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Swedish Chapter
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Perry, Elizabeth,Dr.1975-Uppsala universitet,Juridiska institutionen
(författare)
Swedish Chapter
- Artikel/kapitelEngelska2024
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Modena :Mucchi Editore,2024
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printrdacarrier
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LIBRIS-ID:oai:DiVA.org:uu-527680
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https://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-527680URI
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Språk:engelska
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Sammanfattning på:engelska
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Ämneskategori:ref swepub-contenttype
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Ämneskategori:kap swepub-publicationtype
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This Handbook is a research product of the “JUST PARENT Legal Protection for Social Parenthood” project (no. 101046382), funded by the European Union as part of the European Commission's Justice Program 2021-2017. Views and opinions expressed are however thoseof the author(s) only and do not necessarily reflect those of the European Union or the European Commission. Neither the European Union nor the granting authority can be held responsible for them. The Justice Programme is running from 2021 to 2027. It provides funding to support judicial cooperation in civil and criminal matters such as training to judges and other legal practitioners and effective access to justice for citizens and businesses. It contributes to the further development of a European area of justice based on the rule of law, including independence and impartiality of the judiciary, on mutual recognition, mutual trust and judicial cooperation. It is strengthening democracy, rule of law, and fundamental rights. https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/programmes/just2027
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The Swedish chapter of this Handbook aims to summarize and critically analyze relevant law and practice in Sweden as of early 2024 concerning social parenthood, a topic being investigated in light of EU-level efforts to harmonize or otherwise minimize discrimination against certain EU citizens, be they parents or children, due to the social instead of traditional biological basis of their parent-child relationship.It analyzes the Swedish legal concepts of parenthood, family, social parenthood and de facto parenthood, how parenthood is established (by automatic operation of Swedish law, by consent or intention such as in situations of confirmation of parentage, adoption, and medically-assisted reproduction) as well as ways that current law and its application, including in cross-border cases such as those in which recognition of foreign-issued parenthood-related documents is sought, can lead to discrimination and its negative consequences for children and parents. As the Handbook's Policy Recommendations explain,"Social parenthood is an umbrella term used to describe the relationship between a person assuming parental status or parental responsibility anda child, in the absence of a genetic, biological, and gestational contribution between the former and the latter. The category includes all forms offiliation resulting from the various types of adoption, including stepchildadoption, as well as filiation resulting from donor-gamete-based medically-assisted reproduction, medically-assisted procreation (MAP) using acouple’s own gametes, surrogacy, post-mortem procreation (use of gametes after a natural parent’s death), adoption of embryos, and heterologousMAP by mistake (switched gametes at the lab resulting in a child not biologically related to the intended parents)."Social parenthood further includes functional/de facto parenthoodby adults in actual parenting roles with a child and parenthood foundedon informed consent more generally. In the free-movement context, itincludes cases in which certain countries provide legal status to a parentchild relationship while in other states the parent and child are treated as“legal strangers”."By including the concept of social parenthood in legal regulation of thefamily, such legal harms can be avoided and more emphasis can be placedon what is central for the child: enduring care for the development of theidentity of the child, in coordination with the document “EU strategyon the rights of the child”. The approach is supported by research findings from the studied jurisdictions that document existing rules of domestic law aimed at the preservation of a social parent-child relationship, thatis to say a non-biological status filiationis for the protection of the bestinterest of the child. The term is highly relevant to EU legal developmentbecause it includes both the above-described non-biologically-based formsof parenthood/filiation based on national law and the filiation status thatcirculates between EU Member States and in cross-border cases between EU and non-EU countries."
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Uppsala universitetJuridiska institutionen
(creator_code:org_t)
Sammanhörande titlar
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Ingår i:Just Parent - Legal Protection for Social Parenting HandbookModena : Mucchi Editore, s. 191-2779791281716025
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