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. 12 Accreditation obligation
1 Any 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. 2 Public 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
1 Any person who applies for accreditation as an adoption agency must: a. be able to prove that they have suitable experience of their activities and professional qualifications in social work, psychology or comparable specialist fields; b. be familiar with and comply with Swiss and international adoption law as well as the law of the countries of origin of the children; c. uphold the best interests of the child and comply with the basic ethical rules for the field of adoption; d. have detailed knowledge of the cultural and social conditions in the countries of origin of the children; e. disclose their relationships with its agents and their working methods in the children's countries of origin and in Switzerland; f. guarantee that adoptive parents are informed, advised, supervised and supported before and after the adoption; g. disclose the planned mediation fee and payment terms in Switzerland and abroad; h. be domiciled in Switzerland. 2 Private legal entities must also submit their
Art. 14 Granting accreditation
Accreditation to mediate in adoption cases is granted for a limited period of a maximum of 5 years. The accreditation document must in particular name the countries of origin for which accreditation has been granted.
Art. 15 Notification of substantial changes
Adoption agencies must notify the FOJ immediately of any changes that affect the accreditation requirements.
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
1 The 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. 2 It must advise the future adoptive parents of any difficulties that the intended placement of a child may entail.
Art. 18 Payment
The adoption agency has the right to appropriate remuneration for its activities and costs.
Art. 19 Case management
1 The adoption agency must keep a separate case file for every adoptive child. 2 On request, it must hand over such files to the cantonal authority or to the FOJ. 3 It 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. 21 Cooperation
The adoption agency must cooperate with the competent authorities in Switzerland and abroad.
Art. 22 Duty of confidentiality
1 The adoption agency and its auxiliary staff must treat as confidential any information that they obtain in the exercise of their activities. 2 The duty of confidentiality does not terminate on completion of their mediation activities.
Art. 23 Sanctions
1 The FOJ revokes accreditation if the adoption agency: a. no longer meets the requirements for granting accreditation; b. repeatedly or seriously breaches its obligations. 2 It may impose a disciplinary fine not exceeding 5000 francs on any person who carries out mediation activities without accreditation.