Difference between revisions of "How to Adopt from Switzerland"

Latest revision as of 05:53, 2 April 2015

The Matterhorn seen seen from the Domhütte (Valais)
Source: Wikipedia.org.

Adoption Authority

The Government office responsible for adoptions in Switzerland is the Municipality (Gemeinde/Commune/Comuni) and/or the local Guardianship Board. The physical location of a prospective adopter directly affects which local governing authority will process their application. Each of the 26 Cantons in Switzerland now has a Central Authority. In order to determine which authority is most relevant, the prospective adopting parents or individual should contact the Cantonal Central Authority (CCA). A list of approved agencies is available from the Embassy or on the Internet at www.bj.admin.ch.

The Process

As Switzerland is party to the Hague Adoption Convention, Switzerland must follow a specific process designed to meet the Convention's requirements. A brief summary of the Convention adoption process is given below. The requirements outlined in the Treaty must be followed to successfully prosecute an adoption from within Switzerland.

NOTE: The information provided is intended primarily to assist in rare adoption cases from Switzerland, including adoptions of Swiss children by relatives in the United States, as well as adoptions from third countries by Americans living in Switzerland.

Choose an Accredited Adoption Service Provider
Apply to be found eligible to adopt
Be matched with a child
Apply for the child to be found eligible for Immigration to the United States
Adopt the child in Switzerland
Bring your child Home

1. Choose an Accredited Adoption Service Provider:

The first step in adopting a child from Switzerland is to select an accredited adoption service provider in the United States. Only these agencies and attorneys can provide adoption services between the United States and Switzerland. Learn more.

2. Apply to be Found Eligible to Adopt:

After you choose an accredited adoption service provider, a potential adopter must be found eligible to adopt (Form I-600A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Eligibility Requirements.

Once the U.S. government determines that a couple or individual is "eligible" and "suitable" to adopt, the applicant or accredited adoption agency must forward your information to the adoption authority in Switzerland. Switzerland's adoption authority will review the application to determine if the prospective adopters are eligible to adopt under Swiss law.

3. Be Matched with a Child:

If determination of eligibility are issued by both governments to adopt, and a child is available for intercountry adoption, the central adoption authority in Switzerland may provide you with a referral for a child. Each family must decide for itself whether or not it will be able to meet the needs of the particular child and provide a permanent family placement for the referred child.

4. Apply for the Child to be Found Eligible for Adoption:

After the applicant accepts a match with a child, you will apply to the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval to adopt that particular child (Form I-800). USCIS will determine whether the child is eligible under U.S. law to be adopted and enter the United States.

After this, the adoption service provider or the applicant must submit a visa application to a Consular Officer at the U.S. Embassy. The Consular Officer will review the child's information and evaluate the child for possible visa ineligibilities. If the Consular Office determines that the child appears eligible to immigrate to the United States, he/she will notify Switzerland's adoption authority (Article 5 letter). For Convention Country adoptions, prospective adoptive parent(s) may not proceed with the adoption or obtain custody for the purpose of adoption until this takes place.

Remember: The Consular Officer will make a final decision about the immigrant visa later in the adoption process.

5. Adopt the Child (or Gain Legal Custody) in Switzerland:

Remember: Before the applicants adopt (or gain legal custody of) a child in Switzerland, they must have completed the above four steps. Only after completing these steps can you proceed to finalize the adoption or grant of custody for the purposes of adoption in Switzerland.

The process for finalizing the adoption (or gaining legal custody) in Switzerland generally includes the following:

ROLE OF THE ADOPTION AUTHORITY, AND ADOPTION APPLICATION: These roles are set up as follows:

1. Prospective adoptive parents go to the Cantonal Authority to begin the adoption procedure, and;

2. 2. Attend a session on adoption protocol, organized by the Cantonal Central Authority (CCA). The concept of the adoption procedure in general is to convey to the prospective adoptive parents the intricacy involved in an adoption procedure. Information is given on the various countries of origin of the child or children legal formalities (in Switzerland), costs involved, home study information, and a chance for the prospective adoptive parents to ask questions about the adoption procedure.

3. Thereafter, if the adoptive parents still wish to adopt a child, they must submit a formal application to the Cantonal Central Authority. If the application is accepted by the CCA, the Cantonal Authority will issue a formal decision that the adoption procedure may go ahead.

