Regulation concerning the Reception of Adoptees

This Regulation governs the procedure for authorizing the reception of adoptable children and the related supervision.

[1] 1 The Office for Aid and Protection (UAP) is the sole cantonal authority within the meaning of Art. 316 para. 1 bis CC and the Cantonal Central Authority (ACC) pursuant to Art. 3 LF-CAA.

2 The UAP is competent

a) to fulfil the tasks assigned to the Cantonal Central Authority by Art. 3 LF-CAA;

b) to handle the procedure for issuing the authorization to receive a minor for the purpose of adoption (Art. 316 para. 1 bis CC);

c) to monitor the foster relationship until adoption and supervise it;

d) to carry out investigations and prepare opinions for the attention of the Federal Office of Justice, particularly concerning the issuance of authorizations for adoption placement agencies (Art. 12 OAdoz), provide statistical data, and determine the costs of the adoption procedure;

e) to appoint an expert to represent the adoptee (Art. 268a ter CC);

f) to fulfil the tasks assigned to the Cantonal Information Service (Art. 268d CC).

[1] Art. amended by R 24.1.2018; in force since 1.1.2018 - BU 2018, 45.

The UAP, after verifying the conditions set forth in Article 5 OAdoz, issues the certificate of suitability.

[2] 1 As part of the assessment of suitability of prospective adoptive parents (Art. 5 OAdoz), the UAP verifies that they have participated in the required training program.

2 For the organization of the training, the UAP may rely on external public or private partners with proven experience and with whom it will agree on the program and contents.

3 Upon a motivated request from prospective adoptive parents, alternative training programs may be approved by the UAP if deemed equivalent and suitable.

4 The costs of participation in the training are directly borne by the prospective adoptive parents.

[2] Art. amended by R 24.1.2018; in force since 1.1.2018 - BU 2018, 45.

Upon expiry of its validity, which has a maximum duration of three years (Art. 6 OAdoz), the certificate of suitability may be renewed for a further three years, after a new examination of the conditions set forth in Art. 5 OAdoz.

[3] The UAP, after examining the documentation referred to in Art. 7 OAdoz, issues an authorization to prospective adoptive parents for the reception of a specific minor.

[3] Art. amended by R 24.1.2018; in force since 1.1.2018 - BU 2018, 45.

[4] Prior to the issuance of the authorization, the UAP verifies that prospective adoptive parents have declared in writing their willingness to follow the training course even during the first year of the minor's placement.

[4] Art. amended by LR 24.1.2018; in force from 1.1.2018 - BU 2018, 45.

Should the minor's entry into Switzerland be necessary before the authorization is issued, the UAP will issue an entry approval decision.

[5] **1** Persons aspiring to adopt are obliged to communicate to the UAP every important change in their situation, in particular changes within the scope of cohabitation or the living community, as well as changes of residence.

**2** They are also obliged to communicate the arrival of the minor to the UAP within ten days.

[5] Art. modified by R 24.1.2018; in force since 1.1.2018 - BU 2018, 45.

[6] **1** Within the authorisation procedure, the UAP levies the following fees from prospective adoptive parents

– administrative costs for opening a file: CHF 150.–;

– social assessment: CHF 700.–.

**2** Expenses related to administrative costs are invoiced at the time the file is opened, while those for the social assessment are invoiced during the suitability assessment phase.

**3** Any expenses caused by the involvement of external partners shall be borne directly by the prospective adoptive parents.

**4** The processing of requests for information about the adopted person (Art. 268b CC), the biological parents and their direct descendants (Art. 268c CC), as well as counselling for biological parents, direct descendants, or the adopted person, may be charged to the applicant at a rate of CHF 75.– per half hour.

[6] Art. amended by R 24.1.2018; in force since 1.1.2018 - BU 2018, 45.

The contraventions referred to in Article 11 OAdoz are inflicted by the Division of Social Action and Families (DASF). Cases of particular gravity are transmitted to the Public Prosecutor's Office.

1. **Appeals against UAP Decisions**

An appeal against decisions of the UAP may be lodged with the Council of State within 30 days from the date of notification. [7]

2. **Appeals against Council of State Decisions**

An appeal against decisions of the Council of State may be lodged with the Protection Chamber of the Court of Appeal within 30 days from the date of communication.

[7] Paragraph amended by R 18.2.2014; in force since 1.3.2014 - BU 2014, 117.

The Ordinance of 8 November 1988 on the placement of minors for adoption is repealed.

This Regulation shall be published in the Official Gazette of Laws and Executive Acts and shall enter into force immediately. [8]

Published in OG 2013, 411.

[8] Date of entry into force: October 15, 2013 - OG 2013, 411.