Becoming a parent is one of life’s greatest milestones. However, parenthood is not only about love and care – there are also important legal rules to understand. In this article, you will find answers to the most common questions about paternity, parenthood, and what applies under Swedish law. Whether you are a mother, a father, a co-parent, or unsure about your legal rights and responsibilities – here are the answers.
1. What is legal paternity in Sweden?
It means that a man is legally recognized as the father of a child under Swedish law.
2. Who establishes paternity?
The local municipality through confirmation or the district court through a ruling.
3. When is paternity automatically established?
When the mother is married to a man at the time of the child’s birth.
4. What happens if the mother is not married?
Paternity must be established through confirmation or a court ruling.
5. How is paternity confirmed?
The parents sign a legal document together at the municipal office.
6. Do both parents have to appear in person?
Yes, both must sign in person before an official.
7. What is a DNA test in paternity cases?
A test used to confirm genetic parentage.
8. Can the municipality force someone to take a DNA test?
No, but the court can order it.
9. Who can file a paternity case in court?
The child, the mother, or the social welfare committee.
10. What happens if the man refuses to acknowledge paternity?
It can be settled in court.
11. Can paternity be established after the child’s birth?
Yes, this is common and legal.
12. Is there a time limit for establishing paternity?
No, it can be established at any time.
13. Can someone other than the biological father become the legal father?
Yes, through adoption or if married to the mother.
14. Can paternity be established for a deceased child?
Yes, this is possible under Swedish law.
15. Can paternity be annulled?
Yes, if proven to be incorrect.
16. Who can request annulment?
The father, the mother, the child, or the social welfare committee.
17. What is parenthood for women in same-sex relationships?
Legal recognition of a woman as the parent of her partner’s child.
18. How is parenthood confirmed for a woman?
Through confirmation or a court ruling, just like paternity.
19. Is clinical insemination required to establish parenthood?
Yes, it must have occurred at a licensed clinic in Sweden.
20. Can two women be registered as parents at birth?
Yes, if they are married and the child was conceived through clinical treatment.
21. How does legal parenthood affect the child?
The child receives the same rights as any other child.
22. Can a child have more than two legal parents in Sweden?
No, Swedish law allows only two legal parents.
23. What does legal custody mean?
Responsibility for the child’s personal affairs.
24. Does custody automatically follow paternity?
No, they are separate legal matters.
25. Does the father automatically get custody when confirming paternity?
No, but joint custody can be agreed upon at the same time.
26. Can paternity be confirmed without obtaining custody?
Yes, this is possible.
27. How can parents get joint custody later?
By agreement or by court decision.
28. Can paternity be established even if the mother objects?
Yes, through court proceedings.
29. Who has the right to know who the father is?
The child and the mother.
30. What is a legal father?
The man who is legally recognized as the child’s father.
31. What if the mother refuses to cooperate in establishing paternity?
The social welfare committee can take the matter to court.
32. Can paternity be established against both parents’ wishes?
Yes, if it is in the best interest of the child.
33. Can the child file a paternity case?
Yes, through a legal representative.
34. At what age can the child bring a case?
It depends on the child’s maturity and legal circumstances.
35. What if the father lives abroad?
Paternity can still be established in Sweden.
36. Can paternity be established if the child already has a legal father?
Only if the existing paternity is annulled.
37. What is the difference between legal and biological father?
Legal is recognized by law, biological is based on genetics.
38. What is a ”confirmation of paternity”?
A document where the man acknowledges his paternity.
39. Is the confirmation legally binding?
Yes, if approved by the mother and the municipality.
40. Can the confirmation be revoked?
Only through a court ruling.
41. What if the mother does not know who the father is?
The social welfare committee investigates.
42. What does the social welfare investigation involve?
Finding out who the father is.
43. Can multiple men be investigated?
Yes, if paternity is uncertain.
44. How long does a paternity investigation take?
Usually a few months.
45. Is there a fee to confirm paternity?
No, it is free of charge.
46. Is confirming paternity voluntary?
Yes, but it can be ordered by a court.
47. Can a child be born without a legal father?
Yes, until paternity is established.
