father of the child. If instead the mother has a child with another woman, that woman is called the child’s parent. The principles of how her parenthood is established are the same as for a father. The same applies in cases where one parent or both have changed their gender. For all these parents, the same rules apply, for example, concerning custody of the child, maintenance, inheritance, names and parental benefits.  

If the mother is married, her spouse is considered (presumed) to be the parent of the child. In that case, parenthood does not need to be established in order to be valid. If it is established that someone other than the spouse is the parent of the child, the parenthood of the spouse can be revoked without the matter needing to be determined by a court. It is then sufficient that the person who really is the parent of the child acknowledges parenthood, and that this acknowledgement is approved in writing by both the mother and by her spouse. In cases where someone other than the spouse may be the child’s parent, both the spouse and the child may apply to the court and have the matter determined.

If the child’s mother is not married when the child is born, or if the parenthood of the mother’s spouse has been revoked, parenthood must be specifically established by acknowledgement or the judgment of a court. In this situation, the social welfare committee has an obligation to investigate who is the parent of the child.  

Since 2022, there is an option that allows most people to acknowledge their parenthood digitally (online) directly with the Swedish Tax Agency (Skatteverket). A digital acknowledgement must be completed no later than 14 days after the birth of the child. 

More information on acknowledging parenthood digitally can be found on the website of the Swedish Tax Agency.  

Information about acknowledging parenthood digitally, the Swedish Tax Agency's website

If you have not completed a digital acknowledgement of parenthood within 14 days, you can instead contact the social welfare committee to acknowledge parenthood in writing. A written acknowledgement of parenthood requires a visit in person to the social welfare committee. 

If no digital acknowledgement is completed, if the social welfare committee’s investigation does not clearly identify a person as the parent, or if the person identified as the parent is unwilling to acknowledge parenthood, it may be necessary to have parenthood established by a court. If the child is of legal age, they can plead their case themself. Otherwise, the child’s case is normally filed by the mother or by the social welfare committee. 

Parenthood in cases of assisted reproduction

Assisted reproduction with donated sperm may be performed in the Swedish healthcare system on a woman who is married or a cohabitee, regardless of whether she is married or cohabiting with a man or with a woman. For all couples, written consent is required from the woman’s spouse or cohabitee for the treatment to be performed. Assisted reproduction may also be performed on a woman who is single. If assisted reproduction with donated sperm has been performed abroad, the treatment must have been performed at a competent institution and the child has the right to access information about the sperm donor in the future. Thus, the sperm donor may not remain anonymous. If it is found that these conditions are not met, the parenthood of the mother’s spouse or cohabitee may be revoked. If the requirements are not met, parenthood can instead be achieved through adoption, if the conditions for adoption are met (see page on Adoption). 

Parenthood in international relationships

What is stated above concerning parenthood applies in the first instance to children of Swedish parents born in Sweden. Special rules apply regarding international relationships. As a rule, paternity registered in another country is also valid in Sweden. New rules were introduced on 1 August 2022 for foreign national same-sex female couples moving to Sweden. These rules concern recognition of parenthood for the woman in the couple who did not give birth to their child. According to the new rules, under certain conditions a woman who is or has been married to the child’s mother is automatically deemed to be the child’s parent in Sweden. This applies in particular if their parenthood is recognised under the law of the country in which the child was habitually resident at birth. In addition, foreign court orders and determinations of parenthood for a woman who is or has been married or cohabiting with the child’s mother must be recognised in Sweden under certain conditions.

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