Rs 211.221.36 Order Of June 29, 2011 On Adoption (Oado)

Original Language Title: RS 211.221.36 Ordonnance du 29 juin 2011 sur l’adoption (OAdo)

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211.221.36 order on adoption (OAdo) of June 29, 2011 (Status January 1, 2012) the Swiss federal Council, view the art. 269c, al. 3, and 316, al. 2, of the civil code (CC), view the art. 15, al. 3, and 26 of the Federal law of 22 June 2001 the Hague adoption Convention and the measures of protection of children in cases of international adoption (LF-CLaH), stop: Section 1 provisions general art. 1 scope and field of application this rule order: a. the procedure for placement of children for adoption; b. the authorization of the activity of intermediary adoption (intermediate) and monitoring this activity; c. the fees by the Confederation in cases of international adoption.

The provisions of federal and cantonal provisions on the protection of the child are reserved.

Art. 2 the federal Office of justice (FOJ) competent authorities: a. fulfills the tasks referred to in art. 2 LF-CLaH as a federal Central Authority; (b) authorizes the activity of intermediary and watching her; c. shall issue instructions to protect children and prevent abuses in the field of international adoption and intermediary activity d. shall issue instructions or recommendations to coordinate adoption; e. represents the Switzerland to the authorities for foreign adoption and promotes collaboration with those authorities; f. advises and informs the cantonal authorities , including on the procedures applicable in States of origin.

The cantonal authority referred to in art. 316, al. 1, CC (cantonal authorities): a. fulfills the tasks referred to in art. 3 LF-CLaH as central authority cantonal; b. leads the licensing procedure of children for adoption; c. provide follow-up and monitoring of the care of the child until the adoption; d. conducts audits and issues positions for the FOJ including for licensing of intermediaries (art. 12), provides statistical data and information on the costs of the procedure for the adoption.

The canton may delegate the powers referred to in para. 2 to another canton or an intercantonal authority.

Art. 3 child adoption and children for adoption cannot take place unless all the circumstances suggests that they will serve the good of the child.

Section 2 children for adoption art. 4 approval plan anyone who ordinarily resides in Switzerland and wants to host a child for adoption or adopt a child from abroad must obtain authorisation from the cantonal authority.

Art. 5 ability the cantonal authority examines the ability of the prospective adoptive parents in view of the good of the child they wish to welcome and to its needs.
Fitness conditions are met: a. If the totality of the circumstances and in particular the motivations of the adoptive parents suggest that adoption will serve the good of the child; (b) if the well-being of the other children in the family is not threatened; c. If there is no legal impediment to the adoption; d. If the adoptive parents: 1. by their personal qualities their State of health, the time available to them, their financial situation, their educational skills and their housing conditions, offer any guarantee that the child will benefit from care, education and adequate training, 2. are willing to accept the child with its peculiarities, to respect its origin and to teach him to know, in a suitable form and given its needs, the country where he had his habitual residence before his placement (State of origin), 3. were not convicted for an offence that is incompatible with the adoption, 4. have been sufficiently prepared for adoption and, notably, participated in preparation or appropriate information sessions recommended by the cantonal authority, 5. committed themselves in writing to participate in the development of follow-up reports to be provided to the State of origin, 6. took note of their maintenance obligation under the terms of art. 20 LF-CLaH.

The ability of the prospective adoptive parents is subject to higher requirements when they want to foster a child over four years or reached in his health or several children both or several children already live in the family.
The adoptive parents cannot be declared fit if the age difference between them and the child they wish to host more than 45 years. However, they can be exceptionally, especially if they have already established close ties with the child.
The cantonal authority associated with the review a social worker or a qualified psychologist justifying professional experience in the field of the protection of the child or adoption.
To check that the adoptive parents meet the condition provided for in para. 2, let. d, c. 3, the cantonal authority request an extract from the judicial record computerized (VOSTRA). Foreign applicants must present an extract from the judicial record of their State of origin or an equivalent document. If a criminal procedure aimed an inconsistent offense with adoption is ongoing, the cantonal authority suspended examination of the ability until the final closure of the proceedings.

