Key Benefits:
22 June 2001 (State 1 Er January 2013)
The Swiss Federal Assembly,
Implementation of the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption of 29 May 1993 (Convention, CLaH) 1 , given art. 54, para. Constitution 1, 122 and 123 2 , given the message of the Federal Council of 19 May 1999 3 ,
Stops:
1 The federal central authority is the administrative authority designated by the Federal Council.
2 It has the following tasks:
1 The cantonal central authority is the authority designated under Art. 316, para. 1 Bis , of the Civil Code (CC) 1 (art. 6, CLaH).
2 Subject to Art. 2, it is competent to carry out the functions which the Convention confers on the central authorities, in particular to:
1 A person who wishes to adopt a child of a Contracting State must, where appropriate with the assistance of an intermediary, submit to the cantonal central authority a request for provisional authorisation for placement 1 .
2 The procedure is governed by the order of 19 October 1977 regulating the placement of children 2 .
1 Currently "an accreditation"
2 RS 211.222.338 . Currently " by the O of 29 June 2011 on adoption (OAdo; RS 211.221.36 ) ".
1 The cantonal central authority establishes a file on prospective adoptive parents. This shall include, inter alia:
2 When the case is prepared by an intermediary, the cantonal central authority shall examine whether it is complete and correct; if necessary, it shall complete it.
3 The federal central authority shall examine whether the file is complete and transmit the required documents to the central authority of the child's State of origin; if it finds deficiencies, it shall refer the case back to the cantonal central authority, which shall complete it.
1 Currently " approval (art. 6 OAdo) "
After receiving the report on the child and evidence that the required consents have been obtained (s. 16 CLaH), the cantonal central authority ensures that prospective adoptive parents agree to welcome the child (art. 17, let. A, CLaH). They must sign a declaration to that effect.
1 The cantonal central authority shall decide, in accordance with Art. 8 and 9, the continuation of the procedure (Art. 17, let. B and c, CLaH).
2 It addresses its decision, the declaration of the prospective adoptive parents (art. 6) and the translations required by the Federal Central Authority, which shall transmit them to the central authority of the child's State of origin.
3 The cantonal central authority informs the child protection authority 1 The domicile of the prospective adoptive parents.
1 New expression according to c. 7 of the Annex to the PMQ of Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ). This amendment has been taken into account throughout this text.
1 When the child is only to be adopted after placement in Switzerland, the procedure continues:
2 When the child is to be adopted in the State of origin, prior to travel, the procedure continues:
3 When the child is to be adopted in his or her State of origin, but after placement in Switzerland, para. 1 is applicable.
1 RS 211.222.338 . Currently " at OAdo (RS 211.221.36 ) ".
1 The cantonal central authority shall authorise the adoption in the State of origin of the following conditions:
2 Where the State of origin does not require that the adoption be preceded by a probationary period and there has not yet been any personal contact between the adoptive parents and the child, the cantonal central authority shall authorise the adoption only if the parents Adoptive parents first meet the child.
If the adoption in the State of origin confers Swiss nationality on the child, the Federal Central Authority shall establish a document authorizing it to enter Switzerland.
1 Adoptive parents must immediately announce the arrival of the child to the cantonal central authority.
2 The cantonal central authority shall inform the child protection authority, the federal central authority and, where appropriate, the police of aliens.
When the child has been adopted in Switzerland, the cantonal central authority shall draw up the adoption certificate (Art. 23, para. 1, CLaH).
1 When a child habitually resident in Switzerland is to be adopted abroad, the cantonal central authority shall carry out the investigation (Art. 4 and 16, CLaH).
2 It ensures that prospective adoptive parents accept the child (art. 17, let. A, CLaH).
3 It shall decide on the continuation of the procedure (Art. 17, let. B and c, CLaH).
At the request of the Federal Central Authority, the competent cantonal authorities shall inform it of the procedures to be carried out under the Convention.
1 The Federal Central Authority receives a fee for the care of the adoptive parents.
2 It may require a fee advance from adoptive parents.
3 The Federal Council fixes the tariff of emoluments.
2 The Federal Central Authority is entitled to use the channels of appeal of cantonal and federal law against the decisions of the cantonal central authorities.
