A. Betrothal

¹ Engagement is constituted by mutual promises to marry.

² Minors incur no obligation through betrothal without the consent of their legal representative.¹

³ Engagement does not give rise to any actionable obligation to marry.

B. Ending the engagement

I. Gifts

¹ If the engagement is ended, the engaged parties may demand the return of gifts made to each other, with the exception of the usual occasional gifts, unless the engagement has ended as a result of death.

² Where such gifts are no longer at hand, restitution is subject to the provisions governing unjust enrichment.

II. Duty to contribute

If one of the engaged couple has in good faith incurred expense in anticipation of the marriage ceremony and the engagement is then ended, that party may claim a reasonable contribution from the other where this is not inequitable in the overall circumstances.

III. Prescription

Claims arising from the engagement prescribe one year from the ending of the engagement.

A. Capacity to marry

¹ To be able to marry, the prospective spouses must have reached 18 years of age and have the capacity of judgement.

² ...¹

B. Impediments

I. Kinship¹

¹ Marriage between lineal relatives and between siblings or half-siblings, whether related to each other by parentage or adoption, is prohibited.²

² Adoption does not remove the impediment to marriage constituted by kinship between the adopted child and his issue on the one hand and his adoptive family on the other.

II. Previous marriage

A person wishing to remarry must prove that any previous marriage has been annulled or dissolved.

A. General principles

¹ The wedding ceremony takes place in the presence of the civil registrar after the preparatory procedure has been taken.

² The engaged couple may marry in the civil register district of their choice.

³ No religious wedding ceremony is permitted prior to the civil ceremony.

A^bis. Circumvention of the legislation on foreign nationals

¹ The civil registrar shall not consider a request for marriage if the bride or groom clearly has no intention of living together but wishes to circumvent the provisions on the admission and residence of foreign nationals.

² The civil registrar shall grant a hearing to the prospective spouses and may obtain information from other authorities or third parties.

B. Preparatory procedure

I. Request

¹ The preparatory procedure is carried out at the civil register office at the domicile of the bride or groom at their request.

² They must appear in person. If they may show that they clearly cannot be required to do so, the preparatory procedure may be carried out in writing.

³ They must furnish documentary proof of identity and personally declare at the civil register office that they satisfy the legal requirements for marriage; they must also produce any necessary consent.

⁴ Engaged couples who are not Swiss citizens must prove during the preparatory procedure that they are lawfully resident in Switzerland.¹

II. Conduct and completion of the preparatory procedure

¹ The civil register office verifies that:

1.

the request has been duly submitted;

2.

the identity of the engaged couple has been established; and

3.¹

the requirements for marriage are satisfied, and in particular whether there are any circumstances that suggest that the request clearly does not reflect the free will of the engaged couple.

² Provided these requirements are fulfilled, the civil register office shall inform the betrothed parties that the preparatory procedure has been completed and of the legally prescribed time limits for holding the wedding ceremony.²

³ After consulting the engaged couple and in conformity with cantonal regulations, the civil register office sets the date of the wedding ceremony or, upon request, authorises that it may be conducted in another civil register district.

⁴ The civil register office must inform the competent authority of the identity of any engaged couple who have not proven that they are lawfully resident in Switzerland.³

III. Time limits

The wedding ceremony may take place within three months following notification of completion of the preparatory procedure.

C. Wedding ceremony

I. Venue

¹ The wedding ceremony takes place at the wedding venue of the civil register district chosen by the engaged couple.

² Where the preparatory procedure was conducted in a different civil register district, the engaged couple must produce a marriage licence.

³ If the engaged couple show that they cannot reasonably be required to appear at the official venue, the wedding may take place at another location.

II. Form

¹ A wedding is a public ceremony that takes place in the presence of two adult witnesses who are capable of judgement.¹

² The civil registrar asks the bride and groom individually whether each wishes to marry the other.

³ If both answer in the affirmative, they are pronounced married by mutual consent.

D. Implementing provisions

The Federal Council and, within the scope of their powers, the cantons shall enact the necessary implementing provisions.

A. General principle

A marriage contracted before a civil registrar may be annulled only on one of the grounds provided in this chapter.

B. Annulment not subject to a time limit

I. Grounds

Grounds for annulment are:

1.

that one of the spouses¹ was already married at the time of the wedding and the previous marriage had not been dissolved by divorce or by the death of the previous spouse;

2.

that one of the spouses lacked capacity of judgement at the time of the wedding and has not regained such capacity since;

3.²

that the marriage was prohibited due to kinship;

4.³

one of the spouses has no intention of living with the other, but wishes to circumvent the provisions on the admission and residence of foreign nationals;

5.⁴

a spouse has not married of his or her own free will;

6.⁵

one of the spouses is a minor, unless the continuation of the marriage is in the overriding interest of this spouse.

II. Action for annulment

¹ An action for annulment is brought ex officio by the competent cantonal authority at the domicile of the spouses; in addition, any interested party is entitled to bring such action. Provided this is compatible with their duties, the federal and cantonal authorities shall contact the authority competent for the action if they have reason to believe that there are grounds for annulment.¹

² If the marriage has been otherwise dissolved, the authority may no longer seek an annulment ex officio; however, any interested party may seek a declaration of annulment.

³ An action for annulment may be brought at any time.

C. Annulment subject to a time limit

I. Grounds

A spouse may seek a declaration of annulment if he or she:

1.

temporarily lacked capacity of judgement at the time of the wedding;

2.

married in error, whether because he or she did not wish to marry at all or did not wish to marry the other person;

3.

contracted the marriage because he or she was intentionally deceived with regard to essential personal attributes of the other spouse;

4.¹

...

II. Action for annulment

¹ An action for annulment must be brought within six months of learning of the grounds for annulment or of the date on which the threat ceased, but in any event within five years of the wedding.

² The right to bring an action for annulment does not pass to heirs; however, an heir may continue an action already brought.

D. Effects of judgment

¹ A marriage does not become invalid until a court has declared it annulled; prior to such judgment it has all the effects of a valid marriage with the exception of claims under inheritance law, which in any event the surviving spouse loses.

² The provisions governing divorce apply mutatis mutandis to the effects of a court declaration of annulment on the spouses and their children.

³ The presumption of paternity in favour of the husband does not apply if the marriage is annulled because it served to circumvent the provisions on the admission and residence of foreign nationals.¹

A. Divorce by joint request

I. Comprehensive agreement

¹ Where the spouses jointly request divorce and submit a comprehensive agreement on the consequences of the divorce along with any necessary documents and with joint applications in respect of the children, the court shall hear the spouses both separately and together. The hearing may comprise two or more sessions.

² If the court is persuaded that desire for divorce and the agreement are the product of free will and careful reflection and that the agreement with the applications in respect of the children may be approved, the court shall issue the divorce decree.

II. Partial agreement

¹ The spouses may jointly request divorce and ask the court to decide matters on which they cannot reach agreement.

² As in the case of comprehensive agreement, the court shall hear the parties on those consequences of the divorce on which they have reached agreement and on their request that the remaining consequences be decided by the court.

