Sweden's Smer Proposes Expanding Parental Rights and Updating Assisted Reproduction Laws

The Swedish Statens medicinsk-etiska råd (Smer) has proposed significant reforms to the country's assisted reproduction laws, aiming to reflect modern family structures and medical advancements. Among the key recommendations is investigating the possibility of legally recognizing more than two parents per child, an adaptation to the growing number of same-sex couples and single individuals pursuing parenthood using assisted reproduction.

Smer also recommends removing the current age limit of 40 years for IVF treatments, suggesting that eligibility should be determined on a case-by-case basis due to advancements enabling older women to conceive. Additionally, the council has urged clear regulatory improvements regarding the use of gametes, advocating for the allowance of gametes from deceased individuals under certain conditions and better transparency about donors’ medical histories.

While commercial surrogacy remains prohibited in Sweden, Smer has sparked debate by calling for further investigation into altruistic surrogacy. This comes in response to legal challenges faced by parents who have used surrogacy services abroad, where Swedish legal recognition of parenthood is often complicated.

The report also addresses ethical considerations surrounding genetic testing and embryo selection, specifically opposing the use of such technologies for non-medical trait selection like intelligence, commonly referred to as preventing “designer babies.”

According to the council’s findings, medical and legal advancements have expanded access to assisted reproductive technologies, especially for same-sex couples and single women. However, Smer believes additional legal reforms are necessary to ensure equitable and ethical access.

These recommendations aim to stimulate public debate and are forwarded to the government and parliament for consideration. Smer's proposals highlight a progressive approach to family law, reflecting Sweden’s evolving societal norms and the complexities of assisted reproduction today.