What are the most common legal concerns parents raise when you meet them?
Without out a doubt it’s “Are we the child’s legal parents and how does it work?” And of course that’s not a straightforward question. Ultimately the answer is yes, you will be but it will take time depending on the situation, for example where the child is born. The law has nuances both in the country of birth and in Sweden, and it’s our job to give parents the advice and support to get through this, but it does require patient.
Typically, I have a meeting with them about three months before the due date to discuss the requirements. As well as answering questions, it’s about making sure they understand that things can take time, while also reassuring them that they don’t need to worry, I will help them with the legal process in Sweden.
How much is handled by the agency and how much is the responsibility of the intended parents?
The agency handles the interaction between the parents to be and the clinics in the different countries and the surrogate mother. It’s up to give me the birth certificate and to register their child with the tax office and social services. As a legal adviser, I support parents in Sweden, as far as my remit allows which includes establishing fatherhood, and filing for sole custody, and adoption.
How does Swedish law view children born through surrogacy in countries where surrogacy is legal?
Currently, Sweden doesn’t recognize surrogacy, but it does recognize a child’s closeness to family and the right to know their identity. This means that in those relationships where there is a father, the starting point is establishing fatherhood and later sole custody. The ease of this will depend on the process and documents issued in a specific country. In the US, for example, the child can travel home with a US issued passport, while children born in Georgia need to wait for the Swedish court to establish fatherhood before any documents can be issued by the Swedish Embassy.
Once the Swedish court has awarded sole custody to a father, the other partner is able to file for adoption through the courts. The law is there to protect the child and primary to that is the child’s right to belong in a unit, i.e. as part of family. Obviously, the process will differ if you are a single mother or female couple, but we have a process in place for supporting them too.
What legal steps should intended parents complete before birth to avoid complications later?
The most important step is being registered as living in Sweden. The laws differ depending on where you are in Northern Europe, so your residency will be key when dealing with the different government agencies and courts. Tammuz has been doing this for a long time in the region so with their support network you can trust in the process even though it takes time.
You can read more about how new Danish legislation has brought parity to biological and non-biological surrogate parents in this blog by Mikkel Raahede.
What misconceptions do intended parents often have about surrogacy law that you’d like to correct?
Again, I would say that it’s expecting to be the sole custodian of the child at birth as opposed to the surrogate. Despite the fact that it may be the egg of one parent or a separate donor, or the sperm from one parent, Sweden still recognizes the person who gives birth as the mother. And that’s why we’re here to support intended parents through the process of becoming recognized by the Swedish state as the legal parents, just like parents of any child in Sweden.
Anything else?
Having worked with surrogacy for some years now, I believe we need a change in the legal system. Rather than looking at surrogacy as a business, the laws should focus more on the child’s best interests. Making it easier to establish parenthood is one way of doing that. Choosing to do surrogacy is not a casual decision, starting a family rarely is. It’s a highly involved process for those who choose to take the surrogacy route. We need to simplify things for them so they can focus on being parents to their child when they come home, rather than spending time on becoming legal parents.
