Adoption (Switzerland)

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The adoption in Switzerland is the legal justification of a parent-child relationship between the adopter and the child regardless of the biological descent .

history

Joint adoption by a married couple

The adoption is regulated in the Swiss Civil Code in Art. 264–269c. The adoptive parents must be at least 28 years old and have been living together for at least 3 years (at least 35 years old or married for at least 5 years by 2017), and the child should be cared for by them for at least one year. Furthermore, the couple must be at least 16 years and (since 2018) no more than 45 years older than the child to be adopted. Since 2018, exceptions to the minimum age and the prescribed age gap have been possible for reasons of child welfare.

Single adoption

An individual wishing to adopt a child must be at least 28 years old (35 years old by 2017). The age difference between the individual and the child to be adopted must be at least 16 years and (since 2018) at most 45 years. Since 2018, exceptions to the minimum age and the prescribed age gap have been possible for reasons of child welfare.

Registered partnership and de facto cohabitation

In 2016, the Federal Parliament decided to allow the adoption of biological children by people who live in a registered partnership (“ rainbow family ”) or in a de facto partnership (without being bound by marriage or registered partnership); the related Article 264c of the Civil Code entered into force on January 1, 2018. The same requirements now apply as for the adoption of the child of the spouse (see below). The joint adoption of non-biological children is still prohibited. Artificial insemination is also not allowed in a registered partnership.

Adoption of a child of the spouse

The basic requirements listed below must be met in order to adopt the spouse's child. The adopting partner must have been in the same household as the parent of the child he wants to adopt for at least 3 years (be married for at least 5 years by 2017). The adopting partner must be at least 16 years and (since 2018) no more than 45 years older than the child to be adopted. Since 2018, exceptions to the prescribed age gap have been possible for reasons of child welfare. The consent of the other birth parent is also required. There are exceptions where this can be waived. If the parent is unknown or has been living in an unknown location or is absent for more than two years. When the parent is incapacitated or has never looked after the child seriously.

Adoption requirements

There are many different requirements, here are three examples:

  • The overall circumstances, in particular the motivations of the future adoptive parents, suggest that the adoption will serve the best interests of the child.
  • The well-being of other children of the future adoptive parents is not endangered.
  • There are no legal obstacles to the adoption.

The list of all tasks that are valid in Switzerland can be viewed in the adoption ordinance.

credentials

  1. ↑ Federal Chancellery - P: SR 210 Swiss Civil Code of December 10, 1907. Retrieved on January 7, 2018 .
  2. ↑ a b Swiss Confederation: Adoption of a Child: Requirements and Procedure. Retrieved April 12, 2013 .
  3. ↑ Federal Chancellery - P: SR 210 Swiss Civil Code of December 10, 1907. Retrieved on January 7, 2018 .
  4. ↑ Queer.de:Stepchild adoption for same-sex couples in Switzerland
  5. ↑ Swiss Confederation: Effects of same-sex partnership. Retrieved April 12, 2013 .
  6. ↑ Swiss Confederation: How can I adopt a child from my husband or wife? Retrieved April 12, 2013 .
  7. ↑ Federal Chancellery - P: SR 210 Swiss Civil Code of December 10, 1907. Retrieved on January 7, 2018 .
  8. ^ Swiss Confederation: Adoption Ordinance. (PDF, 121 kB) June 29, 2011, archived from the original on March 4, 2016 ; accessed on July 25, 2019 .

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