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).
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)).
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.
You will find some very useful information on the subject of international adoption on the webpage of the Federal Office of Justice.
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.
Registration of adoption
The following documents need to be submitted to register the adoption in the civil status registry in Switzerland:
- Original Certificate of Adoption issued by RITA less than 6 months before, stamped by the Ministry of Foreign Affairs in Dar es Salaam
- Copy of the Ruling document
- Copy of the Adoption Order or Drawn Order
- Copy of the social investigation report
- Copy of the birth certificate before the adoption
- Copy of the Declaration from the adoptive parent(s) that supports the petition to adopt the child
- Copy of Consent to the adoption order of the biological parent (if applicable)
- Original Affidavit of residence confirmation of the parents issued by the District Resident Magistrate, stamped by the Ministry of Foreign Affairs in Dar es Salaam
- Original birth certificate of the foreign parent issued by RITA less than 6 months before, stamped by the Ministry of Foreign Affairs in Dar es Salaam (if the foreign parent is not registered in the civil status registry in Switzerland)
- Copy of the passport of the child as well as the adoptive parents
Parties involved need to make copies for their records of all the original adoption documents before submitting them to RITA and for the purpose of presenting it when other competent authorities require.
A probationary period often applies to foreign couples who wish to adopt a Tanzanian child, therefore they must live in Tanzania at least 2 years after the application of the adoption order.
Ordinance on Civil Status (CivStO; SR 211.112.2) (de, fr, it, rm)