Adoption Ordinance (AdoptO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 4 Authorisation
Any person who is habitually resident in Switzerland and who wishes a child to be placed with him or her for adoption or who wishes to adopt a child from abroad requires authorisation from the cantonal authority.
Art. 5 Suitability for adoption
1 The cantonal authority establishes whether the future adoptive parents are suitable with regard to the best interests and needs of the child to be placed. 2 A person is suitable if: a. the entire circumstances, and in particular the motives of the future adoptive parents, lead to the expectation that the adoption will be in the best interests of the child; b. the best interests of other children of the future adoptive parents are not put at risk; c. there are no legal obstacles to the adoption; d. the future adoptive parents: 1. offer a guarantee in terms of their personality, health, available time, financial circumstances and educational suitability as well as their living conditions for the good care, upbringing and education of the child, 2. are prepared to accept the child as he or she is, to respect his or her origins, and to familiarise the child in a suitable way according to his or her needs with the country where he or she was habitually resident before placement (country o
Para. 6 — Amended by Annex 10 No II 8 of the Criminal Records Register Ordinance of 19 Oct. 2022, in force since 23 Jan. 2023 (AS 2022 698).
Art. 6 Certificate of suitability
1 If the requirements of Article 5 are fulfilled, the cantonal authority certifies suitability for adoption in a ruling. 2 The 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. 3 It remains valid for a maximum of 3 years and may be made subject to requirements and conditions. It may be renewed.
Art. 7 Authorisation
1 If the requirements of Article 5 are fulfilled, authorisation may be granted for the placement of a specific child provided the following documents are submitted: a. the certificate of suitability of the future adoptive parents; b. a medical report on the child's health as well as a report on child's life story to date; c. the child's consent insofar as it may be expected due to his or her age and abilities; d. the consent of the child's parents to adoption or a declaration from the competent authority in the child's country of origin that such consent has been validly given or an explanation as to why it cannot be given; e. a declaration under the law of the child's country of origin from the competent authority that the child may be placed with future adoptive parents in Switzerland. 2 The cantonal authority may request further documents. 3 If the documents are not written in an official Swiss language, a translation may be requested or arranged. 4 The authorisation contains in par
Art. 8 Cantonal migration authority
1 The cantonal authority submits the certificate of suitability or the authorisation to place a foreign child to the cantonal migration authority. 2 The 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. 3 The 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
1 The 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. 2 They must notify the cantonal authority within ten days of the child's entry. 3 The cantonal authority informs the child protection authority with a view to appointing a welfare advocate (Art. 17 HCAA) or a guardian (Art. 18 HCAA) and if applicable the cantonal migration authority.
Para. 3 — Until 31.12.2012 "guardianship authority".
Art. 10 Supervision
1 The 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. 2 If 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. 3 If 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. 4 If 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
1 Where 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. 2 If 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 Code.
Para. 2 — SR 311.0