³ ...¹

B. Divorce at the petition of one spouse

I. After living apart

A spouse may petition for divorce if, at the time the petition is filed or at the time the divorce request is replaced by a divorce petition, the spouses have lived apart for at least two years.

II. Irretrievable breakdown

Prior to the expiry of the two-year period, a spouse may petition for divorce if the marriage has irretrievably broken down for compelling reasons for which he or she is not responsible.

A. Requirements and procedure

¹ Spouses may petition for a separation decree subject to the same requirements as apply to divorce.

² ...¹

³ The right to petition for divorce is unaffected by the separation decree.

B. Effects of separation

¹ By operation of the law, the separation decree implements the marital property separation of property regime.

² Otherwise, the provisions governing measures for the protection of the marital union apply mutatis mutandis.

A. Civil status of divorced spouses

¹ A spouse who has changed his or her surname on marriage retains that surname following divorce; he or she may at any time declare before the civil registrar the wish to revert to the name by which he or she was known prior to the marriage.

B. Marital property law and inheritance law

¹ The provisions of marital property law apply to the division of marital property.

² Divorced spouses have no rights of inheritance in relation to each other and may not make claims based on testamentary dispositions made before their divorce proceedings were made pending.

C. Family home

¹ If a spouse must remain in the family home because of the children or for other compelling reasons, the court may transfer the rights and obligations under the tenancy agreement to that spouse provided this is not inequitable for the other.

² The previous tenant is jointly and severally liable for payment of the rent up to the date on which the tenancy ends or may be terminated pursuant to the tenancy agreement or by law, but for a maximum period of two years; if an action is brought to recover rent due, he or she is entitled to set off the amount paid in instalments equal to the amount of the monthly rent against any maintenance payments owed to the other spouse.

³ If the home belongs to the family of one of the spouses, the court may, on the same conditions, grant the other spouse a right of residence for a fixed term in return for reasonable compensation or set-off against maintenance payments. Where new and compelling reasons so require, such right of residence may be restricted or revoked.

D. Occupational pensions

I. Principle

In the event of divorce, any occupational pension assets accrued during the marriage up to the point at which divorce proceedings commence are divided equitably.

II. Equitable division of termination benefits

¹ Termination benefits including vested benefits and early withdrawals for purchasing owner-occupied property are divided equally.

² Paragraph 1 does not apply to one-off contributions from individual property in accordance with the law.

³ The termination benefits to be divided are calculated on the basis of Articles 15–17 and 22a or 22b of the Vested Benefits Act of 17 December 1993².

III. Equitable division of invalidity pension prior to statutory retirement age

¹ If, at the point at which divorce proceedings commence, a spouse is drawing an invalidity pension prior to the statutory retirement age, the amount to which he or she would be entitled under Article 2 paragraph 1^ter of the Vested Benefits Act of 17 December 1993² following cancellation of the invalidity pension counts as the termination benefits.

² The provisions on the equitable division of termination benefits apply mutatis mutandis.

³ The Federal Council determines in which cases the amount under paragraph 1 may not be applied in the division because there has been a reduction due to over-compensation.

IV. Equitable division in the case of invalidity pensions after statutory retirement age and in the case of retirement pensions

¹ If, at the point at which divorce proceedings commence, a spouse is drawing an invalidity pension after the statutory retirement age or drawing a retirement pension, the court decides at its own discretion how the pension is to be divided. In doing so it primarily takes into account the duration of the marriage and the pension requirements of each spouse.

² The share of the pension awarded to the spouse entitled thereto is converted into a life-long pension. This is paid to the entitled spouse by the liable spouse’s occupational pension fund or is transferred to the entitled spouse’s own occupational pension fund.

³ The Federal Council regulates:

1.

the actuarial conversion of the share of the pension into a life-long pension;

2.

the procedure in cases in which the retirement benefits are postponed or the invalidity pension is reduced due to over-compensation.

V. Exceptions

¹ The spouses may, in an agreement on the consequences of the divorce, agree not to divide the assets equally or not to divide them at all if there are sufficient retirement pension and invalidity pension funds otherwise.

² The court may award the entitled spouse less than half of the termination benefits or rule that they should not be divided if good cause exists. Good cause exists above all when equal division would be unreasonable:

1.

in view of the division of marital property or the economic circumstances following divorce;

2.

in view of the pension requirements, in particular with regard to the difference in age between the spouses.

³ The court may award the entitled spouse more than half of the termination benefits if he or she cares for joint children following the divorce and the liable spouse continues to have sufficient retirement and invalidity pension assets.

VI. Offset of mutual entitlements

¹ The spouses’ mutual entitlements to termination benefits or a share of a pension are offset. The pension entitlement is offset before the share of the pension awarded to the entitled spouse is converted into a life-long pension.

² Termination benefits may only be offset against a share of a pension if the spouses and the occupational pension institutions agree.

VII. Unreasonableness

If, having considered the pension requirements of both spouses, an equitable division of occupational pension assets is unreasonable, the liable spouse shall owe the entitled spouse a lump sum payment.

VIII. Impossibility

1 If the equitable division of pension fund assets is not possible, the liable spouse shall owe the entitled spouse adequate compensation in the form of a lump sum payment or as a pension.

² A Swiss judgment may be amended at the request of the liable spouse if pension entitlements existing abroad have been offset by adequate compensation pursuant to paragraph 1 and such pension entitlements are then divided up in a foreign decision that is binding on the foreign party liable to pay pension contributions.

E. Post-marital maintenance

I. Requirements

¹ If a spouse cannot reasonably be expected to provide for his or her own maintenance, including an appropriate level of retirement provision, the other spouse must pay a suitable contribution.

² In deciding whether such a contribution is to be made and, if so, in what amount and for how long, the following factors in particular must be considered:

1.

the division of duties during the marriage;

2.

the duration of the marriage;

3.

the standard of living during the marriage;

4.

the age and health of the spouses;

5.

the income and assets of the spouses;

6.

the extent and duration of child care still required of the spouses;

7.

the vocational training and career prospects of the spouses and the likely cost of reintegration into working life;

8.

expectancy of federal old age and survivor’s insurance benefits and of occupational or other private or state pensions, including the expected proceeds of any division of withdrawal benefits.

³ Exceptionally, a maintenance contribution may be denied or reduced if it would clearly be inequitable, particularly because the spouse otherwise entitled to receive such contribution:

1.

has grossly neglected his or her duty to contribute to the maintenance of the family;

2.

has wilfully brought about his or her own indigence;

3.

has committed a serious criminal offence against the other spouse or a person close to him or her.

II. Modalities of maintenance contributions

¹ The court shall fix an amount to be paid periodically by way of maintenance contribution and set the date on which the duty of maintenance commences.

² Where justified in specific circumstances, a lump sum settlement may be ordered instead of regular payments.

³ The court may attach conditions to the maintenance contribution.

III. Regular payments

1. Special terms

The spouses may wholly or in part exclude any alteration of the regular maintenance payments stipulated in the agreement.