DOCUMENTS REQUIRED FOR ADOPTION IN SWITZERLAND: Documents include the following:

1. Home Study Report carried out by a social worker, in accordance with the CCA;

2. Certificate that the applicants are qualified to adopt and that the child to be adopted is permitted to enter Switzerland (i.e., the adoption has to be authorized by the Canton);

3. Salary statement, proving a regular income;

4. Tax report;

5. Criminal record;

6. Marriage certificate (for a couple). If an American citizen living in Switzerland is attempting to adopt a child from a third country, the documentary requirements of the child's country of origin have to be taken into consideration, possibly including psychological analysis, a medical report that may need to include certain tests such as HIV, sterility tests, and any other medical tests required by the country of origin. NOTE: Additional documents may be requested. You may be asked to provide proof that a document from the United States is authentic. Read more on Traveling Abroad to learn about Authenticating U.S. Documents.

ROLE OF THE COURT: The Court does not have any competence over adoption procedures. The only role a Court may play would occur if the prospective adoptive parents have been turned down by the Cantonal Central Authority and have not been granted the necessary permission to adopt a child. If the prospective parents do not accept the decision of the Cantonal Central Authority they have the right under Swiss law to appeal the decision in Court.

ROLE OF ADOPTION AGENCIES: All adoption agencies have to be fully accredited by the Federal Central Authority. The duties of the adoption agencies are strictly regulated by Swiss law. The adoption agencies are responsible for handling paperwork and assisting the prospective adoptive parents with the formalities of the adoption procedure.

"""TIME FRAME: Adoption procedures take a minimum of two months to complete. Prospective adoptive parents are expected to remain in Switzerland the entire time. In Switzerland, a social inquiry can take up to two years to complete, although two years is generally the maximum amount of time required. In the case of an intercountry adoption by Americans from a third country, the time frame depends very much upon the country of origin of the adoptive child.

ADOPTION FEES: Fees vary from Canton to Canton. One can expect to pay an average of 1,000-2,500 Swiss Francs (or approximately USD 830-2,060 according to the exchange rate). There are also private agency fees to be taken into consideration.

6. Bring Your Child Home

Once an adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home. Specifically, an applicant has to apply for three documents for the child before he or she can travel to the United States:

1. Birth Certificate

If the adoption took place in the U.S. or in a country that is a party to the Hague Adoption Convention, the adoptive parents will receive a "Certificate of Conformity of Intercountry Adoption - According to Art. 23 of the Hague Convention of 29 July 1993. The Registry office (Zivilstandsamt/Service de l'etat civil/Servizio dello stato civile ) of the municipality where the parents and adoptive child are registered is the authority responsible for the issuance of the Swiss birth certificate.

An adoption from a non-Hague country is more complicated. The adoptive parents will have a waiting period of one year as the child will have entered Switzerland as a foster child with a passport and the original papers from the country of origin. After one year the adoption procedure can be processed and finalized under Swiss law.

It is advisable to communicate with the Swiss Registry office to seek advice.

2. Swiss Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from Switzerland.

The first step is to go to the population office in the municipality where one resides and is registered. In Switzerland everyone is registered at the population office in the municipality where they live. Swiss law stipulates that anyone who wishes to obtain an identity document must appear in person (including children and infants) at the commune of residence/population office in Switzerland. It would be advisable to contact this office first to ascertain which documents must be presented. The second step is for parents or the individual to go with the adoptive child to the Cantonal passport office. There is a passport office in each of the 26 Cantons of Switzerland. After January 1, 2003 only new passports will be issued. Each applicant will receive his or her own travel document. Children can no longer be included in the parents' passports. There is a link of all the coordinates of the passport offices which can be found on the following website: www.schweizerpass.admin.ch

After you obtain the new birth certificate and passport for your child, you also need to apply for a U.S. visa from the United States Embassy for your child. After the adoption (or custody for purpose of adoption) is granted, visit the U.S. Embassy for final review and approval of the child's I-600 petition and to obtain a visa for the child. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the "Panel Physician's" medical report on the child if it was not provided during the provisional approval stage.

To learn more about the Child Citizenship Act please read The Child Citizenship Act of 2000.

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