No ban on international adoptions
No ban on international adoptions
Submitted by:
Committee for Legal Affairs National Council
Reporting:
Submission date:
April 11, 2025
Submitted to:
National Council
Status of consultations:
Statement on the proposal is available
The Federal Council is instructed to immediately revisit its fundamental decision to ban international adoptions and to ensure a legal framework that allows international adoptions to continue to be possible in Switzerland, while at the same time increasing control mechanisms and transparency in order to reduce the risk of abuse.
Ongoing adoption procedures should not be affected by this reform.
Within the framework of this consultation draft, the right of adopted persons to know their ancestry and to receive support in tracing their origins must also be strengthened.
Statement of the Federal Council of 21 May 2025
In its final report of June 27, 2024 (available at www.bj.admin.ch > Society > Legislation > Legislative Projects > International Adoptions), the Expert Group on International Adoption concludes that the current legal situation is unsatisfactory and proposes two scenarios for a future policy on international adoption in Switzerland: the phase-out scenario and the reform scenario, which includes, in particular, a reduction in the number of countries of origin and a reorganization (concentration of responsibilities) in Switzerland. The Expert Group notes that even an effective and far-reaching reform of the current system cannot rule out future abuses. The Federal Council is therefore convinced that even reforms would not sufficiently take the best interests of the child into account. The Expert Group also raises the question of proportionality, given the very low number of international adoptions (around 30 per year). Based on this initial situation, the Federal Council decided on January 29, 2025, to commission the Federal Department of Justice and Police (FDJP) to prepare a consultation draft on the revision of international adoption law (see the press release of January 29, 2025, available at www.adoption.admin.ch). In order to promote a broad public debate on this sensitive and complex issue, the draft will contain two variants: the Federal Council's preferred variant of phasing out international adoption, and a variant for reforming Swiss international adoption law. The decision to proceed in this way and to publish a declaration of intent in January 2025 was made precisely to facilitate a broad and informed discussion. The Federal Council therefore considers it essential to also submit the variant of phasing out international adoption for consultation.
In its decision of January 29, 2025, the Federal Council also instructed the Federal Department of Justice (FDJP) to review a legislative revision related to the tracing of origins. The cantons and interested parties will be involved in the work. In particular, the relevant recommendations of the working group of the Conference of Cantonal Directors of Justice and Police (KKJPD) and the Federal Office of Justice (available on the KKJPD website at https://www.kkjpd.ch/newsreader/internationale-adoptionen.html) will be taken into account.
The Federal Council takes the concerns of the RK-N seriously. For this very reason, in addition to the exit solution favored by the Federal Council, it will also submit an alternative proposal for reforming the Swiss legal framework in the area of international adoption for consultation. This proposal is intended to strengthen control and transparency mechanisms and prevent abuses as far as possible. This is intended to achieve the desired broad public debate. For the reasons stated, the Federal Council proposes that the motion be rejected.