2. Adjustment for inflation

The court may direct that the maintenance contribution will automatically increase or decrease depending on specified changes in the cost of living.

3. Adjustment by court order

¹ In the event of a substantial and enduring change in circumstances, the periodic maintenance payments may be reduced, cancelled or suspended for a certain time; an improvement in the circumstances of the party entitled to maintenance may be taken into account only if the payments stipulated in the divorce decree provided sufficient maintenance.

² The party entitled to maintenance may request that the payments be adjusted in line with future inflation if the income of the other party has increased unexpectedly since the divorce.

³ Within five years of the divorce, the party entitled to maintenance may request that payments be ordered or increased provided the divorce decree states that it was not possible at that time to order sufficient maintenance payments and provided the economic circumstances of the party obliged to pay maintenance have since improved.

4. Expiry by law

¹ The duty to pay maintenance expires on the death of either the receiving party or the paying party.

² Unless otherwise agreed, it likewise expires on the remarriage of the party entitled to receive maintenance.

IV. Enforcement

1. Enforcement assistance

¹ Where the liable party fails to pay maintenance, an official agency designated by cantonal law shall on request, in an appropriate way and usually without charge, assist the party entitled to maintenance to enforce his or her claims.

² The Federal Council determines the terms of enforcement assistance.

2. Advance payments

¹ Public law may provide for advance payments to be made should the liable person fail to make the necessary maintenance payments.

² If the state authority makes maintenance payments to the entitled person, the maintenance entitlement with all rights is assigned to the state authority.

3. Directions to debtors and posting security¹

¹ If the party obliged to pay maintenance fails to do so, the court may order his debtors to make payment in whole or in part to the party entitled to maintenance.

² If the party obliged to pay maintenance persistently fails to do so, or if there are grounds to suspect that said party is preparing to abscond or is dissipating or concealing his assets, the court may order him to post appropriate security for future maintenance contributions.

F. Children

I. Parental rights and obligations

¹ The court regulates parental rights and obligations in accordance with the provisions on the legal effects of the parent-child relationship. In particular it regulates:

1.

parental responsibility;

2.

residence;

3.

contact (Art. 273) or the sharing of parenting duties; and

4.

child maintenance contributions.

² It shall consider all circumstances important to the child's best interests. It shall take account of a joint proposal by the parents and, if feasible, the opinion of the child.

³ It may order that the child maintenance contribution continue to be paid after the child reaches the age of majority.

II. Change of circumstances

¹ At the request of either parent, the child or the child protection authority, new arrangements for parental responsibility shall be made by the child protection authority provided this is in the child’s best interests due to a substantial change in circumstances.

² The requirements for the modification of other parental rights and -obligations are governed by the provisions on the effects of the parent-child relationship.¹

³ If the parents agree, the child protection authority reassesses parental responsibility, residence and approves a child support agreement. In the other cases, the court competent to modify the divorce decree decides.²

⁴ If the court is required to decide on the modification of parental responsibility, residence or the child maintenance contribution for a minor child, it shall if necessary also reassess contact or sharing of parenting duties; in the other cases, the child protection authority shall decide on the modification of contact or sharing of parenting duties.³

Repealed

A. Ordinary property regime

Spouses are subject to the provisions governing participation in acquired property provided they have not agreed otherwise in a marital agreement and provided no extraordinary marital property regime has come into effect.

B. Marital agreement

I. Choice of regime

¹ A marital agreement may be concluded before or after the wedding.

² The prospective spouses or the spouses may choose, set aside or modify their marital property regime only within the limits of the law.

II. Capacity to enter into an agreement

¹ A person wishing to enter into a marital agreement must have capacity of judgement.

² Minors, or adults subject to a deputyship that covers the conclusion of a marital agreement require the consent of their legal representative.¹

III. Form of the agreement

The marital agreement must be executed as a public deed and signed by the parties and, where applicable, by the legal representative.

C. Extraordinary property regime

I. At the request of one spouse

1. By court order

¹ At the request of one spouse, the court shall order a separation of property where there is good cause to do so.

² In particular, good cause exists:

1.

if the other spouse is overindebted or his or her share of the common property has been distrained;

2.

if the other spouse is endangering the interests of the applicant or of the marital union;

3.

if the other spouse unreasonably withholds the consent required for the disposal of common property;

4.

if the other spouse refuses to provide the applicant with information concerning his or her income, assets and debts or concerning common property;

5.

if the other spouse permanently lacks capacity of judgement.

³ Where a spouse permanently lacks capacity of judgement, his or her legal representative may likewise request separation of property for this reason.

2. ...

3. Revocation

¹ The spouses may at any time reinstate their previous marital property regime or implement a new one by marital agreement.

² If the reason for the separation of property no longer exists, at the request of one spouse the court may direct that the previous marital property regime be reinstated.

II. In the event of bankruptcy or distraint

1. Bankruptcy

If a spouse living under the community of property regime is declared bankrupt, separation of property takes effect ex officio.

2. Distraint

a. By court order

If a spouse living under the community of property regime is pursued for a personal debt and his or her share of the common property is distrained, the debt enforcement supervisory authority may request that the court order a separation of property.

b. Request¹

¹ The request is directed against both spouses.

² ...²

3. Revocation

¹ If the creditors have been satisfied, at the request of one spouse the court may order the restoration of the community of property regime.

² By marital agreement, the spouses may opt for the participation in acquired property regime.

III. Liquidation of the previous marital property regime

Whenever the separation of property regime comes into effect, the liquidation of the previous regime is governed by the provisions applicable to the latter, unless the law provides otherwise.

D. Protection of creditors

¹ The establishment, variation or liquidation of a marital property regime may not have the effect of releasing an asset with which one of the spouses or the marital union had hitherto been liable to creditors from such liability.

² If such an asset has been transferred to the other spouse, the latter must pay the debt but may be released from such liability to the extent that he or she may prove that the asset received is worth less than the debt.

E. ...

F. Management of one spouse’s assets by the other

¹ Where one spouse expressly or tacitly entrusts management of his or her assets to the other, the provisions governing agency apply unless otherwise agreed.

² The provisions governing settlement of debts between spouses are reserved.

G. Inventory

¹ Each spouse may at any time require the other’s cooperation in drawing up an inventory of their joint assets in the form of a public deed.

² Such an inventory is deemed accurate if made within one year of the inclusion of such assets under the regime.

A. Ownership

I. Categories

The marital property regime of participation in acquired property comprises the property acquired during the marriage and the individual property of each spouse.

II. Acquired property

¹ Acquired property comprises those assets which a spouse has acquired for valuable consideration during the marital property regime.

² In particular, the acquired property of a spouse comprises:

1.

the proceeds from his or her employment;

2.

benefits received from staff welfare schemes, social security and social welfare institutions;

3.

compensation for inability to work;

4.

income derived from his or her own property;

5.

property acquired to replace acquired property.

III. Individual property

1. By operation of law

By operation of law, a spouse’s individual property comprises:

1.

personal effects used exclusively by that spouse;

2.

assets belonging to one spouse at the beginning of the marital property regime or acquired later at no cost by inheritance or otherwise;

3.

claims for satisfaction;

4.

acquisitions that replace individual property.

