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In Switzerland, spouses who have been living in the same household for at least three years have the option of adopting a child (joint adoption in accordance with Art. 264a CO). Individuals who are neither married nor living in a registered partnership can also adopt a child in Switzerland (individual adoption under Art. 264b CO).
In Switzerland, you can adopt a child either as a couple or alone. The adoption process can take several years. The best interests of the child are at the heart of the adoption process.
As already mentioned, adopting a child is not a simple matter. High legal and personal demands are placed on the adoptive parents, and the process requires a great deal of patience. The desire of childless parents for a child should not be the only focus. Rather, the adoptive child should be guaranteed a stable family environment.
There are unknown factors in every adoption process, particularly with regard to the length of the process. The current trend points to longer adoption procedures. Furthermore, it is important to bear in mind that adoption procedures can be put on hold from one day to the next on account of political or social upheaval or a natural disaster in the country of origin resulting in dossiers being blocked.
The competent cantonal authority checks whether the basic requirements for adoption are met. It will check the following points in particular:
The age difference between you and the child you wish to adopt must be at least 16 and no more than 45 years. You must be able to take care of the child and its education on a permanent and appropriate basis. To check this, a specialist qualified in social work or psychology will meet with you several times to exchange information and conduct interviews with you.
The adoption must be in the best interests of the child. The welfare of your other children must also be taken into account. The child must consent to the adoption if it is already capable of doing so and You must have provided for the care and upbringing of the child for at least one year.
Where the child’s biological parents are known and still alive, they must consent to the adoption, unless they are absent for a longer period of time with an unknown whereabouts or are permanently incapable of judgment. The natural parents may give their consent at the earliest six weeks after the birth of the child. They can still withdraw their consent in the following six weeks.
Note: In the case of an adoption, the adopted child is given the legal status of a child of the adopting persons and the previous child relationship is terminated. In principle, an adoption cannot be revoked.
If the child comes of age after the adoption application has been submitted, the provisions on the adoption of minors remain applicable if the requirements were previously met (Art. 268 para. 4 ZGB). If the adopter (or adoptive parent) dies after submitting the adoption application or if the adopter becomes incapable of judgment after submitting the application, neither death nor incapacity prevents the adoption if the requirements are otherwise met (Art. 268 para. 3 ZGB). With the entry into force of the revised adoption law on January 1, 2018, the revised adoption law will be applied to adoption proceedings pending at the time of entry into force.
Whether it’s an intra-family adoption, an adoption by a married couple or a stepchild adoption, English-Speaking-Lawyers can help you understand the process and ensure that it runs smoothly and effectively. The experienced Swiss attorneys can also assist you in preparing and filing petitions and documents, conducting necessary investigations and procedures, and representing you in court or before other state authorities.
Advice and support in selecting the adoption process Preparation and submission of applications and documents
Representation in court or before other authorities Review and preparation of adoption contracts Assistance in resolving conflicts and problems Advice on issues relating to the adoption process Support in determining the adoption budget Assistance with the aftercare of adopted children and their families Support with an international adoption
