General Provisions (1 - 3)
Placing Children for Adoption (4 - 11)
Adoption Mediation (12 - 23)
Fees for International Adoptions (24 - 27)
Final Provisions (28 - 29)
The Swiss Federal Council, on the basis of Articles 269c paragraph 3 and 316 paragraph 2 of the Civil Code 1 and Articles 15 paragraph 3 and 26 of the Federal Act of 22 June 20012 on the Hague Convention on Adoption and on Measures to Protect Children in International Adoption Cases (HCAA), ordains: |
Section 1: General Provisions |
Art. 1 Subject matter and scope of application
1This Ordinance regulates:
2The provisions of federal law and cantonal law on child protection are reserved. |
Art. 2 Competent authorities
1The Federal Office of Justice (FOJ) is responsible for:
2The cantonal authority under Article 316 paragraph 1bis of the Civil Code (cantonal authority) is responsible for:
3The canton may delegate its responsibilities under paragraph 2 to another canton or an intercantonal authority. |
Section 2: Placing Children for Adoption |
Art. 5 Suitability for adoption
1The cantonal authority establishes whether the future adoptive parents are suitable with regard to the best interests and needs of the child to be placed. 2A person is suitable if:
3Stricter requirements must be imposed on the suitability of the future adoptive parents when placing a child over 4 years of age or a child with health issues or of two or more children are placed at the same time or there are already two or more children in the family. 4Parents may not be deemed suitable if the age difference between the child to be placed and the future adoptive parents amounts to more than 45 years. By way of exception, the parents may nevertheless be deemed suitable, particularly if an intimate relationship already exists between the future adoptive parents and the child to be placed. 5The cantonal authority appoints a person to assess the case who is professionally qualified in social work or psychology and who has professional experience in child protection or adoption matters. 6In order to confirm compliance with paragraph 2 letter d number 3, the cantonal authority requests an extract from the register of criminal convictions information system (VOSTRA). In the case of foreign nationals, it requests an extract from the register of criminal convictions in their country of origin or an equivalent document. If criminal proceedings are pending in connection with an offence which is incompatible with adoption, the cantonal authority suspends the assessment of suitability until the criminal proceedings have been finally concluded. |
Art. 6 Certificate of suitability
1If the requirements of Article 5 are fulfilled, the cantonal authority certifies suitability for adoption in a ruling. 2The certificate in particular specifies the country of origin and the minimum and maximum age of the child to be placed. It states whether children with health issues may be placed. 3It remains valid for a maximum of 3 years and may be made subject to requirements and conditions. It may be renewed. |
Art. 7 Authorisation
1If the requirements of Article 5 are fulfilled, authorisation may be granted for the placement of a specific child provided the following documents are submitted:
2The cantonal authority may request further documents. 3If the documents are not written in an official Swiss language, a translation may be requested or arranged. 4The authorisation contains in particular details of the name and the date and place of birth of the child. It may be made subject to requirements and conditions. 5In the case of international adoptions, the cantonal authority decides before the entry of the child whether authorisation is to be granted. In justified exceptional cases, it may agree to entry before it decides on whether to grant authorisation, in particular if it is impossible or unreasonable to meet the demand that the documents under paragraph 1 letters b-e be submitted before entry. 6In the case of children born in Switzerland the cantonal authority decides before placement on whether to grant authorisation. |
Art. 8 Cantonal migration authority
1The cantonal authority submits the certificate of suitability or the authorisation to place a foreign child to the cantonal migration authority. 2The cantonal migration authority decides whether to authorise the issue of a visa or to guarantee a residence permit for the child. It notifies the cantonal authority of its decision. 3The cantonal migration authority or, with its consent, the Swiss representation in the child's country of origin may issue the visa or the residence permit only if the documents under Article 7 paragraph 1 letters b-e have been submitted and the cantonal authority has granted authorisation or by way of exception, has agreed to entry before making a decision on authorisation. |
Art. 9 Obligation to notify
