Facilitated adoption in Switzerland for children born by ART or surrogacy?
Under Swiss law, since 1 January 2018, a person can adopt the child of their spouse, registered partner, or the person with whom they share a household, provided that the couple has lived together for at least three years if not married or in a registered partnership (Art. 264c CC).
There are other conditions, including the requirement applicable to all cases of an adoption of a minor, whereby the intended parent must have cared for and educated the child for at least one year (Art. 264 para. 1 CC).
In practice, this type of adoption is mainly used by couples who have resorted to medically assisted procreation that is legally permitted abroad, including surrogacy.
The current solution, which requires the intended parent to have provided one year of care for the child, creates legal uncertainty for the child. Indeed, in cases involving a joint parental project, the child will have only one legal parent in Switzerland for at least a year, whereas in reality, there are two parents.
On 12 September 2025, the Swiss Federal Council proposed an amendment to remove the one-year care and education requirement, in order to allow for the rapid establishment of parentage between both parents involved in a joint parental project.
This adoption would still apply to married couples, those in a registered partnership, or those living in a common household. Additionally, these couples would need to have lived together for at least three years and be cohabiting at the time of adoption.
The Swiss Federal Council has submitted its proposal to the National Council. If it is adopted by Parliament and no referendum is filed within the prescribed period, the amendment will enter into force.
For more information, please contact Michael Wells-Greco, Catherine Merkt or Joanna Metaxas.
Press release (not available in English) L’adoption de l’enfant du conjoint ou du partenaire sera simplifiée