2. By marital agreement

¹ Under a marital agreement, spouses may declare acquired property to be individual property set aside for professional or business use.

² Furthermore, spouses may stipulate in a marital agreement that income from individual property does not qualify as acquired property.

IV. Proof

¹ Any person who asserts that a specific object or asset is owned by one or other spouse bears the burden of proof.

² If no such proof may be adduced, the object or asset is presumed to be in the co-ownership of both spouses.

³ Until proven otherwise, all assets of a spouse are deemed to be acquired property.

B. Management, benefits and power of disposal

¹ Within the limits of the law, each spouse administers and enjoys the benefits of his or her individual property and has power of disposal over it.

² If an asset is in the co-ownership of both spouses, neither spouse may dispose of his or her share in it without the other’s consent, unless otherwise agreed.

C. Liability toward third parties

Each spouse is liable for his or her debts with all his or her property.

D. Debts between spouses

¹ The marital property regime does not affect the maturity of debts contracted between spouses.

² However, if payment of debts or the restitution of objects owed by a spouse would cause him or her serious difficulties which might endanger the marital union, such spouse may request a time limit within which to satisfy the claim; the claim is to be secured where reasonable in the circumstances.

E. Dissolution of the property regime and liquidation

I. Time of dissolution

¹ The marital property regime is dissolved on the death of a spouse or on implementation of a different regime.

² In the case of divorce, separation, annulment of the marriage or a court order for separation of property, the dissolution of the marital property regime takes retroactive effect as of the date on which the application was filed.

II. Taking back property and settling debts

1. In general

¹ Each spouse shall take back any of his or her property that is in the other’s possession.

² Where one spouse shows an overriding interest in gaining sole possession of an object or asset in co-ownership, and notwithstanding any other legal measures available, he or she may request that said object or asset be allocated to him or her in return for compensation.

³ The spouses settle their debts to each other.

2. Participation in increased value

¹ Where a spouse has contributed to the acquisition, improvement or preservation of an asset belonging to the other without receiving equivalent compensation, and where at the time of the liquidation that asset has increased in value, then his or her claim corresponds to his or her proportionate contribution and is calculated according to the current value of the asset; if, conversely, the asset has decreased in value, his or her claim corresponds to the original contribution.

² If such an asset had already been alienated beforehand, the claim is calculated according to the proceeds obtained and is due immediately.

³ By written agreement, spouses may exclude participation in the increased value or vary the proportion thereof.

III. Calculating the surplus for each spouse

1. Separation of acquired property and individual property

¹ The property acquired during marriage and the individual property of each spouse are separated according to their value at the time of the dissolution of the marital property regime.

² Lump sum pension or invalidity benefits received by a spouse are added to his or her individual property in an amount equivalent to the present value of the pension or invalidity annuity to which he or she would be entitled on dissolution of the marital property regime.

2. Additions

¹ The following are added to the property acquired during marriage:

1.

the value of dispositions made without consideration by one spouse without the other’s consent during the five years preceding the dissolution of the marital property regime, save for the usual occasional gifts;

2.

the value of assets disposed of by one spouse during the marital property regime with the intention of diminishing the other’s share.

² ...¹

3. Compensation operations between acquired property and individual property

¹ Where debts incurred in connection with acquired property have been paid out of individual property or where debts incurred in connection with individual property have been paid out of acquired property, there is a claim for compensation when the marital property regime is liquidated.

² A debt encumbers the property in relation to which it was incurred, and in the event of doubt, it encumbers the acquired property.

³ If assets belonging to one category of property have contributed to the acquisition, improvement or preservation of assets belonging to the other and if the value of the latter has increased or diminished, the claim for compensation corresponds to the proportionate contribution made and is calculated according to the value of the assets at the time of the liquidation or their disposal.

4. Surplus

¹ The remaining total value of the acquired property, including the assets added in and claims for compensation, and after deduction of the debts encumbering the acquired property, constitutes the surplus.

² A deficit is disregarded.

IV. Valuation

1. Market value

For the purpose of liquidating the marital property regime, assets are stated at their market value.

2. Capitalised value

a. In general

¹ An agricultural enterprise which one spouse continues to operate as owner or in respect of which the surviving spouse or one of the issue makes a justified claim for undivided allocation is stated at its capitalised value when calculating the proportionate added value and the claim for participation.

² The owner of the agricultural enterprise or his or her heirs may bring a claim against the other spouse for proportionate added value or participation only in the amount they would receive if the business were stated at its market value.

³ The inheritance law provisions governing valuation and the participation of co-heirs in the profit apply mutatis mutandis.

b. Special circumstances

¹ The allocation value may be increased by a suitable amount if justified by special circumstances.

² Special circumstances include in particular the maintenance requirements of the surviving spouse, the purchase price of the agricultural enterprise including capital investments, and the financial circumstances of the spouse to whom the agricultural enterprise belongs.

3. Defining juncture

¹ For the purpose of valuing the acquired property at hand at the time of the dissolution of the marital property regime, the defining juncture is the time of the division.

² For assets added to the acquired property, the defining juncture is the date on which they were alienated.

V. Participation in the surplus

1. By law

¹ Each spouse or his or her heirs is or are entitled to one-half of the surplus of the other spouse.

² The claims are set off.

2. By agreement

a. In general

¹ A different participation in the surplus may be agreed by marital agreement.

² Such agreements must not adversely affect the statutory inheritance entitlements of children who are not the common issue of the spouses or those of the issue of such children.

b. On divorce, separation, annulment of the marriage or separation of property by court order

In the case of divorce, separation, annulment of marriage or separation of property by court order, agreements varying the statutory participation in the surplus are valid only if the marital property agreement expressly so provides.

VI. Payment of the participation claim and the share of the increased value

1. Deferred payment

¹ If immediate payment of the participation claim and the share of the increased value would cause serious difficulties for the debtor, he or she may request a deferral.

² Unless otherwise agreed by the spouses, the participation claim and the share of the increased value bear interest as of completion of the division of property and, where justified in the circumstances, security must be furnished.

2. Home and household effects

¹ To ensure that the surviving spouse may maintain his or her accustomed lifestyle, at his or her request he or she will be granted a usufruct of or a right of residence in the home in which the spouses lived and which belonged to the deceased spouse, and this will be set off against his or her entitlement, subject to any contrary provision in the marital agreement.

² On the same conditions, he or she may request that ownership of the household effects be transferred to him or her.

³ Where justified in the circumstances, at the request of the surviving spouse or the other legal heirs of the deceased spouse, ownership of the home may be granted rather than a usufruct or right of residence.

⁴ The surviving spouse may not claim such rights in respect of premises in which the deceased practised a profession or ran a business and which are required by one of his or her issue in order to continue said profession or business, subject to the provisions of agricultural inheritance law.

3. Claims against third parties

¹ If the assets of the debtor or his or her estate are insufficient to cover the participation claim on division of the property, the entitled spouse or his or her heirs may demand from third-party beneficiaries the return of such dispositions as are to be added to the acquired property up to the amount of the shortfall.

