Adoption by a son-in-law keeps the townships busy

Marriage: Yes. Adopt: Not yet. In short, it is the plan of the legal commission of the national council. On Friday, he decided to gradually expand the rights of homosexuals in Switzerland. This is only when the marriage issue has been clarified that it will be necessary to discuss access to adoption and reproductive medicine.

For now, gays and lesbians will not have the opportunity to adopt children together. Nevertheless, there are families in Switzerland since this year, in which the children officially have two mothers or two fathers. It allows for a change in the adoption law, which came into force on January 1st. Since then, same-sex couples have been admitted to the next stage.

Watson's research shows that this possibility is widely used. Since the beginning of the year, the competent authorities have already received dozens of applications. Often, they come from lesbian couples who have met their desire to have a sperm donor. Until now, only the woman who had given birth was recognized as a mother. Now, his partner can adopt the child under certain conditions. As a result, she also receives all parental rights and duties.

Being a father is now also possible in doubles: male couples are often babies born abroad to a surrogate mother. Although it is a legal gray area – surrogacy is illegal in Switzerland – the biological father of the child must be recognized as a parent in Switzerland. This was decided by the European Court of Human Rights and the Federal Supreme Court. If the partner of the recognized father adopts the child, he is registered as the second father in the register of civil status.

Trotting Cantons

In the canton of Bern alone, 45 requests for the adoption of stepchildren were received, including 31 from homosexual couples. Two of the children were born to a surrogate mother. There were 13 applications in the city of Zurich, eight from lesbian couples and two from homosexual couples. In the rest of the canton, 22 requests have not been commented by the authorities.

Other cantons, such as St. Gallen, Basel or Lucerne, are currently processing many applications for same-sex couples, as the competent authorities confirm on request.

Several successful adoptive stepchildren have already posted on the umbrella organization's Internet portal "Rainbow Families". Tanja and Danielle blew the champagne corks in April, when they received the positive decision (and a bill of over 1647 francs). Since then, women have been registered in the civil status register as mothers of two children conceived abroad by sperm donation.

Maria von Känel, Executive Director of the Rainbow Families umbrella organization, congratulated many newly issued families since the beginning of the year. Most of the comments were positive, although the 26 cantons did not all support the adoption procedure at the same time: "If the process takes place in three months in some places, in some places". Other cantons require six to nine months or more. In all cantons, a large number of documents and documents are needed.

Von Känel admits, however, that cases are also stored very differently. Some lesbians give birth to children through donations of sperm from abroad, the donors being partly known, partly anonymous. In other cases, the donor is a man from the circle of acquaintances. Rarely this also concerns children from previous heterosexual relationships. "Depending on the initial situation, the question arises as to whether the genetic father should participate in the adoption process."

These questions are currently also addressed by Karin Hochl. As a lawyer in the canton of Zurich, she specializes in surrogacy and family planning for same-sex couples. Since the beginning of the year, she has hands full of investigations in the field of adoption of the son-in-law. "Many of our clients have been waiting for a long time that they can legally protect their children, and that they finally have two parents with the adoption," so Hochl.

Because: Until now, children had in such constellations usually only one legal representative – "it's problematic". If a parent dies or the parents separate before adoption, the child is not entitled to the alimony or inheritance of the so-called co-parent. Guard questions are critical, according to Hochl: If the biological parent dies, it is not certain that the child can continue to live and grow up with the other parent

Distinguished fathers talk about their portable babies

up to 30,000 children grow up in rainbow families. The exact numbers do not exist. In addition, the number of children arriving each year in Switzerland, born abroad by a surrogate mother, is not clear. Experts assume that the number in the range of two to three digits is likely to move – and increase.

Recently, two Swiss personalities spoke openly with the Zurich CVP politician Markus Hungerbühler and the TV journalist David Karasek. of surrogate mothers were. Lawyer Hochl receives several weekly requests from couples who want or have already realized their wish to have a baby using a sperm donation or substitute.

Among couples who expect surrogacy, there are many gay couples who are heterosexual. For medical reasons can not have any offspring, Hochl emphasizes. These couples also benefit in part from the new adoption law: if stepchildren could previously be adopted only in the context of a marriage of at least five years, the child would not be married. option is now open to unmarried couples, as long as they meet various requirements.

As watson research shows, applications from heterosexual couples who want to adopt the child of a surrogate are currently pending in several cantons.

Opponents Speak of "Salami Tactics"

The change of law is indeed an important step, says Hochl. However, adoption by small children is often associated with a lot of effort and high costs. The cantons demanded a fee of 600 to 3,000 francs. From the lawyer's point of view, the length of the proceedings and the risk that adoption will not be granted are also problematic.

From their point of view, to protect children, lesbian couples should be legitimate parents. Children born abroad to a surrogate should be recognized directly and registered in the registry, Hochl. The latter had rejected the Federal Court in a landmark decision in 2015.

Also for Maria von Känel of the Rainbow Families Association, the current regulations can only be an interim solution. "Unless recognition of children is possible at birth and same-sex couples in Switzerland do not have access to full adoption and reproductive medicine, there is unacceptable discrimination. ", she says. The gay organization Pink Cross came to the public last November with a corresponding list of claims

This is what happens to the opponents of the son-in-law's adoption. National Councilor SVP Andreas Glarner spoke of a "salami tactics" during the parliamentary debate in the spring of 2016. And the Council of States CVP Beat Rieder warned: "There is no such thing as a" salami tactic ". valid argument that the adoption of the current adoption would not introduce community adoption. "

The opening of this" Pandora's Box "also wanted to prevent a committee Representatives of JSVP, SVP and EDU Their referendum failed, however, in the collective phase