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Art. 264c Schweizerisches Zivilgesetzbuch (ZGB)
ZGB; Zweite Abteilung: Die Verwandtschaft; Siebenter Titel: Die Entstehung des Kindesverhältnisses ; Vierter Abschnitt : Die Adoption; A. Adoption Minderjähriger; IV. Stiefkindadoption
Art. 264c ZGB
Eine Person darf das Kind adoptieren, mit dessen Mutter oder Vater sie: 1. verheiratet ist; 2. in eingetragener Partnerschaft lebt; 3. eine faktische Lebensgemeinschaft führt.
Das Paar muss seit mindestens drei Jahren einen gemeinsamen Haushalt führen.
Personen in einer faktischen Lebensgemeinschaft dürfen weder verheiratet noch durch eine eingetragene Partnerschaft gebunden sein.
Gerichtsentscheide zu dieser Bestimmung (99)
C/2550/2024 · ge (art. 264c CC)
Spousal Adoption Eligibility After Divorce
The court confirmed the lower authority's decision, which was based on the unmet formal conditions of adoption under this article (specifically the requirement of cohabitation in a couple relationship).
810.23.197 · bl (Art. 264c Abs. 1 Ziff. 3 und Abs. 2 ZGB)
Adult adoption denied due to lack of current de facto partnership and shared household.
These provisions require a current factual community of life and a common household for stepchild adoption, which were not met at the time of the application.
C/24589/2022 · ge (art. 264c al. 2 CC)
Stepparent Adoption of Adult Daughters Affirmed
This provision establishes the condition regarding the duration of the common household between the spouses, which was fulfilled and thus supported the granting of the adoption.
C/12678/2022 · ge (art. 264c CC)
Adoption by Former Partner Denied Due to Lack of Current Shared Household Requirement
The appeal was rejected because the formal conditions for adoption of a partner's child, as stipulated in this article, were not met.
C/6935/2022 · ge (art. 264c al. 1 ch. 2 CC)
Adoption of IVF-Conceived Child by Non-Biological Parent
Cited as the basis for permitting a person to adopt the child of their registered partner.
C/6935/2022 · ge (art. 264c al. 2 CC)
Adoption of IVF-Conceived Child by Non-Biological Parent
Cited regarding the requirement for the couple to have lived together for at least three years.
C/18584/2022 · ge (art. 264c al. 1 ch. 1 CC)
Adoption of Spouse's Child Based on De Facto Paternal Relationship
Cited as the potential basis for adopting a spouse's child.
C/18584/2022 · ge (art. 264c al. 2 CC)
Adoption of Spouse's Child Based on De Facto Paternal Relationship
The court noted that the condition regarding the duration of marriage (three years) was met as the spouses have been married since 2004.
C/6509/2021 · ge (art. 264c al. 1 ch. 1 CC)
Spousal Adoption of Child Born via Surrogate Granted
Article cited as the basis for allowing the adoption by a person of their spouse's child.
C/6790/2022 · ge (art. 264c al. 1 ch. 1 CC)
Stepparent Adoption Granted Based on Child's Best Interest and Parental Consent
This article specifies the condition that one person can adopt the child of their spouse, which is the basis of this specific adoption request.
C/1492/2022 · ge (art. 264c al. 1 ch. 2 CC)
Adoption by Registered Partner Following Conception via Anonymous Sperm Donor
Cited as the specific basis allowing adoption of a partner's child.
C/1492/2022 · ge (art. 264c al. 2 CC)
Adoption by Registered Partner Following Conception via Anonymous Sperm Donor
Cited in the reasoning confirming the three-year cohabitation requirement for partner adoption was met.
C/23899/2022 · ge (art. 264c al. 1 CC)
Stepfather's Adoption of Adult Stepdaughters Granted Due to Long-Standing Familial Relationship
Although cited in the reasoning to establish conditions for adoption of a spouse's child, this provision is not explicitly cited in the final orders which grant the adoption based on established facts.
C/17472/2022 · ge (art. 264c al. 1 ch. 1 CC)
In Re Adoption of Adult Son by Wife's Spouse
Cited as one of the substantive conditions fulfilled for the adoption of an adult (adoption of spouse's child).
C/17472/2022 · ge (art. 264c al. 2 CC)
In Re Adoption of Adult Son by Wife's Spouse
Cited in the reasoning section to confirm that the three-year cohabitation requirement for adoption of a spouse's child was met.