Art. 6 approval the cantonal authority certifies by decision ability of the applicants when the conditions referred to in art. 5 are met.
The approval indicates in particular the State of origin of the child, minimum age and maximum age. He says if the applicants can accommodate children with their health.
It is valid within three years and can be matched loads and conditions. It may be renewed.

Art. 7 leave the cantonal authority may grant permission to host a child defined when the conditions referred to in art. 5 are met and that the applicants filed the following documents: a. approval; b. a report on the health of the child and report on his background; c. proof of the consent of the child when his age and ability allow; d. proof of the consent of parents to the adoption or a statement of the competent authority of the State of origin of the child indicating that this consent was legally given or for what reasons it cannot be given; (e) the statement of the competent authority of the State of origin of the child certifying that it can be entrusted to prospective adoptive parents in Switzerland.

It may require additional documents.
It may require the translation of the documents presented or mandate someone to do if they are not written in one of the official languages of the Switzerland.
The authorization includes the child's name and its date and place of birth. It may include charges and conditions.
In cases of international adoption, the cantonal authority decides the granting of authorization before the entry of the child in Switzerland. Exceptionally, in duly motivated cases, it may approve the entry of the child in Switzerland before deciding the granting of approval, particularly if applicants cannot gather the documents referred to in the al. 1, let. b to e, before the entry into Switzerland or if it is not reasonable to demand that they do so.
For children born in Switzerland, the cantonal authority decides the granting of approval until they are welcomed.

Art. 8 cantonal migration service cantonal authority transmits to the cantonal migration approval or permission to accept a child of foreign nationality.
The cantonal migration service decided to grant a visa or permission to stay in the child insurance. It shall communicate its decision to the cantonal authority.
The cantonal migration service agrees, the Swiss representation in the State of origin of the child, may grant the visa or permission to stay once the cantonal authority has the documents referred to in art. 7, al. 1, let. b to e, and that it has granted his authorization or, exceptionally, she approved the entry of the child in Switzerland before deciding on the grant of leave.

Art. 9 obligations to inform the prospective adoptive parents shall communicate without delay to the cantonal authority any changes of key facts, including any change within their community lifestyle or housing and any change of domicile.
They are required to notify the cantonal authority within ten days after the entry of the child in Switzerland.
The cantonal authority transmits information to the authority for the protection of the child for the appointment of a guardian (art. 17 LF-CLaH or of a guardian (art. 18 LF-CLaH)) and, if necessary, to the cantonal migration service.

until 31.12.2012 'tutelary authority' art. 10 monitoring the cantonal authority ensures compliance with licensing requirements. It means someone appropriate, who made the home of the prospective adoptive parents of too frequent visits as needed, but at least twice a year. This person is an opinion on the conditions of the child support, and reports on the visits for the cantonal authority.
If it finds shortcomings, the cantonal authority directs the adoptive parents to take without delay the measures necessary to remedy and to establish a report on the implementation of these in its intention.

If the conditions of approval are not met, the cantonal authority removes it or withdraw accreditation, if only it has been granted. She informs the competent child protection authority and if necessary, the cantonal migration service.
If the child is in Switzerland, the cantonal authority placed elsewhere or ask the competent child protection authority to do so.

Art. 11 sanctions anyone who violates the obligations of this section or a decision taken by virtue of this section may be imposed a fine of 2,000 francs at most by the cantonal authority.
If it imposed a fine of order, the cantonal authority may, if the recurrence author intentionally, threaten this last sentence for insubordination to a decision of the authority within the meaning of art. 292 of the penal code.

RS 311.0 Section 3 Art. intermediary activity 12 plan approval, anyone who wants to offer in Switzerland of intermediation services between declared adoptable children and prospective adoptive parents, especially anyone who wants to point out that there are opportunities to adopt a minor child must obtain authorisation from the FOJ as intermediary.
Permission may be granted to legal persons of public law and of public utility corporations governed by private law if individuals responsible of intermediary activity meets the conditions of the authorization.

