Danska presumtioner för svenska fäder - Faderskapspresumtionens relevans i det moderna samhället

Sammanfattning: The purpose this essay is to give an account of the presumption of paternity and to investigate whether it is a suitable method for establishing paternity. The presumption of paternity is a legal concept that generally assumes the husband to be the father of any child born during the marriage. The presumption has been a longstanding legal principle and originates from Roman law. If the mother is unmarried, paternity is established through a voluntary acknowledgement or by the court. Historically, the presumption of paternity had a close connection to inheritance law, with Swedish legislation distinguishing between children born within and outside of wedlock. However, as more couples choose to cohabit and have children without formal marriage, the legal framework still maintains distinctions between married and unmarried couples in matters of paternity. The continued relevance of the presumption of paternity in a modern society can and should be questioned. Numerous suggestions to an alternative regulation have been made both in the Swedish Parliament and in legal doctrine. Most suggestions have focused on either abolishing the presumption or extending the presumption to include cohabiting couples. However, the challenge lies in finding a balance that ensures a child's right to know about their genetic origin without questioning paternity unnecessarily and potentially disrupting familial bonds. Examining Denmark's approach to paternity regulation reveals an alternative method. In Denmark, parents confirm their parenthood and express their intention to care for the child together at the time of birth. This regulation would potentially safeguard a child's right to understand their genetic heritage without unnecessarily jeopardizing family stability. The essay finally concludes, as the title suggests, that a regulation similar to the Danish one would be the most appropriate way to regulate the determination of paternity in Sweden as well.