Legal. When the twins were born wanted the father terminate fatherhood – he consented only to an embryo when the couple would get help with IVF.
Now you have the unique dispute walked all the way to the Supreme Court (HD) and paternity remains.
The married couple agreed that the woman would undergo IVF abroad. She traveled to Latvia and received two embryos to increase the chance of getting pregnant, even though the man explained to the then wife that he only agreed to an embryo was planted.
In court, the woman confirmed she is the spouse’s willingness transferred two embryos instead of one during treatment.
In December 2012 born twins.
The right of parents
The father said that consent only was an embryo does not mean that consent has been withdrawn, considered Malmö District Court and referred to the law the fundamental objective that every child should have the right to two parents. A ruling which has now been established by both the Court of Appeal and the Supreme Court.
The Court of Appeal reasoned that the man committed the paternity of a child or children as twin births can not be excluded. The consent highlighted not only because the woman asked the clinic to transfer two fertilized eggs and not the reasons the Supreme Court.
– One might think that she has departed from the agreement, but in that case it is rather a test of their relationship, instead of accessing it through judicial channels. And it depends on the interests of the children of the father prevails, says family lawyer Sophie Palmgren Paulsson who followed the case from a distance.
– This judgment will hopefully get the result that you become extra vigilant on this with the consent of the such as how a possible withdrawal should be done.
Unique judgment
The judgment emphasizes HD to children’s interest in having a father outweighs man’s unwillingness to become the father of twins.
– It’s great that HD has tried this. It has resonated in a clear way, stressing the child’s interest in fatherhood, says Palmgren Paulsson.
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