With judgement of the 7th February 2022, the Swiss Federal Court decided that foreign birth certificates based on surrogacy are not recognised in Switzerland. Instead, the legal parentage is determined according to Swiss law.
This means that the surrogate giving birth is considered the legal mother of the child in Switzerland. The parent-child relationship to the genetic intended father must be established by means of a recognition of paternity, which presupposes that the surrogate is not married. The intended mother, whether genetically related or not, must adopt the child in Switzerland. Until the adoption the surrogate is the holder of sole parental custody and the child is given her name at the time of registration.
With this ruling, the Swiss Federal Court is consolidating its already strict practice, irrespective of the negative consequences for the vulnerable parties involved (child, surrogate and intended parents). For this reason, it is important for couples to obtain information and legal advice at an early stage if they are considering surrogacy abroad. We will be happy to advise and accompany you throughout the entire process.
Summary and Comment on the judgement of the Supreme Court 5A_545/2020
Supreme Court Judgement 5A_545/2020 of 07.02.2022
Back