Federal Act on Private International Law (PILA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Parent-Child Relationship by Birth
I. Jurisdiction
1. In general
Art. 66
The Swiss courts at the child’s habitual residence or at either parent’s domicile have jurisdiction to hear an action to declare or contest a parent-child relationship.
2. Jurisdiction at the place of origin
Art. 67
If the parents are not domiciled in Switzerland and the child does not have his or her habitual residence there, the courts at the Swiss place of origin of either parent have jurisdiction to hear an action to declare or contest a parent-child relationship, provided the action cannot or cannot reasonably be expected to be brought at either parent’s domicile nor at the child’s habitual residence.
II. Applicable law
1. In general
Art. 68
1 The formation, declaration and contesting of a parent-child relationship are governed by the law of the state of the child’s habitual residence. 2 However, if neither parent is domiciled in the state of the child’s habitual residence and if the parents and the child are citizens of the same state, the law of that state applies.
2. Relevant time
Art. 69
1 For the determination of the law applicable to the formation, declaration or contesting of a parent-child relationship, the date of birth is decisive. 2 However, in case of a judicial declaration or contesting of a parent-child relationship, the date of the action is decisive if a preponderant interest of the child so requires.
III. Foreign decisions
Art. 70
Foreign decisions relating to the declaration or contesting of a parent-child relationship are recognised in Switzerland if they were rendered in the state of the child’s habitual residence or in the child’s state of citizenship, or in the state of domicile or the state of citizenship of the mother or the father.
Section 2 Acknowledgment
I. Jurisdiction
Art. 71
1 The Swiss authorities at the child’s place of birth or habitual residence, as well as those of the domicile or the place of origin of the mother or the father, have jurisdiction to receive the acknowledgment of a child. 2 When an acknowledgment takes place in judicial proceedings in which the parent-child relationship is legally relevant, the judge seized with the lawsuit may also receive the acknowledgment. 3 The courts that have jurisdiction to hear an action to declare or contest a parent-child relationship (Art. 66 and 67) also have jurisdiction to rule on a challenge of an acknowledgment.
II. Applicable law
Art. 72
1 An acknowledgment in Switzerland may be made in accordance with the law of the state of the child’s habitual residence, the law of the child’s state of citizenship, or the law of the domicile or of the state of citizenship of the mother or the father. The date of the acknowledgment is decisive. 2 The form of an acknowledgment in Switzerland is governed by Swiss law. 3 The challenge of an acknowledgment is governed by Swiss law.
III. Acknowledgment made or challenged abroad
Art. 73
1 The acknowledgment made abroad is recognised in Switzerland, if it is valid in the state of the child’s habitual residence, in the child’s state of citizenship, or in the state of domicile or the state of citizenship of the mother or the father. 2 Foreign decisions on the challenge of an acknowledgment are recognised in Switzerland if they were rendered in one of the states mentioned in paragraph 1.
IV. Legitimation
Art. 74
Article 73 applies by analogy to the recognition of a foreign legitimation.
Section 3 Adoption
I. Jurisdiction
1. In general
Art. 75
1 The Swiss judicial or administrative authorities at the domicile of the adopting person or adopting spouses have jurisdiction to pronounce the adoption. 2 Courts that have jurisdiction to hear actions to declare or contest a parent-child relationship (Art. 66 and 67) also have jurisdiction to decide on challenges of adoptions.
2. Jurisdiction at the place of origin
Art. 76
The Swiss judicial or administrative authorities at the place of origin have jurisdiction to pronounce an adoption, if the adopting person or adopting spouses are not domiciled in Switzerland and at least one of them is a Swiss citizen and if they cannot or cannot reasonably be expected to adopt at the place of their foreign domicile.
II. Applicable law
Art. 77
1 The requirements for an adoption in Switzerland are governed by Swiss law. 2 Where it appears that an adoption would not be recognised in the state of domicile or the state of citizenship of the adopting person or adopting spouses and that serious prejudice would result for the child, the authority shall also take account of the requirements under the law of the respective state. If, even then, recognition does not appear to be assured, the adoption shall not be pronounced. 3 An action to challenge an adoption pronounced in Switzerland is governed by Swiss law. An adoption pronounced abroad may be challenged in Switzerland only if a ground for challenge also exists under Swiss law.
III. Adoptions and similar institutions of foreign
Art. 78
1 Adoptions pronounced abroad are recognised in Switzerland if they were pronounced in the state of domicile or the state of citizenship of the adopting person or adopting spouses. 2 Adoptions and similar acts pronounced abroad that have effects substantially different from a parent-child relationship under Swiss law are recognised in Switzerland only with the effects that are attached to them in the state where they were pronounced.
Section 4 Effects of the Parent-Child Relationship
I. Jurisdiction
1. In general
Art. 79
1 Swiss courts at the child’s habitual residence or those of the domicile or, in the absence of a domicile, of the habitual residence of the respondent parent have jurisdiction to hear an action relating to the relations between parents and child, including an action relating to child support. 2 The provisions of this Act relating to the name (Art. 33, 37 to 40), the protection of minors (Art. 85) and succession (Art. 86 to 89) are reserved.
2. Jurisdiction at the place of origin
Art. 80
If neither the child nor the respondent parent has their domicile or habitual residence in Switzerland and one of them is a Swiss citizen, the courts at the place of origin have jurisdiction.
3. Third-party claims
Art. 81
The Swiss courts referred to in Articles 79 and 80 also have jurisdiction to hear: a. claims by authorities which have made advances for maintenance payments; b. claims of the mother for maintenance payments and reimbursement of expenses incurred in relation to the birth.
II. Applicable law
1. In general
Art. 82
1 The relations between parents and child are governed by the law of the state of the child’s habitual residence. 2 However, if neither parent is domiciled in the state of the child’s habitual residence and if the parents and the child are citizens of the same state, the law of that state applies. 3 The provisions of this Act relating to the name (Art. 33, 37 to 40), the protection of minors (Art. 85) and succession (Art. 90 to 95) are reserved.
2. Maintenance obligations
Art. 83
1 Maintenance obligations between parents and child are governed by the Hague Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations. 2 To the extent that the mother’s rights to maintenance and to reimbursement of expenses occasioned by the birth are not dealt with in the said Convention, its provisions apply by analogy.
Para. 1 — SR 0.211.213.01
III. Foreign decisions
Art. 84
1 Foreign decisions relating to the relations between parents and child are recognised in Switzerland if they were rendered in the state of the child’s habitual residence or in the state of domicile or habitual residence of the respondent parent. 2 The provisions of this Act relating to the name (Art. 39), the protection of minors (Art. 85) and succession (Art. 96) are reserved.