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Art. 264a Codice civile svizzero (CC)
CC; Parte seconda: Della parentela; Titolo settimo: Del sorgere della filiazione ; Capo quarto : Dell’adozione ; A. Adozione di minorenni; II. Adozione congiunta
Art. 264a CC
I coniugi possono adottare congiuntamente un minorenne se vivono in comunione domestica da almeno tre anni e se entrambi hanno almeno 28 anni.
È possibile derogare all’età minima se è necessario per tutelare il bene del minorenne. I coniugi devono motivare la richiesta di una deroga.
Decisioni giudiziarie che applicano questa disposizione (76)
C/1299/2023 · ge (art. 264a al. 1 CC)
Joint Adoption Approval Following Fostering Period
Cited as a fulfilled condition for joint adoption by spouses.
C/17475/2022 · ge (art. 264a al. 1 CC)
Adoption of Thai Minors by Geneva Residents
Verified as a prerequisite for granting the adoption (duration of joint household).
C/7566/2022 · ge (art. 264a al. 1 CC)
Adoption of Thai Minor by Geneva Couple Granted
Cited to confirm the required duration of the common household and age requirements for the adopters.
C/12674/2022 · ge (art. 264a al. 1 CC)
International Adoption Finalization of Minor Born in Thailand
Cited as having been fulfilled regarding the minimum duration of cohabitation for the adopting couple.
C/7476/2022 · ge (art. 264a al. 1 CC)
Adoption of Minor Child from the Philippines and Granting of Nationality
Cited to confirm that the conditions for joint adoption by spouses (cohabitation and age) are met.
C/20279/2021 · ge (art. 264a al. 1 CC)
Adoption of Thai Child by Geneva Couple Upheld
Cited in the reasoning section as a condition for adoption fulfilled regarding the requesters' marital status and age.
C/12279/2021 · ge (art. 264a al. 1 CC)
Joint Adoption of Intercountry Minor Child Granted
Basis for confirming that the spouses meet the requirements for joint adoption (marriage duration and age).
C/23574/2020 · ge (art. 264a al. 1 CC)
Adoption of Adult with Established Familial Bonds Granted
Cited to confirm the conditions for adoption by spouses were met.
C/27263/2020 · ge (art. 264a al. 1 CC)
Adoption of Child Under Hague Convention
Cited as a fulfilled condition regarding the duration of the common household and the age of the adopters.
C/20785/2020 · ge (art. 264a al. 1 CC)
Adoption of Algerian Child Under Swiss Private International Law
The requirements regarding the marriage duration and the age of the adopters were met, justifying the adoption.
C/9109/2020 · ge (art. 264a al. 1 CC)
Joint Adoption of Minor Child Born in Philippines Granted
Substantive basis cited in the reasoning confirming that the spouses met the marriage duration and age requirements for joint adoption.
C/9118/2020 · ge (art. 264a al. 1 CC)
Adoption of Somali Minor by Geneva Domiciled Couple
Used to confirm that the couple has been living together for over three years.
C/20652/2019 · ge (art. 264a al. 1 CC)
Adoption of Adult Former Foster Child by Guardians Upheld
Cited as the legal basis confirming the condition regarding the age and cohabitation period of the spouses seeking to adopt.
C/1719/2020 · ge (art. 264a al. 1 CC)
Joint Adoption After Relinquishment and Consent
Cited in the reasoning section to confirm that the spouses meet the conditions for joint adoption (age and duration of cohabitation).
C/9471/2018 · ge (art. 264a CC)
Adoption Grant Despite Biological Father's Consent Not Being Re-sought
The court found that the condition of the appellants having lived in a common household for three years was met, allowing for joint adoption under this article.