² The right to bring a claim is extinguished one year after the spouse or his or her heirs learn of the infringement of their rights, but in any event ten years after the dissolution of the marital property regime.

³ Moreover, the provisions governing claims in abatement under inheritance law apply mutatis mutandis.¹

A. Ownership

I. Categories

The marital property regime of community of property comprises the common property and the individual property of each spouse.

II. Common property

1. General community of property

¹ The general community of property combines the assets and income of the spouses into common property, with the exception of those assets which by law constitute individual property.

² The common property belongs to both spouses jointly.

³ Neither spouse is entitled to dispose of his or her share of the common property.

2. Limited community of property

a. Community restricted to acquired property

¹ By marital agreement, the spouses may restrict community of property to the property acquired during marriage.

² Revenue from individual property becomes common property.

b. Further community of property regimes

¹ By marital agreement, the spouses may exclude from the community of property specific assets or types of assets, such as land, a spouse’s income from work or assets used to practise a profession or run a business.

² Unless otherwise agreed, income from such assets does not become common property.

III. Individual property

¹ Individual property may be created by marital agreement, dispositions by third parties or by law.

² By law, items for the exclusive personal use of a spouse and claims for satisfaction constitute individual property.

³ A spouse’s statutory inheritance entitlement may not pass to him or her from his or her relatives as individual property where the marital agreement provides that such assets are common property.

IV. Proof

All assets are presumed to be common property unless proven to be the individual property of a spouse.

B. Management and power of disposal

I. Common property

1. Everyday housekeeping

¹ The spouses must manage the common property in the best interests of the marital union.

² Within the limits of everyday housekeeping, each spouse may incur commitments on behalf of the marital union and dispose of common property.

2. Extraordinary housekeeping

¹ Outside the limits of everyday housekeeping, the spouses may incur commitments on behalf of the common property and dispose thereof only jointly or individually with the other’s consent.

² Third parties are entitled to presume such consent provided they do not know or cannot be expected to know that it is absent.

³ The provisions governing representation of the marital union are reserved.

3. Use of common property for professional or business purposes

If a spouse practises a profession or runs a business on his or her own using common property with the other’s consent, he or she may conclude all transactions that such activities entail.

4. Renunciation and acceptance of inheritances

¹ Without the other’s consent, a spouse is not entitled to renounce an inheritance which would become common property or accept inheritance of an overindebted estate.

² If the spouse is unable to obtain consent or if it is withheld without good cause, he or she may petition the court.¹

5. Liability and management costs

¹ In relation to dealings concerning common property, on dissolution of the marital property regime, each spouse is liable as if he or she were an agent.

² The costs of management are borne by the common property.

II. Individual property

¹ Each spouse administers and disposes of his or her individual property within the limits of the law.

² If income accrues to individual property, the management costs are borne by such property.

C. Liability toward third parties

I. Full liability

Each spouse is liable with his or her individual property and the common property:

1.

for debts incurred in exercising his or her powers to represent the marital union or in managing the common property;

2.

for debts incurred in the pursuit of a profession or business, provided common property has been used for this or the income therefrom becomes common property;

3.

for debts for which the other spouse is also personally liable;

4.

for debts in respect of which the spouses have agreed with third parties that their common property as well as the debtor’s individual property will be liable.

II. Individual liability

¹ For all other debts a spouse is liable only to the extent of his or her individual property and half the value of the common property.

² Claims arising from the unjust enrichment of the marital union are reserved.

D. Debts between spouses

¹ The marital property regime does not affect the maturity of debts contracted between spouses.

² However, if payment of debts or the restitution of objects owed by a spouse would cause him or her serious difficulties which might endanger the marital union, such spouse may request to be granted a time limit in which to satisfy the claim; the claim is to be secured where reasonable in the circumstances.

E. Dissolution of the property regime and liquidation

I. Time of dissolution

¹ The marital property regime is dissolved on the death of a spouse, the implementation of a different regime or when one of the spouses is declared bankrupt.

² In the case of divorce, separation, annulment of the marriage or a court order for separation of property, the dissolution of the marital property regime takes retroactive effect as of the date on which the application was filed.

³ When determining the composition of common property and individual property, the defining juncture is the dissolution of the marital property regime.

II. Allocation to individual property

Lump sum pension or invalidity benefits received by a spouse that have become common property are added to his or her individual property in the capitalised amount equivalent to the pension or invalidity annuity to which he or she would be entitled on dissolution of the marital property regime.

III. Compensation operations between joint and individual property

¹ Where debts encumbering one category of property were paid out of assets belonging to the other, respective compensation claims between the common property and the individual property of each spouse arise on the dissolution of the marital property regime.

² A debt encumbers the property in relation to which it was incurred, but in the case of doubt it encumbers the common property.

IV. Participation in increased value

Where the individual property of a spouse or the common property has contributed to the acquisition, improvement or preservation of an asset belonging to another category of property, the provisions governing increased value in relation to participation in acquired property apply mutatis mutandis.

V. Valuation

For the purpose of valuing the common property at hand at the time of the dissolution of the marital property regime, the defining juncture is the time of the division.

VI. Division

1. On death or implementation of a different marital property regime

¹ If the community of property regime is dissolved by the death of a spouse or the implementation of a different marital property regime, each party or his or her heirs is entitled to one-half of the common property.

² A different method of division may be agreed by marital agreement.

³ Such agreements must not adversely affect the statutory inheritance entitlements of the spouse’s issue.

2. In other cases

¹ On divorce, separation, annulment of the marriage or separation of property by law or court order, each spouse shall take back from the common property such property as would have been his or her individual property under the participation in acquired property regime.

² The remaining common property is divided equally between the spouses.

³ Agreements to vary the statutory method of division are valid only if the marital agreement expressly so provides.

VII. Division of the property

1. Individual property

If the community of property is dissolved by the death of a spouse, the surviving spouse may request that such property as would have been his or her individual property under the participation in acquired property regime be allocated to him or her and count toward his or her share of the estate.

2. Home and household effects

¹ If the home in which the spouses lived or any household effects belong to the common property, the surviving spouse may request that such property be allocated to him or her and count toward his or her share of the estate.

² Where justified in the circumstances, at the request of the surviving spouse or the other legal heirs of the deceased spouse, a usufruct or right of residence may be granted in lieu of ownership.

³ If the community of property is not dissolved by death, each spouse may make such requests where he or she may show an overriding interest.

3. Other assets

If a spouse demonstrates an overriding interest, he or she may also demand that other assets be allocated to him or her and count toward his or her share.

4. Further provisions

In other respects the provisions governing the division of property in co-ownership and the division of estates apply mutatis mutandis.

A. Management, benefits and power of disposal

I. In general

Within the limits of the law, each spouse shall administer and enjoy the benefits of his or her own property and has power of disposal over it.

II. Proof

¹ Any person who asserts that a specific object or asset is owned by one or other spouse bears the burden of proof.

² If no such proof may be adduced, there is a presumption of co-ownership.