1The future adoptive parents must immediately notify the cantonal authority of any substantial changes in conditions, in particular relationship or household or of any change of address. 2They must notify the cantonal authority within ten days of the child's entry. 3The cantonal authority informs the child protection authority1 with a view to appointing a welfare advocate (Art. 17 HCAA) or a guardian (Art. 18 HCAA) and if applicable the cantonal migration authority. 1 Until 31.12.2012 "guardianship authority" |
Art. 10 Supervision
1The cantonal authority satisfies itself that the authorisation requirements are being met. It appoints a suitable person to visit the future adoptive family as often as necessary, but at least twice a year. This person assesses how the child is being cared for and submits a report to the cantonal authority. 2If shortcomings are identified, the cantonal authority requests the future adoptive parents to take immediate measures to remedy these, and to report back to it on the implementation of the measures. 3If the authorisation requirements are not met, the cantonal authority revokes the authorisation or the certificate of suitability where these exist. It notifies the competent child protection authority and, if necessary, the cantonal migration authority. 4If the child is in Switzerland, the cantonal authority arranges new accommodation for the child or requests the competent child protection authority to do so. |
Art. 11 Sanctions
1Where a person breaches obligations arising from this Section or a ruling issued on the basis thereof, the cantonal authority may impose a disciplinary fine not exceeding 2000 francs. 2If a disciplinary fine is imposed, the cantonal authority may in cases of wilful repetition give notice that a penalty may be imposed for contempt of official orders under Article 292 of the Criminal Code1. |
Section 3: Adoption Mediation |
Art. 12 Accreditation obligation
1Any person who wishes to offer services in Switzerland in matching children released for adoption and future adoptive parents, and in particular any person who wishes to advise on the possibility of adopting a minor child (an adoption agency), requires accreditation from the FOJ. 2Public legal entities and charitable private legal entities may be granted accreditation provided the natural persons that are responsible on their behalf for adoption mediation meet the accreditation requirements. |
Art. 13 Accreditation requirements
1Any person who applies for accreditation as an adoption agency must:
2Private legal entities must also submit their articles of incorporation and disclose the identity of the members of their management bodies. 3The FOJ may require additional information to be provided. |
Art. 16 Proposing a child for adoption
The adoption agency may propose a specific child to the future adoptive parents only if the requirements for the placement of the child are fulfilled. In particular, a certificate of suitability must be issued and the cantonal authority must be informed. |
Art. 17 Information and advice
1The adoption agency must pass on to the future adoptive parents and the cantonal authority all information in its possession on the child and his or her biological parents. 2It must advise the future adoptive parents of any difficulties that the intended placement of a child may entail. |
Art. 19 Case management
1The adoption agency must keep a separate case file for every adoptive child. 2On request, it must hand over such files to the cantonal authority or to the FOJ. 3It must store the files safely and on conclusion of its activities at the latest hand them over for safekeeping to the cantonal authority competent at the time of adoption. |
Art. 20 Reporting and obligation to provide information
The adoption agency must submit a report to the FOJ annually on its activities and provide the FOJ and the cantonal authority with information on request. The FOJ may issue guidelines on the content and form of the annual report. |
Art. 23 Sanctions
1The FOJ revokes accreditation if the adoption agency:
2It may impose a disciplinary fine not exceeding 5000 francs on any person who carries out mediation activities without accreditation. |
Section 4: Fees for International Adoptions |
Art. 25 Obligation to pay fees
The following services provided by the FOJ are subject to a fee:
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Art. 26 Calculation of the fee
1The fee for services under Article 25 letters a and b is based on the time worked and, inclusive of outlays, amounts to between 200 and 1000 francs. 2The fee for issuing an entry document under Article 10 HCAA is governed by the Ordinance of 29 November 20061 on the Fees charged by Swiss Diplomatic and Consular Representations. |
Section 5: Final Provisions |
Annex |
Repeal and amendment of current legislation |