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  #1  
Old 08.01.2021, 17:52
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Step Parent Adoption - Possible Loss of Citizenship?

Asking for a friend...

Parent A, not a Swiss citizen, and parent B, Swiss citizen, were married and have a child, C, who was born in Switzerland and is a Swiss citizen due to parent B.

A and B divorced. A remarried, to step-parent D, also not a Swiss citizen.

D wishes to adopt C.

Will C lose Swiss citizenship if adopted by D?
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  #2  
Old 08.01.2021, 18:11
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Re: Step Parent Adoption - Possible Loss of Citizenship?

Parent B will have to agree I imagine. But ... no idea. Your friend should ask their Commune/Gemeinde, or Embassy.
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  #3  
Old 08.01.2021, 18:17
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Re: Step Parent Adoption - Possible Loss of Citizenship?

Has B really given up all parental rights? I would find that odd these days.

I doubt citizenship could be revoked, potentially making someone stateless.
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  #4  
Old 08.01.2021, 18:19
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Re: Step Parent Adoption - Possible Loss of Citizenship?

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... no idea.
Then simply look into the 'effing law, for dog sake.

Art. 6 Swiss Citizenship Act
Quote:
Loss by adoption

1 If a minor Swiss citizen is adopted by a foreign national, he or she loses Swiss citizenship on adoption if he or she acquires the nationality of the adoptive parent thereby or already holds that nationality.

2 Swiss citizenship is not lost if filiation with a Swiss parent is established on adoption or such filiation remains following adoption.

3 If adoption is annulled, loss of Swiss citizenship is deemed not to have taken place.
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Old 08.01.2021, 18:20
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Re: Step Parent Adoption - Possible Loss of Citizenship?

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Has B really given up all parental rights?
If the adoption happens: Yes. All ties are cut. No parental rights/obligations, and no more inheritance rights/obligations.
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Old 08.01.2021, 19:45
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Re: Step Parent Adoption - Possible Loss of Citizenship?

Perhaps a silly question, but can a child have three parents? From what I understand parent B is still alive. Has parent B formally abandoned the child?

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Old 08.01.2021, 19:57
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Re: Step Parent Adoption - Possible Loss of Citizenship?

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Perhaps a silly question, but can a child have three parents? From what I understand parent B is still alive. Has parent B formally abandoned the child?

Before the adoption the child has two parents: A and B. After the adoption the child has two parents as well: A and D. Logically, B must give consent.
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Old 08.01.2021, 19:57
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Re: Step Parent Adoption - Possible Loss of Citizenship?

Thanks all, especially ASITUS for that link.

I have no details other than the outline above.

(The friend is C's grandmother, so the question starts from a step removed. I'll pass on this info.)
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  #9  
Old 08.01.2021, 20:01
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Re: Step Parent Adoption - Possible Loss of Citizenship?

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Perhaps a silly question, but can a child have three parents? From what I understand parent B is still alive.
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Before the adoption the child has two parents: A and B. After the adoption the child has two parents as well: A and D. Logically, B must give consent.
Yes, that's the case in all the legal senses.

Even so, a child can have several adults in a parental role. The parents can put in place their own agreements to some lesser version of parental involvement, for a new adult, than adoption. In this way, a new partner who does not adopt the child can still be accorded, by agreement with both biological parents, some access to the child and some rights with regard to the child.

Such things typically would include everyday matters such as being allowed to attend a school function or a doctor's appointment (even or perhaps especially if neither biological parent were able to be there), being allowed to sign for receipt of post or schoolwork, or to register a child for a sporting event, or being allowed to fetch a child from school, or to travel with the child locally or internationally, etc.

Of course, such arrangements need level-headed, rational adults to have decided to put the child's best interests first, and that the child has a good-enough relationship with each of the adults.

It is, however, a completely different matter from the formality of an adoption. The parent who consents to another adopting his or her biological child loses all legal rights and duties towards the child, as does the child, who then acquires those legal rights and benefits towards the new adoptive parent.

Even so, some adoptive parents deem it better for the child to let the ex-legal biological parents maintain some contact with the child, so that the child grows up knowing who that parent is. This contact, and possibly a relationship, can help to prevent the child dreaming up some fantasy scenario of the ex-legal parent out there, who is very neglectful and hates them, or who will one day ride by on a white steed to make everything perfect.