B. Liability toward third parties

Each spouse is liable for his or her debts with all his or her property.

C. Debts between spouses

¹ The marital property regime does not affect the maturity of debts contracted between spouses.

² However, if payment of debts or the restitution of objects owed by a spouse would cause him or her serious difficulties which might endanger the marital union, such spouse may request to be granted a time limit in which to satisfy the claim; the claim is to be secured where reasonable in the circumstances.

D. Allocation of property in co-ownership

Where one spouse shows an overriding interest in gaining sole possession of an object or asset in co-ownership, and notwithstanding any other legal measures available, he or she may request that said object or asset be allocated to him or her in return for compensation.

A. Formation of parent-child relationship in general

¹ The parent-child relationship is formed between child and mother on the birth of the child.

² It is formed between child and father by virtue of the latter being married to the mother, by recognition or by court declaration.

³ Moreover, the parent-child relationship is formed by adoption.

B. ...

A. Presumption

¹ Where a child is born in wedlock, the husband is deemed to be the father.

² If the husband dies, he is deemed to be the father provided the child is born within 300 days of his death or, if born thereafter, if it is shown that the child was conceived before the husband’s death.

³ If the husband has been declared presumed dead, he is deemed to have been the father provided the child is born within 300 days of the life-threatening event or the last sign of life.

B. Challenge

I. Right to challenge

¹ The presumption of paternity may be challenged in court:

1.

by the husband;

2.²

by the child if the spouses cease living together while the child is still a minor.

² The husband’s challenge is directed against the child and the mother, that of the child against the husband and the mother.

³ The husband has no right of challenge if he consented to impregnation by a third party. The child’s right to challenge paternity is subject to the Reproductive Medicine Act of 18 December 1998³.⁴

II. Grounds for challenge

1. In the case of conception in wedlock

¹ If a child was conceived in wedlock, the challenging party must show that the husband is not the father.

² The child is presumed to have been conceived in wedlock if it was born no earlier than 180 days after the wedding and no later than 300 days after the marriage was dissolved as a result of death.²

2. In the case of conception before marriage or while spouses were living apart

¹ If a child was conceived before the marriage was concluded or at a time when the spouses were living apart, no further grounds need be given for the challenge.

² However, in such cases the paternity of the husband is still presumed where the court is satisfied that he had sexual intercourse with the mother around the date of the conception.

III. Time limits

¹ The husband must file the challenge within one year of learning of the birth and of the fact that he is not the father or that another man had sexual intercourse with the mother around the date of the conception, but in any event not later than five years after the birth.

² The child’s challenge must be filed at the latest within one year of attaining the age of majority.²

³ Once these time limits have expired, a challenge of paternity is admissible provided there is good cause for the delay.

C. Conflict of presumptions

¹ Where a child was born within 300 days of the dissolution of the marriage as a result of death and the mother has since remarried, the second husband is deemed to be the father.²

² If this presumption is disproved, the first husband is deemed to be the father.

D. Challenge by the parents

¹ If the husband died or lost capacity of judgement before the time limit expired, his father or his mother may challenge his paternity.

² In this case the provisions governing a challenge by the husband apply mutatis mutandis.

³ The one-year time limit for bringing the claim begins at the earliest on the date on which the father or mother learns of the husband’s death or loss of capacity of judgement.

E. Marriage of the parents

¹ If the parents marry each other, the provisions governing children born in wedlock apply mutatis mutandis to a child born prior to the marriage, providing the paternity of the husband is established by recognition or court declaration.

² Recognition may be challenged:

1.

by the mother;

2.²

by the child or, after his or her death, by his or her issue if the spouses ceased living together while the child was still a minor or if recognition did not occur until after the child's twelfth birthday;

3.

by the husband’s commune of origin or residence;

4.

by the husband.

³ The provisions governing challenge of recognition apply mutatis mutandis.

A. Recognition

I. Admissibility and form

¹ Where the parent-child relationship exists only with the mother, the father may recognise the child.

² Where the recognising person is a minor or subject to a general deputyship or if the adult protection authority has issued a related order, recognition requires the consent of his or her legal representative.²

³ Recognition is effected by means of a declaration made before the civil registrar or by testamentary disposition or, if an action to declare paternity is pending, by a declaration made to the court.

II. Challenge

1. Right to challenge

¹ Recognition may be challenged before the courts by any interested party, namely the mother, the child or, after its death, its issue, and by the commune of origin or domicile of the recognising person.

² The recognising person is entitled to file a challenge only if he or she recognised the child under threat of imminent and substantial risk to his or her own life, limb, reputation or property or to those of a person close to him or her, or in the erroneous belief that he was the father.

³ The challenge is directed against the recognising person and the child, insofar as they themselves are not the challenging persons.

2. Grounds

¹ The challenging person must prove that the recognising person is not the child’s father.

² However, mother and child are only required to prove this if the recognising person may satisfy the court that he had sexual intercourse with the mother around the time of the child’s conception.

3. Time limits

¹ The challenge must be filed within one year of the date on which the claimant learned of the recognition and the fact that the recognising person is not the father, or that another man had sexual intercourse with the mother around the time of the conception, or on which he or she learned of his or her error or on which the threat ceased, but in any event within five years of the recognition.

² In all cases, the child may file the challenge at any time prior to the elapse of one year after attaining the age of majority.²

³ Once these time limits have expired, a challenge of recognition is admissible provided there is good cause for the delay.

B. Action to determine paternity

I. Right to bring the action

¹ Both mother and child are entitled to bring an action to declare the existence of the parent-child relationship between the child and the father.

² The action is brought against the father or, if he has died, in order of priority against his issue, parents or siblings or, where none exist, against the competent authority of his last domicile.

³ If the father has died, the court must inform his wife that the action has been brought so that she may safeguard her interests.

II. Presumption

¹ If the defendant had sexual intercourse with the mother during the period between the 300^th day and the 180^th day before the child’s birth, his paternity is presumed.

² Paternity is also presumed even if the child was conceived prior to the 300^th day or after the 180^th day prior to birth provided the defendant had sexual intercourse with the mother during the period in which the child was conceived.

³ There is no such presumption if the defendant shows that his paternity is either impossible or less probable than that of another man.

III. Time limits

¹ The action is admissible both before and after the birth but must be brought:

1.

by the mother within one year of the birth;

2.²

by the child at any time prior to the elapse of one year after attaining the age of majority.

² If a parent-child relationship already exists with another man, the action may in any event be brought within one year of the date on which said relationship is annulled.

³ Once these time limits have expired, an action for determination of paternity is admissible provided there is good cause for the delay.

A. Adoption of minors

I. General requirements

¹ A minor child may be adopted if the persons wishing to adopt have raised and cared for the child for at least one year and provided the general circumstances suggest that establishing a parent-child relationship would be in the child’s best interests without being unfair for any other children of the adoptive parents.

² Adoption is only possible, if the persons wishing to adopt the child are able to provide for the child up to the child’s majority on the basis of their age and their personal circumstances.

II. Joint adoption

¹ Spouses may adopt a child jointly if they have been in the same household for at least three years and both are at least 28 years old.

