Föräldraskap i rättslig belysning
2000 (Swedish)Doctoral thesis, monograph (Other academic)Alternative title
Parenthood in Legal Light (English)
Parenthood, from a legal perspective, has always been perceived as a rather unambiguous concept in Swedish legislation. It is the biological parent of a child who should be given legal status as parent and thereby also all the rights and duties of a parent.
In the first part of the thesis examines some of the reasons for studying the legislation concerning parenthood. The laws regulating the relationship between parent and child originate from laws enacted at the beginning of the twentieth century. One hundred years later, changing family patterns and the development of different techniques for assisted reproduction are only a few of the factors that puts legislation concerning parenthood in a new light. Of even greater importance is a changing view of the child and the ambition to always put the interests of the child first. It is submitted that the regulation concerning the attainment of legal status as parent must be re-examined, like any other legislation concerning children, in view of the best interest of the child.
The second part of the thesis examines the grounds for legal status as parent according to applicable Swedish laws. Particular attention is given to the question of the extent to which biological kinship can be replaced as the basis for legal status and the reasons behind this. The third part of the thesis analyses the legal construction of parenthood. The various interests of parent and child that are met by the present legislation are clarified, in particular the interests of the child in this context. It is concluded that the child has several interests that should be satisfied when establishing legal status. A question discussed in this part of the thesis is whether it is possible to satisfy the child's various interest in this context, independently of one another and without having to change the child's legal family status.
The fourth and final part of the thesis discusses legal parenthood and how the legislation could be formed in order to protect the interests of the child in a more effective manner than today. It is argued that the legal regulation of parenthood needs to be more flexible, allowing for the various interests that the child has in connection with parenthood to be met independently of one another. This means that there might be a need to let go of biological parentage as the model for legislation on parenthood. A child perhaps needs not two but several parents during childhood.
Place, publisher, year, edition, pages
Uppsala: Acta Universitatis Upsaliensis , 2000. , 573 p.
Skrifter från Juridiska fakulteten i Uppsala, ISSN 0282-2040 ; 85
Research subject Civil Law
IdentifiersURN: urn:nbn:se:uu:diva-1123ISBN: 91-7678-454-1OAI: oai:DiVA.org:uu-1123DiVA: diva2:160670
2000-12-08, Alma Minus, Gustavianum, Uppsala, 10:15 (English)