Adoption

You have adopted a child abroad and would like to know the administrative procedures for entering this event in the Swiss civil status register (Infostar).

Online desk

International Adoption

Adoptions abroad are normally recognised in Switzerland when pronounced in the country of residence or citizenship of the adopter or adopting spouses (Federal Act on Private International Law (PIL SR 291)).

Federal Act on Private International Law (SR 291) (de, fr, it)

Numerous countries have signed the Hague Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption (HCA-93; SR 0.211.221.311). This Convention rules the cooperation between the relevant authorities of the country of origin of the child and of the receiving State.

Federal Office of Justice – The Hague Convention Intercountry Adoption (de, fr, it)

You will find some very useful information on the subject of international adoption on the webpage of the Federal Office of Justice.

Federal Office of Justice – International adoption

Documents required for registration in the Swiss civil status register

Adoptions carried out abroad within or outside the 1993 Hague Convention (HCA-93) are entered into the Swiss civil status register by decision of the competent cantonal civil status authority (Art. 32 IPLA and Art. 23 CivStO).

As a rule, the originals of the following adoption documents must be submitted to the Swiss representation with any necessary legalisations for forwarding to Switzerland:

  • birth certificate of the child before adoption
  • adoption decision mentioning the place where it was granted (if possible with a statement of enforceability)
  • birth certificate of the child after adoption
  • if applicable, certificate that the adoption was made in accordance with the provisions of the 1993 Hague Convention (HCA-93) within the meaning of Article 23 (“Certificate of Conformity of Intercountry Adoption”)

These documents are intended for the competent civil status authority and will not be returned.

Authorisation to enter Switzerland

The adopted child may require authorisation to enter Switzerland, for example because no Swiss passport can yet be issued to them as the adoption has not yet been entered in the Swiss civil status register; because they have become stateless (where the law of the child's country of origin provides for the loss of their original nationality following adoption); or because their original nationality is subject to an entry visa (where they still hold a valid foreign passport).

When full adoption of the child is granted to at least one Swiss parent in a contracting state of the HCA-93, in accordance with the procedure set out in the Convention, the central federal authority, i.e. the Federal Office of Justice, is the sole authority competent to give authorisation to issue a document allowing the child to enter Switzerland (Art. 10 HCAA).

As a rule, the cantonal migration authority is competent to decide on the granting of a visa or assurance of a residence permit to the child (Art. 8 AdO) in other situations.

Visa – Entry into and residence in Switzerland

Guidelines for foster care in India and its registration in Switzerland

The following documents need to be personally submitted by the adoptive parents at the Embassy of Switzerland, New Delhi or Consulate General of Switzerland, Mumbai

  • Original Birth Certificate/Confirmation of Birth or Birth Date Affidavit issued by the orphanage, must be apostilled by the Ministry of External Affairs*
  • Original Court order “Certificate for permission to adopt the minor under section 41(6) of the Juvenile Justice (Care and protection of children act)” approving the adoption of the child, must be apostilled by the Ministry of External Affairs*
  • Original “Certificate of conformity of Intercountry Adoption” issued by the Central Adoption Resource Agency (CARA)
  • True copy “Non Objection Certificate NOC” issued by the Central Adoption Resource Agency (CARA) (must be sent directly from CARA to the Embassy)
  • Other documents the competent Cantonal Office of Migration may request

*Apostille

Documents which pertain to the state of West Bengal can be legalised by the Home Ministry of West Bengal and thereafter by the Ministry of External Affairs, Branch Secretariat, Kolkata.

Documents issued in Delhi are to be legalised by the Sub-Divisional Magistrate and thereafter by the Ministry of External Affairs, New Delhi

Offices of the Ministry of External Affairs are also located in the State of Andra Pradesh in Hyderabad and in the State of Tamil Nadu in Chennai.

Issuance of Visa for Switzerland

Once the authorisation from the Migrationsamt in Switzerland has come through the visa will be issued the same day – pre-requisite that all the above mentioned documents have been duly verified. The visa will be issued free of charge.

Helpful links

Guidelines for Adoption in India and its registration in Switzerland

The following documents need to be submitted at the Embassy of Switzerland, New Delhi or Consulate General of Switzerland, Mumbai

  • Original Birth Certificate/Confirmation of Birth or Birth Date Affidavit issued by the orphanage, must be apostilled by the Ministry of External Affairs*
  • Original Court order “Certificate for permission to adopt the minor under section 41(6) of the Juvenile Justice (Care and protection of children act)” approving the adoption of the child, must be apostilled by the Ministry of External Affairs*
  • Original “Certificate of conformity of Intercountry Adoption” issued by the Central Adoption Resource Agency (CARA)
  • True copy “Non Objection Certificate NOC” issued by the Central Adoption Resource Agency (CARA) (must be sent directly from CARA to the Embassy)
  • Original Deed of adoption, must be apostilled by the Ministry of External Affairs*
  • Copies of the passport of the adoptive parents

*Apostille

Documents which pertain to the state of West Bengal can be legalised by the Home Ministry of West Bengal and thereafter by the Ministry of External Affairs, Branch Secretariat, Kolkata.

Documents issued in Delhi are to be legalised by the Sub-Divisional Magistrate and thereafter by the Ministry of External Affairs, New Delhi

Offices of the Ministry of External Affairs are also located in the State of Andra Pradesh in Hyderabad and in the State of Tamil Nadu in Chennai.

The competent Swiss representation will translate and legalize the documents and send them to the cantonal civil authority (Aufsichtsbehörde im Zivilstandswesen des Heimatkantons der Adoptiveltern) for registration in the family register of the place of origin.

Once the authorisation from the Federal Office of Justice in Switzerland has come through either a Laissez-passer or a visa will be issued the same day – pre-requisite that all the above mentioned documents have been duly verified.

Helpful links