Civil Status District
Table of Provisions (19)
Statutory Text (19 Articles)
1. The Canton of Schaffhausen constitutes a civil status district with the office located in Schaffhausen.
2. The civil status office is managed by the municipality of Schaffhausen on behalf of the canton. The government council enters into a contract with the municipality of Schaffhausen for the management of the civil status office.
1. Official Language is German.
1. The supervisory authority over the civil registry office appoints, upon proposal from the municipal community of Schaffhausen, the office management and the necessary civil registrars.
1. The civil registry office establishes the business hours and makes them known.
1. Supervisory Authority over the Civil Registry Office is the Office of Justice and Municipalities.
2. The Supervisory Authority issues the instructions necessary for enforcement.
3. It applies for the establishment, modification, and deletion of access rights to the central database Infostar.
1. The supervisory authority decides on appeals against orders issued by the civil status office. The procedure is governed by the Administrative Procedure Act.
2. It exercises disciplinary powers in accordance with Article 47 of the Swiss Civil Code (ZGB) and assesses violations of reporting obligations pursuant to Article 91 paragraph 3 of the Federal Civil Status Ordinance.
1. The records are to be submitted to the supervisory authority for review when there is a foreign element involved in the registration of civil status, in a marriage procedure, or in a procedure for the registration of a partnership, or when foreign law is applicable.
2. The supervisory authority may exempt the civil registry office from the requirement to submit certain recordings or from certain countries for review.
1. The civil registry office dealing with the matter shall confiscate the documents suspected of forgery or unlawful use for the attention of the law enforcement authority.
1. For the notarization of cantonal administrative orders and federal administrative orders pursuant to Art. 2 para. 2 let. b and let. c of the Federal Civil Status Ordinance, a special civil status office, which is affiliated with the Office of Justice and Municipalities, is responsible.
2. Orders of the supervisory authority concerning foreign decisions or documents are notarized by the civil status office (Art. 2 para. 2 let. a of the Federal Civil Status Ordinance).
1. The civil status office is responsible for recording the judgments of cantonal courts as well as federal court judgments when a cantonal court has made the decision in the first instance (Article 2 paragraph 2 letter b and letter c of the Swiss Federal Civil Status Ordinance).
2. The cantonal courts shall notify their judgments to the civil status office of Schaffhausen.
1. The supervisory authority issues the necessary instructions regarding the filing of documents for the certification of civil status data.
1. Originals of the civil status registers and any documents that are no longer required by the civil status office shall be stored in the state archive.
2. After consulting with the state archive, the supervisory authority may order the microfilming or electronic storage of civil status registers and documents, and authorize the destruction of documents after the retention period has elapsed.
1. The office premises pursuant to § 1a para. 3 of the Federal Civil Status Ordinance are located in the facilities of the civil registry office. Their use is free of charge.
2. The use of additional premises requires approval in accordance with Art. 1a para. 4 of the Federal Civil Status Ordinance, with the fee for the use of the premises being waived if it is a room provided by the municipality.
3. In all recognized wedding venues, weddings and the establishment of registered partnerships must also be possible on Saturdays.
1. The death of a person who passed away at their place of residence may be reported to the burial officer or the municipal population control office.
2. The burial officer or the municipal population control office reports the death to the civil registry office; they are responsible for the delivery of the medical death certificate to the civil registry office.
3. In exceptional cases, the burial officer may permit the burial or issue the burial pass without confirmation of the death being reported to the civil registry office. In such cases, the civil registry office must be notified immediately.
1. Responsible for the handling of the following matters
a) * The Child and Adult Protection Authority for receiving the notification regarding the discovery of a foundling.
b) * The Office for Justice and Municipalities for filing the lawsuit to annul a marriage and a registered partnership.
1. The civil registry office may publish births, deaths, and marriages within the civil registry district of Schaffhausen, unless the parties entitled have expressly requested that publication be waived.
1. Upon the entry into force of this regulation, the following are repealed
a) the Regulation on Civil Status Matters (Cantonal Civil Status Regulation) of 17 November 1987
b) the Regulation on the Establishment of a Civil Status District for the Canton of Schaffhausen of 11 March 2003
c) the Regulation on Fees in Civil Status Matters of 26 November 1991
d) the Regulation on the Implementation of the Federal Council's Regulation on the Certificate of Origin of 22 December 1980 (Cantonal Certificate of Origin Regulation) of 9 June 1981
1. Upon the commissioning of the database "Infostar," and subject to federal law, all family registers from 1988 onwards, as well as all individuals born in 1968 or later, shall be retrospectively recorded in the electronic civil status register within five years.
1. This regulation shall enter into force on July 1, 2005, subject to approval by the federal government.
2. It shall be published in the official gazette and incorporated into the cantonal legislative collection.