Civil Status Act (LEC) - Object (LEC)

1. The purpose of this law is, in particular

a. to designate the competent authorities in civil status matters and their scope of activity;

b. to define the organizational principles of Vaud civil status;

c. to regulate the service relationships of civil status officers and other persons employed in civil status;

d. to regulate the supervision of civil status.

1. The Canton of Vaud constitutes a single civil registry district, designated as the "Civil Registry Office of the Canton of Vaud," with its seat in Lausanne.

1. The Council of State enacts the implementing provisions of federal and cantonal law.

2. The regulations specify, in particular, the following aspects

a. the organization of cantonal civil status authorities;

b. the recruitment and training of civil status officers and personnel employed in civil status matters;

c. the management of activities pertaining to civil status;

d. the supervision of operations and activities relating to civil status;

e. the preservation of supporting documents and the archiving of registers.

1. The Civil Status Office [D] (hereinafter: the Office) is the competent cantonal supervisory authority within the meaning of Article 45 of the Civil Code [A] (CC).

2. It exercises the powers reserved to this authority by the Civil Code [A] and the Federal Ordinance on Civil Status [B] (FOCS), including

a. it supervises the civil status office and conducts necessary inspections;

b. it assists and advises civil registrars;

c. it collaborates in maintaining the electronic register and in procedures related to the recording of civil status declarations and events;

d. it decides on the recognition and transcription of civil status acts and facts that occurred abroad and of civil status decisions made by foreign authorities;

e. it proceeds with the hiring of persons employed in the field of civil status;

f. it ensures the training and further education of civil registrars and persons employed by the cantonal supervisory authority;

g. it provides for the preservation of data from conventional registers kept on paper or in electronic form since 1876 according to Article 6a, paragraph 1 FOCS and of supporting documents;

h. it ensures the archiving of registers;

i. it initiates actions for the establishment of civil status and actions for the entry, rectification, or deletion of disputed data relating to civil status (Art. 42 CC).

1. The department in charge of civil status [D] is the competent authority for

a. authorizing a change of surname and given name (Art. 30, para. 1 CC);

b. pronouncing adoption (Art. 268 CC).

**1. Civil registry officers are employed by the service and subject to the personnel legislation of the State [E] [F] of Vaud, subject to paragraph 2 and the specific rules provided by federal legislation.**

2. The service may impose additional conditions for the position of civil registry officer, training, and the undertaking of basic training (art. 4, para. 6 OEC).

3. Civil registry officers, as well as the staff of the office and the supervisory authority of civil status, perform the tasks incumbent upon them under federal law.

1. The service provides municipal rooms where marriages can be celebrated.

2. The aforementioned rooms are arranged at the expense of the municipality in which they are located, in a municipal building suitable for this purpose. They must be approved by the service.

3. The celebration of marriages may also take place in private rooms previously approved by the service in accordance with Art. 1a, para. 4 OEC.

4. The service regulates the hours of marriage celebrations.

1. Foreign decisions and acts concerning civil status must in principle be original, complete, and up-to-date documents.

2. The officer, as well as the collaborator of the supervisory authority, may grant exceptions to the obligation, provided for in Art. 3, para. 4 OEC, to accompany documents drafted in a language other than the official Swiss languages with a certified translation.

3. The cantonal supervisory authority may request the examination of the authenticity of foreign decisions or civil status acts and their legalization by the competent Swiss representation.

1. The competent authority to receive the notice of discovery of a child of unknown parentage within the meaning of Article 38, para. 1 of the OEC is the mayor of the municipality in whose territory the child is found.

2. The mayor shall report the birth to the civil status office of the canton of Vaud within a period of three days, in accordance with Article 38 of the OEC.

1. The request for adoption and for a change of name and surname must be submitted in writing to the department, which may take necessary investigative measures.

2. The department may conduct an inquiry. If it intends to reject the request, it must first hear the applicant.

3. In the case of a favorable decision, the department ensures that the notifications provided for in Articles 49, paragraph 1, letter b, and 49a, paragraph 1, letter b of the Civil Status Ordinance, as well as any notifications required by cantonal law, are carried out.

1. Decisions made by the civil status office can be appealed to the cantonal supervisory authority, subject to paragraph 2.

2. If the cantonal supervisory authority, in a specific case, has directed the civil status office to make a decision or has provided instructions regarding the content of this decision, the appeal is to be submitted to the Cantonal Court.

1. The competent authority to prosecute and adjudicate offenses in accordance with Article 91 OEC [B] is the Prefect. The procedure is governed by the Act of May 19, 2009, introducing the Swiss Code of Criminal Procedure [G].

1. The civil status authorities of Vaud may process personal data and civil status documentation necessary for the fulfillment of their legal duties and for the registration of individuals and civil status events in the electronic civil status register through an electronic document management system (EDMS).

2. The protection, security, and preservation of data concerning civil status contained within the EDMS are governed by federal law.

1. The service collects the fees, charges, and disbursements for civil status operations carried out by civil status officers and the cantonal supervisory authority according to federal legislation.

1. The department levies the following emoluments for its own areas of competence

a. Pronouncement of adoption: Fr. 400.-- to Fr. 2,000.--

b. Authorization to change surname or given name: Fr. 150.-- to Fr. 2,000.--

2. In addition to the emoluments provided for in the first paragraph, the department may levy an emolument of 75 francs per half-hour for special expenses.

3. Special expenses include, in particular, costs of research, study, investigation, expert appraisal, local inspection, file communication or information, archive searches or other similar operations not specifically provided for, as well as disbursements (postage, telephone, consultation fees, file copies, etc.) related to specific procedures or requests.

4. The department may require a prior deposit of an advance payment for costs equivalent to the emoluments, special expenses, and disbursements.

5. Exemption from paying all or part of the emoluments, special expenses, and disbursements may be granted in cases of duly established indigence.

1. The Civil Status Law of November 25, 1987, is repealed.

1. This law is subject to the approval of the Confederation (Art. 49 para. 3 CC).

1. The Council of State is responsible for executing the present law. It shall publish the text in accordance with Article 84, paragraph 1, letter a, of the Cantonal Constitution and shall set, by order, the date of its entry into force.