Fastställande av föräldraskap. En analys av identifierade intressen i förarbeten från 1900-talet till idag

Sammanfattning: This essay discusses the evolution of the laws determining legal parenthood in Sweden to gain a deeper understanding of how different interests causes changes within the law and how the interest interact with each other. This has been done by analyzing the legislative history and the preparatory work from the 20th century to today. Legal paternity has been regulated by law since 1917 and can be established through various means such as the presumption of paternity, voluntary acknowledgement and by court decision. In the case of assisted reproduction, paternity is based on a consent to the treatment. The child has always had the right to litigate. Until 1976, the presumed father had a time-limited right to litigate in the event of revocation of paternity. However, this changed in connection with children in and out of wedlock receiving the same legal rights. Until 2003, there were no explicit legal rules regarding legal motherhood. However, when egg donation became legal the mother was defined as the one who birthed the child. Furthermore, allowance of assisted reproduction in same-sex couples has resulted in a presumption of parenthood like the presumption of paternity. The interests of the child, the parent, and society have been identified in the preparatory work and the child's interests have always had a prominent role in the legislative work. This may be due to Sweden's incorporation of the Convention on the Rights of the Child. However, the parent's interest in genetic and legal parenthood being the same has led to an unlimited right for the parent to litigate when revoking parenthood. In conclusion the value of different interests when determining legal parentage have changed over time. The prioritizing of the interest depends on what the legislator at the time considered to be in the best interest of the child.