² Exceptions from the minimum age may be made if this is necessary for the welfare of the child. The spouses must justify the exception.

III. Adoption by a single person

¹ A person who is not married and does not live in a registered partnership is permitted to adopt a child alone if he or she is at least 28 years old.

² A married person who is at least 28 years old is permitted to adopt alone where the other spouse permanently lacks capacity of judgement or has been of unknown whereabouts for more than 2 years or if the spouses have been separated by court order for more than 3 years.

³ A person living in a registered partnership who is at least 28 years old is permitted to adopt a child alone if his or her registered partner permanently lacks capacity of judgement or has been of unknown whereabouts for more than 2 years.

⁴ Exceptions from the minimum age may be made if this is necessary for the welfare of the child. The person wishing to adopt must justify the exception.

IV. Adoption of a stepchild

¹ A person is permitted to adopt the child of the person:

1.

to whom he or she is married;

2.

with whom he or she lives in a registered partnership;

3.

with whom he or she cohabits.

² The couple must have been in the same household for at least three years.

³ Persons who cohabit are not permitted to be married or to be bound by a registered partnership.

V. Difference in age

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.

VI. Consent of the child and the child protection authority

¹ If the child is capable of judgement, its consent is required for the adoption.

² Where the child has a legal guardian or a legal representative, adoption requires the consent of the child protection authority even if the child is capable of judgement.

VII. Parents’ consent²

1. Form

¹ Adoption requires the consent of the child’s father and mother.

² Such consent must be given by oral or written declaration to the child protection authority of the parents’ or child’s domicile or temporary residence and must be recorded.

³ Such consent is valid even if the persons wishing to adopt are not named or not yet determined.³

2. Time of consent

¹ Consent to adoption may not be given until at least six weeks after the birth of the child.

² It may be revoked within six weeks of having been accepted.

³ Where consent, having been revoked, is given again, it is then final.

3. Dispensing with consent

a. Requirements

The consent of a parent may be dispensed with if the identity of that parent is unknown, or if he or she has been of unknown whereabouts for some length of time, or permanently lacks capacity of judgement.

b. Decision

¹ Where the child is entrusted to persons wishing to adopt with a view to subsequent adoption and the consent of one parent is not forthcoming, the child protection authority at the child’s domicile shall , at the request of the legal guardian or a legal representative, an adoption agency or the persons wishing to adopt, decide whether such consent can be dispensed with, as a rule before the child is placed in care.²

² In all other cases, the decision is made at the time of the adoption.

³ ...³

B. Adoption of an adult

¹ An adult may be adopted if:

1.

he or she is permanently in need of help for physical, mental or psychological reasons and the persons wishing to adopt have looked after him or her for at least one year;

2.

the persons wishing to adopt raised and cared for the person for at least one year while he or she was still a minor; or

3.

there are other good reasons and he or she has lived in the same household with the persons wishing to adopt for at least one year.

² In all other respects, the provisions governing adoption of minors apply mutatis mutandis, with the exception of the provision on parental consent.

C. Effects

I. In general

¹ The adoptive child acquires the legal status of a child of the persons wishing to adopt.

² Previous parent-child relationships are extinguished.

³ The child’s relationship with the parent who:

1.

is married to;

2.

lives in a registered partnership with;

3.

cohabits with;

the adopting person is not extinguished.

II. Name

¹ In the case of joint adoption and adoption by a single person, the minor may be given a new first name if there are good reasons for doing so. Prior to this, the child is heard in person in an appropriate manner by the competent authority or by a third party appointed for this purpose, unless this is inadvisable due to the child's age or for other good cause. If the child is at least twelve years of age, a change of name requires his or her consent.

² The name of the child is determined in accordance with the provisions governing the legal effects of the parent-child relationship. These apply mutatis mutandis to the adoption of the child by the registered partner of its mother or father.

³ The competent authority may authorise an adult to be adopted to continue using his or her existing name if there are good reasons for doing so.

⁴ The change of name of an adult to be adopted does not affect the naming of persons whose name is derived from the previous name of the person to be adopted, unless they expressly agree to a change of name.

III. Citizenship

The citizenship of a minor is determined by provisions governing the legal effects of the parent-child relationship.

D. Procedure

I. In general

¹ Adoption is pronounced by the competent cantonal authority at the adoptive parents’ domicile.

² The adoption requirements must already be met when the application is submitted.²

³ Once the application has been submitted, the death or loss of capacity of judgement of the person wishing to adopt does not preclude the adoption provided the other requirements are still fulfilled.³

⁴ If the child attains the age of majority after the application for adoption has been submitted, the provisions governing the adoption of minors continue to apply provided the requirements for adoption were previously fulfilled.⁴

⁵ The adoption decision shall contain all the information required for entry in the civil register relating to the first name, surname and citizenship of the adopted person.⁵

II. Investigation

¹ An application for adoption may not be upheld until all material circumstances have been thoroughly investigated, where necessary in consultation with the relevant specialists.

² In particular, the investigation must look into the character and health of the persons wishing to adopt and the child, their mutual relationship, their suitability as parents, their financial situation, motives and family circumstances and the history of the child care relationship.²

³ ...³

III. Hearing for the child

¹ The child shall be heard in person in an appropriate manner by the cantonal authority responsible for the adoption procedure or by a third party appointed for this purpose, unless this is inadvisable due to the child's age or for other good cause.

² Minutes shall be kept of the hearing.

³ A child capable of judgement may appeal against a decision to refuse a hearing.

IV. Representation for the child

¹ The cantonal authority responsible for the adoption procedure shall order the child to be represented and appoint a person experienced in welfare and legal matters as the child's deputy.

² If a child with the capacity to consent so requests, a representative must be appointed.

³ The child may challenge the rejection of his or her request by filing an objection.

V. Taking account of the attitude of family members

¹ Where the persons wishing to adopt have issue of their own, the latter’s attitude to the adoption must be taken into account.

² Prior to the adoption of an adult, the attitude of following persons must also be taken into account:

1.

the spouse or registered partner of the person to be adopted;

2.

the biological parents of the person to be adopted

3.

the issue of the person to be adopted, unless this is inadvisable due to their age or for other good cause.

³ These persons shall, if possible, be notified of the adoption decision.

D^bis. Confidentiality of adoption information

¹ The adopted child and the adoptive parents are entitled to confidentiality of adoption information.

² Identifying information about the minor or his or her adoptive parents may only be disclosed to the biological parents if the child is capable of judgement, and the adoptive parents and the child have consented to disclosure.

³ Identifying information about the adult child may be disclosed to the biological parents and their direct descendants if the child has consented to disclosure.

D^ter. Information on the adoption, the biological parents and their issue

¹ The adoptive parents must inform the child of his or her adoption when his or her age or maturity permits.

² A minor is entitled to information about his or her biological parents, provided it is not possible to draw conclusions about their identity. The child shall be given identifying information only if he or she can show an interest worthy of protection.