Art. 13 terms of authorization anyone who requires licensure intermediary activity must: a. be able to certify that it has relevant experience and professional skills in the field of social work, psychology or a related field; b. know and comply with Swiss law, international law and the right of the States of origin of children adoption; c. undertake to serve the good of the child and respect the rules of ethics in adoption; d. have knowledge in-depth social and cultural context of States of origin of children; e. ensure the transparency on its relationship with its representatives and the working methods used in the States of origin of children and in Switzerland; f. inform, advise, supervise and accompany applicants before and after the adoption; g. present rates of intermediation and payment in Switzerland and abroad; h. have his domicile in Switzerland.

If the applicant is a legal person in private law, he must join the application its statutes and its organization chart.
The FOJ may require additional information.

Art. 14 granted authorization to exercise the activity of intermediary is granted for five years at the most. It contains, in particular, the list of countries for which it was granted.

Art. 15 communication of critical changes intermediaries must immediately report any changes that may call into question the adequacy to the conditions of the authorization to the FOJ.

Art. 16 a child through proposal can offer a child to the adoptive parents only when the conditions exist for the latter. They must verify that the approval was granted and the cantonal authority was informed.

Art. 17 information and advice the intermediary provides the adoptive parents and the cantonal authorities all information it has about the child and his biological parents.
It informs the adoptive parents of the difficulties that may result from the reception of the child.

Art. 18 pay the intermediary is entitled to compensation for her work and expenses.

Art. 19 records the intermediary is a folder for each child placed it.
He sends records to the cantonal authority or the FOJ if they so request.
It keeps records and transmits them to archival purposes at the latest upon termination of its activity to the cantonal authority that was competent at the time of the adoption of the children concerned.

Art. 20 reports and obligation to provide information through establishes an annual report on its activity to the FOJ. It provides information to the FOJ and the cantonal authorities at their request. The FOJ may issue guidelines on the content and form of the annual report.

Art. 21 collaboration through collaborates with the relevant authorities in Switzerland and abroad.

Art. 22 obligation to keep secret the intermediary and his assistants must observe secrecy on the facts which they have knowledge in the exercise of their activity.
The obligation of secrecy remains after the cessation activity.

Art. 23 sanctions the FOJ withdraw the authorisation if the intermediary: a. no longer meets the conditions of its granting; b. contravenes seriously or repeatedly to its obligations.

It can impose a fine of 5,000 francs more than any person exercising the activity of intermediary without authorization.

Section 4 fees due for services in international adoption art. 24 application of the General Ordinance on fees the provisions of general order of 8 September 2004 on the emoluments are applicable insofar as this order does not provide for specific rules.

SR 172.041.1 art. 25 scheme the emoluments are subject to fee the following the FOJ: a. information transmission and receipt, control and transmission of communications, reports and decisions emanating from cantonal and foreign central authorities, other organs of the State or of intermediaries; (b) the implementation of all necessary measures to ensure the release of the child of the territory of his State of origin his entry into the host State and its sustainable stay, including accommodation, in that State; (c) the issuance of a document authorizing entry into Switzerland within the meaning of art. 10 LF-CLaH.

Art. 26 calculation of emoluments the emoluments due to the benefits referred to in art. 25, let. a and b, are set according to the time spent; they are located in a range from 200 to 1000 francs, including disbursements.
Fees due for the issuance of a document authorizing entry into Switzerland within the meaning of art. 10 LF-CLaH are governed by the Ordinance of 29 November 2006 on the fees to be charged by Swiss diplomatic and consular representations.

RS 191.11 art. 27 discount or reduction of fees on written request, the FOJ may deliver or reduce the fees referred to in art. 26, al. 1, especially if the taxable person is in need or for other important reasons.

Section 5 provisions final art. 28 repeal and amendment of existing law repeal and modification of existing law are resolved in the annex.

Art. 29 entry into force this order comes into force on January 1, 2012.

Annex (art. 28) repeal and amendment of the law in force I are repealed: 1. the order of 29 November 2002 on the fees for adoption international; 2. the order of 29 November 2002 on the activity of intermediary adoption.

II the following orders are changed as follows:...

[RO 2002 4158, 2006 3385]
[2002 4160 RO]
Mod. can be found at the RO 2011 3637.

Status as of January 1, 2012

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