This kind of arrangement can make sense if, for example, B knows that he/she is unreliable as a parent, or needs to live abroad, or is in prison, or is very old, very young or very ill, etc., and D would be a better deal for the child, but when everyone: A, B, C and D can see that it would still be realistic and healthy for the child to have contact with B, whenever it turned out to be possible.
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Old 08.01.2021, 20:05
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Re: Step Parent Adoption - Possible Loss of Citizenship?

Question to OP: does step-parent D already have a child of their own?
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  #11  
Old 08.01.2021, 20:08
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Re: Step Parent Adoption - Possible Loss of Citizenship?

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Question to OP: does step-parent D already have a child of their own?
Very good question. And if so, is the other parent of D's child involved, and is it clear how? These things are worth sorting out both in terms of the emotional relationships and for matters such as inheritance and (as you first asked, OP) citizenship.
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Old 08.01.2021, 20:30
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Re: Step Parent Adoption - Possible Loss of Citizenship?

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Perhaps a silly question, but can a child have three parents?
No.

Tom
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Old 08.01.2021, 20:45
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Re: Step Parent Adoption - Possible Loss of Citizenship?

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Question to OP: does step-parent D already have a child of their own?
Interesting point - but I don't know.
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Old 09.01.2021, 09:50
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Re: Step Parent Adoption - Possible Loss of Citizenship?

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Interesting point - but I don't know.
In some cases it may make a difference as to whether the person can adopt the child, so it may be relevant (although I know this wasn't the original question).

Otherwise I found this which may be of use, if not to the OP then to others who may stumble across the thread who are looking into adoption:

https://www.ch.ch/en/adopting-child/
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Old 10.01.2021, 02:29
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Re: Step Parent Adoption - Possible Loss of Citizenship?

AFAIK adopting a child will place it on equal legal footing as the other children of the adopting parent, if any. That will reduce their fraction of the mandatory share of the heritage.

It won't hurt to get those children's Ok as part of the preparations, their age permitting.
In fact I'd most strongly advise for this - whenever heirs grow apart, become alienated or outright hostile, it's usually over some money matter. And that's the more likely to happen the later in their life the adoption happens.
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Old 10.01.2021, 02:52
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Re: Step Parent Adoption - Possible Loss of Citizenship?

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No.

Tom
Yes. At least biologically

https://www.bbc.com/news/magazine-28986843
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Old 10.01.2021, 09:07
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Re: Step Parent Adoption - Possible Loss of Citizenship?

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Then simply look into the 'effing law, for dog sake.

Art. 6 Swiss Citizenship Act
The child will lose citizenship simply because the parents decided to do other things, which are out of the minor's control. That's pretty ruff and seemingly very unfair to the child. Sounds like parent B is the father, from my understanding if the child was born to Parent A (mother) and she was Swiss they could not take it away. I thought once a person acquired citizenship pretty much anywhere it can not be taken away unless serious crimes against the state are committed. Interesting....but somehow not surprising with some of the complicated laws surrounding citizenship in Switzerland.
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Old 10.01.2021, 10:01
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Re: Step Parent Adoption - Possible Loss of Citizenship?

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Perhaps a silly question, but can a child have three parents? From what I understand parent B is still alive. Has parent B formally abandoned the child?

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Most definitely!



Seriously, though, I'd look into the law in this specific case with an expert in the field. While the snippet of the appropriate law is quite clear, there could be exceptions listed in the fine print further down that haven't been quoted.
I mean, minors with non-Swiss parents can gain Swiss citizenship while retaining that of their non-Swiss parents, so there could be a possibility of minors being adopted by non-Swiss parents retaining their Swiss citizenship, if the parents' country allows dual citizenship.

Also, on adoption and inheritance: depending on the laws of whichever country has legal control over the dying parents' assets, there can be cases where children have no legal right to claim anything if the will is clearly written to leave bequests to other people or institutions, and not the children. I could, for example, list an animal shelter as my sole heir and, in many countries, my children would have no right to receive any inheritance from me.

Last edited by araqyl; 10.01.2021 at 10:02. Reason: Picture was way too big!!
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