speak to someone at the Vice Consulate in Zurich....should be straightforwards to register a birth abroad.

British Embassy said the 'British Citizenship' of the child doesnt make a difference because he was born here.

Conclusion. I have to pay (but thats ok).

Hi MacG,

Just wanted to say don't feel as this was a stupid question. It's a very interesting one and deserves some attention.

I think you are perfectly within your rights to ask where the 500 francs is going - after all that could be 500 francs which is putting food in your baby's mouth and I certainly don't think you are being cheap to be a little bit upset about it. I agree with Richard - 500 francs is much cheaper than fighting for the rights to your own child later on. I was under the impression that the only recourse you had was to adopt the child, but after reading Richard's message it seems that this 500 franc procedure would save you the effort (perhaps the charge is priced compared to what you'd have to go through to adopt?)

As for not being married - there are some countries where de facto relationships are treated exactly the same as marriages, but unfortunately this is not one of them (and neither is the UK by the way). Don't let anybody tell you that you have somehow done the wrong thing by not being married - the fact is that there are serious financial implications in getting married in Switzerland, the most obvious being taxed on your combined income! I know many people who have chosen not get married for this very reason.

Sorry for not getting back sooner was out playing squash...

Okay then if I am reading between the lines correctly from what you have said then you already have registered your fathership to the child. What you are now being proposed is the Gemeinsame Elterliche Sorge - Art. 289a ZGB describes this. This extends the responsibilities fully to that of a married parent. In other words your relationship to your child would legally be the same as if you were married. The only additional benefit it brings is instantly the right to manage the financial affairs of the childs account, to represent the child, to teach the child(in the terms of how a father teaches a child right and wrong etc) and to bring up the child.

Through the Vaterschaftsanerkennung, a step it would appear you have taken, you have the right and obligation to care for the child and in many respects you are a normal parent. It is only the extension of the above mentioned rights that differ. An example of where this would be relevant is a document asking for you to sign as a parent that a child is allowed to partake in some event or make a legal step. Technically and legally you would not be permitted to sign that document without the sorge recht.

Lets then look at what it means in practice. If someone challenged your right to decide for a child they would win. If someone found out that you never had this right then steps you had taken previously would not be valid if they could be retrospectively reversed. And otherwise jack shit.

Why do I say jack shit - 'cos I like the expression! Lets look at the event of a happy family. The child would not be aware that you both had not signed this document (I mean you are hardly likely to waive it in his face every time you wanted to say something are you!!!) and would do as it is told to the extent a normal child does and normal authorities, banks etc would not be aware you never had the right. There are then two additional events you might be interested in.

Mothers death. If the mother was to die then you as the recognised biological father, through the Vaterschaftsanerkennung would be given the alleinige sorge recht by the court - a judgement would be made in your favour - this assumes you are together at the time of death.
If you are separated at the time of death then irrespective of whether you are or were married or not the court will consider the best interests of the child and award the care rights appropriately.

Separation. As Charles Dickens or better said Mr Bumble said, "the law is a ass ...". In this event if you are married or have joint care right (ie what is being proposed) the court will consider the best interests of the child and award the alleinige sorge recht or alone care right to one of the parents reversing the rights normally given to a married spouse or reversing the document you are being offered for signature. Now in somewhere close to 90% of all cases this is the mother and only if you can demonstrate the mother is not suitable to look after the child or the child is old enough to make an opinion will that be otherwise. If you do not sign this document then this will never be in dispute as you do not have the right anyway, unless of course you take the legal step of challenging the rights of the mother which you can or at this point apply to have joint care rights which you also can. Just for completeness once the decision is made as to who has care of the child then you can apply for joint care through the court as well. (Art. 133 Abs. 3 ZGB)
If you want to read all about the rights of parents and children it is covered in Articles ca 280 to 330 ZGB.

So I guess now you can make an informed decision as to what is best to do.

Thanks Richard for the time and attention you have given this. Very informative and quite impressive really..

I guess I have been sleeping recently... In your case the British Embassy is exactly correct but when I wrote this I was not aware that you had already signed the Vaterschaftsanerkennung. If you had not, then the British Embassy would have been wrong... Note also the excuse that the child was born here is not strictly true this only applies to partners with one being Swiss, which is your situation in that they automatically receive Swiss citizenship. What the British Embassy was eluding to was the situation when the child had not been born here as citizenship is not automatic in every country. Citizenship can, must not but can, change the way the authorities view cases in that they must consider the national law of the citizen and if you were both foreigners then you could elect to have the child parent relationship "governed" by one of the nations laws. But thats another story.

If you had not signed the Vaterschaftsanerkennung then taking British citizenship for your child would provide proof of relationship. Without this the child would legally not be related to you - that was the point I was trying to get across.

help my son has asked me how he can prove that he has not been married he says he needs this to go on the birth certificate of his daughter has he got this right