Acts prepared, issued or certified by an officer of the civil status of one of the Contracting States and bearing his seal shall not require any legalization in order to be used in the other State. In addition, the competence to issue certificates of marital capacity does not have to be certified by the consular authority.

(1) Where the birth of a national of one of the Contracting States is registered in the other State,

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The officer of the Swiss civil status ships an act of birth with an indication of the place and date of the marriage of the parents of the child or, if they are not married together, the place and date of birth of the mother;

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The German civil status officer shall send an act of birth with an indication of the place of origin of the parents of the child or, if it is a natural child, the place and date of birth of the mother and the place of origin of the mother.

(2) If a marginal mention is added to the registration of the birth,

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The officer of the Swiss civil status sends an act of birth to which he joins the communication of the marginal statement;

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The German civil status officer shall send a certified copy of the birth register bearing the marginal note.

The indications referred to in the first subparagraph shall be added.

(1) Where the marriage of a national of one of the Contracting States is recorded

In the other State,

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The officer of the Swiss civil status ships an act of marriage with the indication of the father and mother of the spouses and the place and date of birth of the German spouse;

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The German civil status officer ships an extract of the family book or an act of marriage with the father and mother of the spouses and the place of origin of the Swiss spouse.

(2) If a marginal mention is added to the entry in the register of marriages by the Swiss civil registry officer or if a statement concerning the spouses is entered in the family book or a marginal entry added to the registration of the Marriage by the German civil registry officer,

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The officer of the Swiss civil status shall send an act of marriage to which he joins the communication of the marginal statement;

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The German civil status officer shall send a certified copy of the family book or the register of marriages marked (or marginal).

The indications referred to in the first subparagraph shall be added. The officer of the German civil status shall not ship the act referred to in the first sentence if an act or a certified copy within the meaning of s. 4 must be shipped.

(1) Where the death of a national of one of the Contracting States is recorded in the other State,

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The officer of the Swiss civil status ships an act of death with an indication of the place and date of birth of the deceased and of his last residence in the Federal Republic of Germany; if the deceased was married, the place and date of the marriage shall also be Indicated;

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The German civil status officer sends an act of death with an indication of the place of origin of the deceased.

(2) If a marginal mention is added to the registration of the death,

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The officer of the Swiss civil status shall send an act of death to which he joins the communication of the marginal statement;

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The German civil status officer shall send a certified copy of the register of deaths bearing the marginal note.

The indications referred to in para. 1 will be added.

If the spouses whose marriage requires the shipment of an act of marriage, an extract from the family book or an act of marriage in accordance with art. 3, para. 1, have a common child,

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The officer of the Swiss civil status shall refer to the act of marriage with an indication of the names and names of the child and the place and date of his birth;

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The officer of the German civil status shall mention it on a leaflet attached to the extract of the family book or on the back of the act of marriage by providing the same indications as the officer of the Swiss civil status.

Acts of the civil status shall also be exchanged where a person has, in addition to the nationality of one of the Contracting States, the nationality of the other Contracting State or of a third State.

(1) The acts to be dispatched under the provisions of this Chapter shall be sent each month to the competent consular representation of the other Contracting State.

(2) The acts to be shipped under s. 2, para. 1, 3, para. 1, and 4, para. 1, will, if possible, be drawn up on plurilingual formulas.

(3) The additional information provided for in s. 2 and 4 shall be communicated only if they are known to the persons concerned or to the registrar.

(4) Civil service acts shall be exchanged free of charge.

(1) Where a national of one of the States party to this Agreement intends to enter into marriage in the other State, he may apply for the grant of a certificate of marital capacity to the civil status officer of the State of Place of celebration. The latter shall forward the application to the officer of the competent civil status of the State of origin and shall attach, in respect of each of the fiancés, the acts necessary for the issue of a certificate of marital capacity.

(2) Each Contracting State shall communicate to the other State

1.

The provisions governing the territorial jurisdiction of civil status officers for the issue of the certificate of marital capacity,

2.

The list of acts which, for each of the fiancés, must be attached to the application for the issue of a certificate of marital capacity,

3.

Any amendment to the provisions and list of acts referred to in c. 1 and 2.

(3) If one of the necessary acts cannot be produced, it may be replaced by a probative certificate. The competent authority of the Contracting State issuing the certificate of marital capacity shall decide freely on the probative strength of the certificate.

(1) The civil status officer of the State of origin shall send the certificate of marital capacity to the officer of the civil status of the State of the place of the solemnization of the marriage. The acts produced shall be returned at the same time; however, the request shall remain in the hands of the officer of the civil status of the State of origin.

(2) If the issuance of a certificate of marital capacity is impeded, it shall be reported to the officer in the civil status of the State in which the marriage is to be celebrated.

(1) An application for a certificate of marital capacity shall be made in three languages, the model of which shall be annexed to this Agreement.

(2) If an amendment of the legal provisions in force in one of the Contracting States requires an adaptation of the formula, it shall be done by an exchange of notes between the two States.

When a piece is written in French or Italian, a German translation, certified by the registrar or a supervisory authority, will be attached. In the case of civil status acts, instead of providing a translation, efforts will be made to establish them on plurilingual formulae.

(1) Certificates of marital capacity shall be issued free of charge.

(2) A civil status officer who receives and transmits an application in accordance with s. 8, para. 1, collects a fee identical to that which is required in the State of the solemnization of marriage for the issue of a certificate of marital capacity.

This Agreement is also valid for the "Land" of Berlin, unless the Government of the Federal Republic of Germany notifies a contrary statement to the Swiss Federal Council within three months of the entry into force of the Agreement.

(1) This Agreement shall be subject to ratification; the instruments of ratification shall be exchanged at the earliest possible date in Bonn.

(2) This Agreement shall enter into force on the first day of the third month following the exchange of instruments of ratification.

(3) On that date, the Agreement of 6 June 1956 ¹ Between the Swiss Confederation and the Federal Republic of Germany on the abolition of the legalisation and exchange of civil status acts, as well as on the issue of certificates of marital capacity, including the resulting amendments Exchanges of notes of 13 and 22 March 1957 and of 21 February, 8 August and 17 December 1958, are repealed.

This Agreement shall be concluded for a period of five years from the date of its entry into force. If it is not denounced six months before the expiry of the five-year period, it is renewed tacitly from year to year.

In witness whereof, The Plenipotentiaries of both Contracting States have signed this Agreement.

Done at Berne, November 4, 1985, in two originals.