The woman and her then partner were childless, so enlisted the man’s sister as a surrogate. As surrogacy is not allowed in Sweden, the woman’s fertilised egg was implanted in the surrogate mother in Finland.
When the girl was born in 2002 the man was named father but the woman had to apply for adoption, the Juridik news service reports.
The adoption was approved by the district court, but after the couple separated the man appealed the court’s decision. The Svea Court of Appeal in Stockholm decided that the adoption could not be allowed without the father’s consent, and overturned the district court’s decision.
The woman appealed to the Supreme Court, which has now also said no to the adoption.
The Supreme Court referred to a case from 1973 in which it was ruled that a decision over an adoption can be reversed if one of the parents withdraws consent.
Two judges dissented from the Supreme Court’s decision, arguing that the genetic mother should be allowed to adopt the child.
The girl, who is now 4, has until now lived with her genetic mother and father. The Supreme Court ruling means the man and his sister become the child’s legal parents.