Mamma, pappa, barn. Eller? - En diskursanalytisk granskning av heteronormativiteten i svensk lagstiftning gällande rättsligt föräldraskap vid insemination utanför svensk sjukvård.

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: Female same-sex couples have had the right to undergo insemination within Swedish health care since July 1st 2005. Despite this some couples still choose to get the treatment outside Swedish health care, either abroad or through private insemination. With insemination outside Swedish health care with donated sperm the regulation for parenthood for female same-sex couples differs from that of opposite-sex couples. The male in an opposite-sex couple is considered the legal father of the child from birth, provided that he has consented to the insemination. The female that doesn’t give birth to the child in a same-sex couple is not considered the legal parent, regardless of consent. In such a situation, the paternity is to be investigated and determined instead. In Sweden, the paternity of children born from insemination with donated sperm was first regulated in the 1980’s. It was decided that the social paternity should precede the genetic, regardless of whether the insemination was performed within or outside of Swedish health care. Originally, the differing regulation for female same-sex couples was motivated with that it was in the best interest of the child to have access to both a mother figure and a father figure. Since then it has been established that two women can also give a child a good upbringing. When female same-sex couples were given the right to undergo insemination within Swedish health care, it was also decided that the same parental regulation for the woman who doesn’t give birth to the child should not be applicable on insemination outside Swedish health care. This is said to be a way of protecting the child’s right to knowledges of its’ genetic origin. It is not the parents’ interests that are supposed to be the primary concern in parental regulation, but the child’s. The rights that are of concern are both the best interest of the child, which among other things includes the child’s right to two legal parents, and the child’s right to knowledge of its’ genetic origin. It is important to emphasize that there is no right to have a child. Through a discourse analysis of the legislative history of the current parental regulation from a queer theoretical perspective, it becomes apparent that the regulation is pervaded with heteronormativity. The logic of the heterosexual matrix is applied even when female same-sex parentage is discussed, with the result that the sperm donor is referred to as the father. The motives express the opinion that two female parents are less desirable than a male and a female parent. The parental regulation should be altered so that the social parentage precedes the genetic for female same-sex couples as well. It would better meet the child’s right to, and need for, two legal parents. It would also equalize the female parentage with the male, and consequently same-sex parents with opposite-sex parents.

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