Who is the legal parent in Sweden?
Swedish law treats the woman who gives birth as the child’s mother. A Ukrainian or Georgian birth certificate naming both intended parents does not, on its own, make the intended mother a parent in Sweden.
In Sweden the woman who gives birth is the legal mother. After surrogacy in Ukraine or Georgia, the father’s paternity is confirmed in Sweden, custody is transferred to him, and the intended mother becomes a legal parent through stepchild adoption.
Last checked: 14 November 2026 · Written by Andrii Khodonovych, founder of Freya
Swedish law treats the woman who gives birth as the child’s mother. A Ukrainian or Georgian birth certificate naming both intended parents does not, on its own, make the intended mother a parent in Sweden.
The Swedish Embassy in Kyiv explains that, under the International Paternity Act (1985:367, sections 7–8), paternity established in Ukraine is not valid in Sweden. Paternity must instead be confirmed through the social welfare board (socialnämnden) in the father’s municipality or through a Swedish district court. The surrogate, as the legal mother, approves the acknowledgement. If she is married, her husband’s position must also be resolved.
Only after paternity is valid in Sweden can the embassy apply to the Swedish Tax Agency for a coordination number, which is needed for the child’s Swedish passport.
An unmarried legal mother has custody under Swedish law, so custody is transferred to the father through a Swedish court. The intended mother then applies for stepchild adoption. The Supreme Court of Sweden has accepted such an adoption after surrogacy abroad (NJA 2019 s. 504).
Unmarried couples choosing Georgia should confirm with a Swedish family lawyer how adoption by a cohabiting partner applies to their situation.
This guide summarises official sources for planning. It is not legal advice for your individual case; a lawyer in your country confirms the route before you sign.
Checked 14 November 2026. Laws and procedures change; confirm current requirements with a qualified lawyer in your country before you sign a contract.