RACE4MPROVEMENT IN SWEDEN 73 



malady, arrest in development, or abnormality in the mental life which might 

 be an impediment to marriage. 



With certain stated restrictions the above mentioned diseases ought to be 

 allowed as grounds for the annulment of marriage, or for divorce. If one of the 

 married pair had become mentally diseased, and continued so for three years, and 

 if according to a certificate given by the proper medical man there was no reason 

 for hoping that a lasting return to health could be expected in the insane person, 

 the Court ought, if the other party to the marriage desired it, to grant a divorce. 

 In the same way it ought to be enacted that venereal disease, if caused by adul« 

 tery or other inchastity, or if the sick person has infected the other party, or 

 exposed him to danger of infection, shall also give grounds for a divorce. 



Although from a eugenic point of view it perhaps might be desirable to 

 enact that an impediment to marriage is found with alcoholists, and persons suf« 

 fering from leprosy, or tuberculosis in a high degree, as well as for deaf«mute 

 persons, and others suffering from bodily defects or disablements yet the Faculty 

 from practical reasons considered that they ought to refrain from demanding this 

 and rested their hopes upon the increasing knowledge and sense of responsibility. 



Regarding the minimum age for marriage, which in our country has been 

 21 years for the man and 17 for the woman, the Faculty gave a warning against .. 

 sinking it to 16 years in accordance with the Danish and Norwegian law, which J 

 had been brought into question. 



The old law did not allow persons, standing in any nearer relation to each 7 

 other than cousins, to marry. The Faculty did not consider that any alteration f 

 ought to be made in this law. ■' 



From practical reasons and not to make it unnecessarily difficult to enter 

 into matrimony, the Faculty considered itself obliged to restrict its demands for 

 medical examination before marriage to the cases already stated, notwithstanding 

 that it saw fully the medical justification of the proposal for making examination 

 of the nupturients by a medical man statutory, whether with or without a quali* 

 fied certificate, which was raised not only by medical men, but also by motions 

 in Parliament. 



Although the proposal of the Medical Faculty must be considered as moder* 

 ate in a high degree, it did not win the approval of the legislators in every way. 

 The law committee who modified the proposal, took as the chief foundation that 

 the entrance into matrimony ought not to be made more difficult, and it must 

 also in a high degree take into account the great difficulties which are met with 

 in the practical appliance of the law. 



Our marriage law now in force of the 12th of November 1915, contains 

 therefore prohibition of marriage for persons suffering from epilepsy, produced by 

 preponderating internal causes, mental disease and mental debility, as well as 

 sexual diseases in an infectious stage. Before the marriage takes place both the 

 contracting parties must declare in writing on their honour and conscience, that 

 they are not suffering, according to their knowledge, from true falling sickness 

 or sexual disease. If a person has been insane during the last three years or if 

 there is any cause for believing that he suffers from mental disease or mental 

 debility, he must show by means of a doctor's certificate that there are no signs 



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