48. What rights does the child have once paternity is established?
Child support, inheritance rights, and parental contact.
49. Can a man deny paternity after confirming it?
Only through a court process.
50. Can the social welfare committee reject a confirmation?
Yes, if there are doubts.
51. What happens in a disputed paternity case?
The court decides.
52. Who gets custody if parents disagree?
The court decides in case of a dispute.
53. Can the mother have sole custody at the time of confirmation?
Yes, if agreed.
54. Is joint custody mandatory?
No, it is voluntary.
55. Can custody be changed later?
Yes, by agreement or by court ruling.
56. What is the difference between custody and visitation?
Custody is legal responsibility, visitation is time spent together.
57. What is child support?
Financial support from the parent the child does not live with.
58. How is child support calculated?
Based on the child’s needs and the parent’s financial situation.
59. Must a father pay child support without having custody?
Yes, if he is the legal father.
60. How do you apply for child maintenance support?
Through the Swedish Social Insurance Agency (Försäkringskassan).
61. Can child support be determined in court?
Yes, if the parents cannot agree.
62. Can two women have joint custody?
Yes, just like a heterosexual couple.
63. What is a parenthood confirmation?
The same as paternity confirmation, but for same-sex couples.
64. Can parenthood be confirmed retroactively?
Yes, it can.
65. What is adoption?
When someone becomes the legal parent of a child they did not give birth to.
66. Can the social welfare committee assist with adoption?
No, it is decided by the court.
67. What is a social parent?
A person who acts as a parent without being legally recognized.
68. Does a social parent have legal rights?
No, not under Swedish law.
69. Can a social parent adopt the child?
Yes, by applying to the court.
70. How does adoption affect inheritance rights?
Adopted children have the same inheritance rights as biological children.
71. Can established paternity be annulled?
Yes, by court decision.
72. Can a man be forced into a paternity case?
Yes, by the social welfare committee or the mother.
73. How is the child’s best interest protected in the process?
Through investigations and court rulings.
74. Can a court ruling on paternity be appealed?
Yes, to the Court of Appeal.
75. How long does a court case take?
Usually several months.
76. Can the child have visitation with the father without custody?
Yes, visitation rights apply regardless of custody.
77. Who decides on visitation?
The parents or the court.
78. Can visitation be denied?
Yes, if it is not in the child’s best interest.
79. What is a visitation agreement?
A written agreement about visitation arrangements.
80. Can visitation be enforced through court?
Yes, if it is in the child’s best interest.
81. What is an interim decision?
A temporary decision while waiting for a final ruling.
82. Can a child refuse visitation?
The child’s wishes must be considered, especially if older.
83. What is meant by ”the child’s best interest”?
The child’s needs and rights take precedence over the parents’ wishes.
84. Who represents the child in court?
Usually a legal representative.
85. Can a child have two mothers and one father legally?
No, Swedish law allows only two legal parents.
86. How can a parent obtain sole custody?
By agreement or court decision.
87. What is a custody dispute?
When parents disagree about custody.
88. How is a custody dispute resolved?
By the court.
89. Must the child be heard in custody disputes?
The child’s views must be considered based on age and maturity.
90. Can a custody agreement be changed later?
Yes, by new agreement or court ruling.
91. What if the father dies before paternity is established?
It can be established afterward.
92. What is a paternity acknowledgment in another country?
A foreign acknowledgment that may be recognized in Sweden.
93. Does Swedish law apply if the child is born abroad?
Partially, international family law may apply.
94. What is the Hague Convention?
An international agreement on parentage and adoption.
95. Can foreign paternity decisions be recognized in Sweden?
Yes, if they meet legal standards.
96. What is the social welfare committee’s role in parentage?
To ensure the child’s right to legal parents.
97. Can a confirmed parenthood be revoked?
Only through a court decision.
98. What is the child’s right to identity?
The right to know their origins and parents.
99. Can a man confirm paternity to a child who is not his biological child?
Yes, but it can be annulled if proven incorrect.
100. Where can I get help with paternity issues?
Contact your municipality, a lawyer, or the social welfare committee.