Adoption in Switzerland

In Swiss family law, adoption is the legal establishment of a parent-child relationship between the adopter and the child without regard to biological parentage.

History
See also: Adoption § history

Requirements

Joint adoption by a married couple

Adoption is regulated in the Swiss Civil Code in articles 264-269c. The adoptive parents must be at least 28 years old and have shared a household for at least 3 years (until 2017, at least 35 years old or married for at least 5 years), and the child should be in family care with them for at least one year. Further, the couple must be at least 16 years and (since 2018) at most 45 years older than the child to be adopted.[1][2] Since 2018, exceptions to the minimum age and prescribed age gap are possible for reasons of the child's best interests.

Since same-sex marriage was introduced on July 1, 2022, same-sex married couples have also been able to adopt a child since then.

Individual adoption

An individual wishing to adopt a child must be at least 28 years old (35 years old until 2017). The age difference between the individual and the child to be adopted must be at least 16 years and (since 2018) no more than 45 years.[2][3] Since 2018, exceptions to the minimum age and prescribed age difference are possible for reasons of the best interests of the child.

Registered partnership and de facto cohabitation

In 2016, the Federal Parliament decided to allow the adoption of natural children by persons living in a registered partnership ("LGBT parenting") or de facto cohabitation (without being bound by a marriage or registered partnership);[4] the relevant Article 264c of the Civil Code entered into force on January 1, 2018. As a result, the same requirements now apply as for adoption of a spouse's child (see below). Joint adoption of non-birth children continues to be prohibited. Artificial insemination is also not permitted in a registered partnership.[5]

Adoption of a child of the spouse

The basic requirements listed below must be met in order to adopt a spouse's child. The adopting partner must have shared a household with the parent of the child they wish to adopt for at least 3 years (married for at least 5 years by 2017). The adopting partner must be at least 16 years and (since 2018) at most 45 years older than the child to be adopted. Since 2018, exceptions to the prescribed age difference are possible for reasons of the child's best interests. The consent of the other natural parent is also required. There are exceptions where this can be waived. If the parent is unknown or has had an unknown residence for more than two years or is absent. If the parent is incapable of judgement or has never seriously cared for the child.[6][7]

Conditions for adoption

There are many different conditions, here are three examples:

  • The totality of the circumstances, namely the motives of the prospective adoptive parents, indicate that the adoption is in the best interests of the child.
  • The welfare of other children of the prospective adoptive parents will not be jeopardized.
  • There are no legal obstacles to the adoption.

The list of all criteria can be found in the Federal Adoption Ordinance.[8]

Effects of adoption

The adopted child receives the legal status of a natural child of the adopting persons. As a rule, the previous child relationship ceases to exist.[9]

The adopted person also receives the family name of the married parents or that of the single adopter. The original name expires automatically (Art. 267a ZGB).

Contestation

A pronounced adoption is final. It can only be contested within a specified period under the conditions of Art. 269, Art. 269a, Art. 269b of the Civil Code.

References
  1. Bundeskanzlei – P. SR 210 Schweizerisches Zivilgesetzbuch vom 10. Dezember 1907. Retrieved January 7 , 2018.
  2. Schweizerische Eidgenossenschaft. Adoption eines Kindes: Voraussetzungen und Verfahren. Retrieved April 12, 2013.
  3. Bundeskanzlei – P. SR 210 Schweizerisches Zivilgesetzbuch vom 10. Dezember 1907. Retrieved January 7, 2018.
  4. Queer.de:Stepchild adoption for same-sex couples in Switzerland
  5. Schweizerische Eidgenossenschaft. Auswirkungen der gleichgeschlechtlichen Partnerschaft. Retrieved April 12, 2013.
  6. Schweizerische Eidgenossenschaft. Wie kann ich ein Kind meines Ehemanns oder meiner Ehefrau adoptieren? Retrieved April 12, 2013.
  7. Bundeskanzlei – P. SR 210 Schweizerisches Zivilgesetzbuch vom 10. Dezember 1907. Retrieved January 7, 2018.
  8. Schweizerische Eidgenossenschaft. Verordnung über die Adoption. 29. Juni 2011, Retrieved February 19, 2022.
  9. Wirkungen der Adoption. Departement für Justiz und Sicherheit Thurgau, retrieved June 13, 2022.
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