Ett barn i present? En rättsutredning om möjligheterna till legalisering av surrogatmoderskap

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionen

Sammanfattning: In this thesis I will process the Swedish legal rules of surrogacy arrangements and problems that can appear with it. Surrogacy arrangements, when a woman carries and gives birth to a baby for another couple, are illegal in Sweden. There is a discussion about it and a lot of discordant thoughts and the arguments are good, whether they are pro or con surrogacy arrangements. But which ones are the best? In Swedish law there is a presumption that a woman who gives birth to a baby, is the legal parent of the baby. The presumption can’t be broken. This causes major problems when Swedish couples go abroad to hire a surrogate mother and after she has given birth, bring the baby home to Sweden. An example of that is the Swedish case NJA 2006 s. 505. The adversaries claim that surrogacy arrangements will lead to an illegal trade with women like with prostitutes. There is a risk, but the positive effects of surrogacy arrangements, like giving childless couple a chance to build a family, are bigger. The advocates claim that the right of freedom is more important than the protection of the surrogate mothers. They think we should be allowed to do want we want as long as we don’t hurt anyone. And becoming a surrogate mother is voluntarily. The effects of the surrogate child are also important for a discussion. Surveys have showed that surrogate children are as healthy as children who came from parents who had intercourse, and they are much healthier than adopted children. According to the Convention on the Rights to the Child, which Sweden has ratified, all children have the right to know who their parents are and where they come from. Surrogate children have the same rights but Sweden has no system to guarantee it, because it isn’t allowed to hire surrogate mothers yet. To summarize I think the arguments pro surrogacy arrangements are better, but there are a few questions that have to be clear before that happens.

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