³ An adult child may at any time request that the personal details of his or her biological parents and further information about them be disclosed to him or her. The adult child may also request that information about the direct descendants of his or her biological parents be disclosed to him or her if the descendants are of age and have consented to the disclosure.

D^quater. Cantonal information centre and tracing services

¹ Information about the biological parents, their direct descendants and the child may be obtained from the cantonal authority responsible for the adoption procedure.

² The authority shall inform the person referred to in the request for information about the request and, where necessary, obtain his or her consent to contact the person requesting information. The authority may delegate these tasks to a specialised tracing service.

³ If the person referred to in the request for information refuses to make personal contact, the authority or the authorised tracing service shall inform the person requesting information and draw his or her attention to the personal rights of the person referred to in the request for information.

⁴ The cantons shall designate a body to provide advice to the biological parents, their direct descendants or the child on request.

D^quinquies. Contact with the biological parents

¹ The adoptive parents and the biological parents may agree that the biological parents be entitled to reasonable contact with the minor. This agreement and any amendments thereto shall be submitted to the child protection authority at the child’s place of residence for approval. The child protection authority or a third party appointed by it shall hear the child in person in an appropriate manner before the decision is taken, unless this is inadvisable due to the child's age or for other good cause. If the child is capable of judgement, its consent is required for the agreement.

² If the best interests of the child are at risk or if there is disagreement about the implementation of the agreement, the child protection authority shall decide.

³ The child may refuse contact with its biological parents at any time. The adoptive parents may not pass on information to the biological parents against the child’s will.

E. Challenge

I. Grounds

1. Lack of consent

¹ Where for no just cause consent has not been obtained, those persons whose consent is required may bring an action to challenge the adoption providing this does not seriously impair the interests of the child.

² However, the parents are not entitled to bring such action where they may appeal against the decision to the Federal Supreme Court.

2. Other defects

¹ If the adoption displays other grave defects, it may be challenged by any interested party and in particular by the commune of origin or domicile.

² However, a challenge is excluded if the defect has been rectified in the interim or if it relates solely to procedural provisions.

II. Time limits

An action to challenge the adoption must be brought within six months of discovering the grounds for the challenge and in any event within two years of the adoption.

F. Adoption agency services

¹ The Confederation is responsible for supervising child adoption agency activities.

² Any person engaging in such activities professionally or in connection with his or her professional activities requires an official licence; this does not apply to agency services rendered by the child protection authority.²

³ The Federal Council enacts the implementing regulations and determines the manner in which the cantonal authorities responsible for placing children in foster care with a view to subsequent adoption are to be involved in assessing fulfilment of the requirements for approval of adoption and in carrying out the necessary supervision.

⁴ ...³

A. Family surname

I. Child of married parents

¹ Where the parents are married to each other but bear different surnames, the child takes the surname that the parents decided would be given to their children when they married.

² Within one year of the birth of their first child, the parents may request that the child take the surname of the other parent.

³ If the parents bear a joint family name, the child takes that name.

II. Child of unmarried parents

¹ If one parent has parental responsibility, the child takes that parent's surname before marriage. If the parents share parental responsibility, they decide which of their surnames before marriage their children should take.

² If joint parental responsibility is established after the birth of the first child, either parent may within a year of its establishment declare before the civil registrar that the child should take the other parent's name before marriage. This declaration applies to all common children, regardless of who is given parental responsibility.

³ If neither parent has parental responsibility, the child takes the mother's name before marriage.

⁴ A change in the allocation of parental responsibility has no effect on names. The provisions on changing names are reserved.

III. Consent of the child

If the child has attained the age of twelve, his or her surname may only be changed if he or she consents.

B. Citizenship

¹ The child acquires the cantonal and communal citizenship of the parent whose surname the child bears.

² Where a child acquires the surname of the other parent while still a minor, the child acquires the cantonal and communal citizenship of that parent.

C. Support and common welfare

Parents and children owe each other such support, consideration and respect as the good of the family community requires.

D. Contact

I. Parents and children

1. Principle

¹ Parents not granted parental responsibility or whose children are not resident with them are entitled to reasonable contact with their minor children, and their children are entitled to contact with them.²

² The child protection authority may remind parents, foster parents or the child of their duties and issue them with instructions where the exercise or failure to exercise contact entitlements is detrimental to the child or where such reminder or direction is required for some other reason.

³ Contact entitlements must be stipulated if either the father or the mother so requests.

2. Restrictions

¹ The father and the mother must refrain from any conduct that impairs the child’s relationship with the other parent or makes the task of the person with custody more difficult.²

² Where contact with the child is not in its best interests, or the parents breach their duties in the course of such contact or have not cared for the child to any meaningful degree, or other good cause exists, the parents’ right of contact with the child may be refused or withdrawn.

³ Where the parents have consented to the adoption of their child or their consent may be dispensed with, their right of contact with the child is extinguished as soon as the child is placed in foster care with a view to future adoption.

II. Third parties

¹ In extraordinary circumstances, a right of contact with the child may also be granted to other persons and in particular to relatives, to the extent this serves the child’s best interests.

² The restrictions on parents’ visiting rights apply mutatis mutandis.

III. Responsible authorities

¹ Responsibility for orders regulating rights of contact with the child lies with the child protection authority at the child’s domicile and with that of his or her place of temporary residence, insofar as the latter has taken or is taking child protection measures.

² If the court regulates parental responsibility, residence or the child maintenance contribution in accordance with the provisions on the divorce and protection of the marital union, it shall also regulate contact.²

³ Where no orders have yet been issued regulating the father’s and mother’s contact entitlements, no contact may be had against the will of the person granted parental responsibility or with whom the child resides.

E. Right to information

¹ Parents who do not exercise parental responsibility should be informed of special events in the child’s life and consulted before important decisions affecting its development are taken.

² They are entitled to obtain information concerning the child’s condition and development from third parties involved in its care, such as teachers and doctors, in the same manner as the person with parental responsibility.

³ The provisions governing responsibility for and limitations on contact with the child apply mutatis mutandis.

A. General

I. Object and scope²

¹ Maintenance is provided by caring for and raising the child and in the form of monetary payments.³

² The parents must, each according to their own abilities, provide for the child’s maintenance, including the costs of caring for and raising the child, his or her education and measures taken for his or her protection.⁴

³ The parents are released from their duty of maintenance to the extent that the child may reasonably be expected to meet the costs thereof from his or her own earnings or other resources.

II. Precedence of maintenance for minors

¹ The duty of maintenance towards a minor shall take precedence over other maintenance duties under family law.

² In justified cases, the court may disregard this rule, in particular in order to prevent any disadvantage to a child entitled to maintenance who is of age.

B. Duration

¹ The parents’ duty of maintenance lasts until the child attains the age of majority.²

² If at that juncture the child has not yet had a suitable education, the parents must pay for his or her maintenance, to the extent conscionable in the overall circumstances, until such time as the child can complete a suitable education within the customary timescale.³

C. Married parents

¹ For the duration of their marriage, the parents bear the costs of maintenance in accordance with the provisions of marital law.

² Each spouse must give the other all reasonable assistance in discharging the duty to maintain children born prior to the marriage.