View Single Post
  #10  
Old 22.06.2021, 01:07
doropfiz doropfiz is offline
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 7,955
Groaned at 94 Times in 75 Posts
Thanked 12,283 Times in 4,986 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Adoption of grandchild

Here's Art. 297 of the Swiss Civil Code of
https://www.fedlex.admin.ch/eli/cc/2...233/en#art_297
where it states that, if both parents die, it will be the KESB (in German: Kinder- und Erwachsenenschutzbehörde) who appoints a guardian for the orphaned child.
1. If the parents have joint parental responsibility and one parent dies, the surviving parent retains sole parental responsibility.

2. If a parent who has sole parental responsibility dies, the child protection authority shall assign parental responsibility to the surviving parent or if a legal guardian is appointed for the child, to the person more suited to safeguarding the child's best interests.


Effectively, in the absence of any remaining parent, the KESB will consider a written declaration ("Sorgerechtsverfügung" in German) made by the deceased parent before her death, naming a specific other person as guardian of the child, but will also do its own research to assess the suitability of the person so named. If they deem the named person unsuitable, then the KESB will appoint its own guardian.

Oddly, there's nothing mentioned, there, about adoption, only guardianship.

With regard to adoption, note also Art. 264 d https://www.fedlex.admin.ch/eli/cc/2...3/en#art_264_d on the restrictions on age difference between the potential adoptive parent and the child to be adopted, also exceptions may be made if justified.
1. The age difference between the child and the persons wishing to adopt may not be less than 16 years and not more than 45 years.

2. Exceptions may be made if this is necessary for the welfare of the child. The person wishing to adopt must justify the exception.


There's also this broschure, by the Bundesamt für Justiz, about adoption in general:
file:///I:/Downloads/bro-adoption-d.pdf (in German)

Last edited by doropfiz; 22.06.2021 at 22:56.