5 May 2011, Hearing in Swiss Federal Court on Adoption in Registered Partnerships
03/05/2011
Submitted by
The Swiss Rainbow Families Association
Press Release, 2 May 2011
5 May 2011, Hearing in Swiss Federal Court on Adoption in Registered Partnerships
On Thursday, 5 May 2011, the Federal Court of Switzerland will decide for the first time on the constitutionality of the ban on adoption embedded in the Federal Registered Partnerships Act as well as the consequences for the children involved. The plaintiff and the Rainbow Families Umbrella Organisation consider their chances of a positive verdict intact, hoping for an end to discrimination. In any case, the verdict will be groundbreaking in the conversation on equality for gays and lesbians in registered partnerships.
In March 2009, plaintiff Maria von Känel Scheibling petitioned, on her own and her partner’s behalf, her residential municipality in the Zurich Oberland for adoption of her partner’s daughter. The petition was rejected based on the explicit ban on adoption in the Registered Partnerships Act (art. 28). Von Känel Scheibling appealed the decision in District Court and later in the Superior Court of the Canton of Zurich. Both courts denied her appeal, and now the Federal Court will consider the matter on 5 May 2011. The hearing is open to the public. The plaintiff is arguing that the current ban on adoptions is counter to the principle of safeguarding the best interests of the child as the guiding criterion in matters of adoption in registered partnerships. Furthermore, she considers the unequal treatment of the child to be incompatible with the Constitution and counter to children’s fundamental rights.
In practice, the ban on adoption in registered partnerships makes joint custody impossible and rules out mandatory parental support by the stepparent. In case of death of the biological mother, the co-mother’s relationship with the child is not legally protected. Should, on the other hand, the co-mother pass away, the child has no right of inheritance. If the partnership is dissolved, the child has no guarantee of continuing personal contact with the co-mother, nor a legal right to alimony.
Regardless of how the Federal Court decides on 5 May 2011, the verdict will be groundbreaking in the fight for full recognition of alternative family structures.
With a day of action on 7 May 2011, the Rainbow Families Umbrella Organisation wants to send a signal for the repeal of the adoption ban and for complete equality for lesbian, gay, bisexual and transgender persons.
Contact
info@regenbogenfamilien.ch
Maria von Känel Scheibling (vice president), tel. +41 79 611 06 71
The von Känel Scheibling family will be present at the court hearing in Lausanne and will be available for interviews with the media.
Hearing
5 May 2011, 10h30, Federal Court Building in Lausanne, Avenue du Tribunau-Fédéral 29
The Rainbow Families Umbrella Organisation champions the concerns and interests of rainbow families at the federal level. It is the primary contact for all questions related to the topic.
Societal recognition of alternative family structures, an end to discrimination and equality in terms of parental rights are the organisation’s principal demands.
5 May 2011, Hearing in Swiss Federal Court on Adoption in Registered Partnerships
On Thursday, 5 May 2011, the Federal Court of Switzerland will decide for the first time on the constitutionality of the ban on adoption embedded in the Federal Registered Partnerships Act as well as the consequences for the children involved. The plaintiff and the Rainbow Families Umbrella Organisation consider their chances of a positive verdict intact, hoping for an end to discrimination. In any case, the verdict will be groundbreaking in the conversation on equality for gays and lesbians in registered partnerships.
In March 2009, plaintiff Maria von Känel Scheibling petitioned, on her own and her partner’s behalf, her residential municipality in the Zurich Oberland for adoption of her partner’s daughter. The petition was rejected based on the explicit ban on adoption in the Registered Partnerships Act (art. 28). Von Känel Scheibling appealed the decision in District Court and later in the Superior Court of the Canton of Zurich. Both courts denied her appeal, and now the Federal Court will consider the matter on 5 May 2011. The hearing is open to the public. The plaintiff is arguing that the current ban on adoptions is counter to the principle of safeguarding the best interests of the child as the guiding criterion in matters of adoption in registered partnerships. Furthermore, she considers the unequal treatment of the child to be incompatible with the Constitution and counter to children’s fundamental rights.
In practice, the ban on adoption in registered partnerships makes joint custody impossible and rules out mandatory parental support by the stepparent. In case of death of the biological mother, the co-mother’s relationship with the child is not legally protected. Should, on the other hand, the co-mother pass away, the child has no right of inheritance. If the partnership is dissolved, the child has no guarantee of continuing personal contact with the co-mother, nor a legal right to alimony.
Regardless of how the Federal Court decides on 5 May 2011, the verdict will be groundbreaking in the fight for full recognition of alternative family structures.
With a day of action on 7 May 2011, the Rainbow Families Umbrella Organisation wants to send a signal for the repeal of the adoption ban and for complete equality for lesbian, gay, bisexual and transgender persons.
Contact
info@regenbogenfamilien.ch
Maria von Känel Scheibling (vice president), tel. +41 79 611 06 71
The von Känel Scheibling family will be present at the court hearing in Lausanne and will be available for interviews with the media.
Hearing
5 May 2011, 10h30, Federal Court Building in Lausanne, Avenue du Tribunau-Fédéral 29
The Rainbow Families Umbrella Organisation champions the concerns and interests of rainbow families at the federal level. It is the primary contact for all questions related to the topic.
Societal recognition of alternative family structures, an end to discrimination and equality in terms of parental rights are the organisation’s principal demands.