1 Repealed by c. II. 9 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).
1 When the child has been adopted before travelling to Switzerland and if it is to be expected that adoption may be recognized, the child protection authority shall without delay appoint a curator.
2 The trustee assists adoptive parents with their advice and support in the care of the child. Where adoption in the State of origin has not had the effect of breaking the pre-existing link of filiation with biological parents, it helps adoptive parents who so wish to require adoption under Swiss law (Art. 27 CLaH).
3 The trustee shall draw up a report on the development of the adoption link for the child protection authority no later than one year after his appointment.
4 The curatelle shall terminate at the latest 18 months after the communication of the arrival of the child, or, in the absence of communication, after his or her institution. Measures to protect the child under s. 307 ff CC 1 Are reserved.
Where the child is adopted only after his or her travel to Switzerland or the adoption abroad cannot be recognised in Switzerland, the child protection authority shall appoint a guardian for the duration of the placement.
1 Where a child habitually resident abroad has been placed in Switzerland for adoption, without the conditions laid down in art. 17 of the Convention and Art. 8 of this Law or in the Ordinance of October 19, 1977 regulating the placement of children 1 Are not fulfilled, the cantonal supervisory authority on investment (art. 316, para. 1 Bis , CC 2 ) Place without delay in an appropriate foster family or in an institution. If the good of the child so requires, it can also leave it in the family that received it, waiting for a solution.
2 The action shall not have suspensory effect.
3 Where the property of the child so requires, the placement supervisory authority shall order its return to the State of origin. If the child remains in Switzerland, the child protection authority shall take steps to ensure the child's property.
1 RS 211.222.338 . Currently " in OAdo (RS 211.221.36 ) ".
2 RS 210
1 The person who, with or without the authorization of the competent authority, welcomes in Switzerland, for adoption, a child who is ordinarily resident abroad, must provide for his or her maintenance as if it were his own child. Art. 276 ss CC 1 Are applicable by analogy.
2 If, due to special circumstances, it appears inequitable to require the debtor to discharge its obligations, the judge may reduce or eliminate its maintenance obligation.
3 The maintenance obligation shall be extinguished as soon as the child has been adopted by third parties or returned to the State of origin.
The Confederation may grant financial aid to private institutions for:
1 A fine of up to 20,000 francs shall be imposed on any person in Switzerland for adoption: 1
2 Any person who does not observe the charges or conditions upon which the granting of authorisations by the competent cantonal authority under this Act or the order regulating the placement of children is subject to a fine shall be liable to a fine. 3
1 New content according to Art. 333 of the Penal Code, in the content of the PMQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
2 RS 211.222.338 . Currently " by the OAdo (RS 211.221.36 ) ".
3 New content according to Art. 333 of the Penal Code, in the content of the PMQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( 2006 3459; FF 1999 1787 ).
Every person who, by intentionally providing an unfair material gain or other benefit to biological parents or other holders of custody, an authority, or other holders of custody, is punished by deprivation of liberty for up to three years; To persons involved in the adoption procedure, obtain the child's consent for adoption. 1
1 New content according to Art. 333 of the Penal Code, in the content of the PMQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( 2006 3459; FF 1999 1787 ).
1 A person who, against the promise of an unfair material gain or other benefit, obtains a custodial sentence of up to three years or a pecuniary penalty shall be punished by deprivation of liberty for three years or a pecuniary penalty. Authority or persons involved in the adoption procedure, that a child habitually resident abroad is entrusted, for adoption, to a person habitually resident in Switzerland. 1
2 A person who acts by profession or as a member of a band or a criminal organization shall be punished with a custodial sentence of one to ten years and a pecuniary penalty. 2
1 New content according to Art. 333 of the Penal Code, in the content of the PMQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( 2006 3459; FF 1999 1787 ).
2 New content according to Art. 333 of the Penal Code, in the content of the PMQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( 2006 3459; FF 1999 1787 ).
The prosecution and judgment of the offences provided for in this Law shall be the responsibility of the cantons.
The Federal Council may issue implementing provisions.
1 This Law shall apply to all pending proceedings, unless a provisional investment authorization has been issued before the entry into force of the Convention.
2 Requests pending for such authorisation shall be forwarded to the cantonal central authority.
The following legislative acts are amended as follows:
... 1
1 Changes can be viewed in the RO 2002 3988 .