Adoption in Switzerland: Conditions and Procedure

Forms of Adoption (revised 2018)

Joint Adoption (art. 264a CC)

Reserved for married couples. Both spouses must be at least 28 years old. Since marriage for all (1 July 2022), same-sex married couples may adopt jointly.

Stepchild Adoption (art. 264c CC)

A spouse may adopt their spouse's child. Requires marriage for at least one year or cohabitation for at least three years. Adopter must be at least 28. Biological parents' consent required (art. 265a CC). Also available to unmarried partners after three years of cohabitation (art. 264c para. 2 CC).

Single-Parent Adoption (art. 264b CC)

An unmarried person may adopt alone if at least 28 years old.

Common Conditions

Age difference: at least 16 years between adopter and adoptee. Consent (art. 265 et seq. CC): biological parents' consent required, not earlier than six weeks after birth, irrevocable after six weeks (art. 265b CC). Consent may be dispensed if parent has seriously neglected the child (art. 265d CC). Prior placement: child must have lived with adopters for at least one year (art. 264 CC).

Procedure

Investigation by cantonal child protection services. Decision by competent cantonal authority (art. 268 CC). International adoption governed by the Hague Convention implementation act.

Effects

Adoption creates full filiation (art. 267 CC). The child acquires the status of a biological child. Ties with biological parents are severed (art. 267 para. 2 CC), except in stepchild adoption. In principle irrevocable (annulment possible in serious cases, art. 269 CC).