210
ZGBCC
CH
CH
Art. 266 Codice civile svizzero (CC)
CC; Parte seconda: Della parentela; Titolo settimo: Del sorgere della filiazione ; Capo quarto : Dell’adozione ; B. Adozione di maggiorenni
Art. 266 CC
Una persona maggiorenne può essere adottata se: 1. è durevolmente bisognosa di aiuto per infermità fisica, mentale o psichica e gli aspiranti all’adozione hanno provveduto alla sua cura per almeno un anno; 2. durante la sua minore età, gli aspiranti all’adozione hanno provveduto, per almeno un anno, alla sua cura ed educazione; o 3. esistono altri motivi gravi ed essa ha vissuto, per almeno un anno, in comunione domestica con gli aspiranti all’adozione.
Per altro si applicano per analogia le disposizioni sull’adozione dei minorenni; è eccettuata la disposizione sul consenso dei genitori.
Decisioni giudiziarie che applicano questa disposizione (99)
BGE 151 III 153 (Art. 266 al. 1 ch. 2 CC)
Adult Stepchild Adoption: Flexible Construction of Prior Common Household Requirement for Care and Education During Minority
Basis for the adoption of an adult based on care and education provided during minority; the court interpreted the common household requirement flexibly in this context.
3H 11 14 · lu (Art. 266 Abs. 1 Ziff. 2 ZGB)
Adult Adoption Upheld Despite Biological Parent Relationship
This provision sets the requirement for the adoption of an adult person, which was the core issue decided by upholding the appeal.
VWBES.2025.1 · so (Art. 266 Abs. 1 Ziff. 3 ZGB)
Visa Extension Refusal Upheld: Adoption Purpose Insufficient for Residence Permit
The provision setting the requirement for adoption of an adult, which was cited as the ground for dismissing the appeal regarding the residence permit sought for adoption purposes.
C/2550/2024 · ge (art. 266 al. 1 ch. 2 CC)
Spousal Adoption Eligibility After Divorce
The court referenced this article when discussing the alternative adoption route (by a single person) that would have applied, but which the appellant rejected due to its consequence.
C/23905/2022 · ge (Art. 266 al. 1 CC)
Spousal Stepparent Adoption Denied for Lack of Shared Household
The court confirmed the lower court's decision to reject the adoption because the legal requirement of having maintained a common household for at least one year (under the various paragraphs of this article) was not met.
C/24589/2022 · ge (art. 266 al. 1 ch. 2 CC)
Stepparent Adoption of Adult Daughters Affirmed
This provision establishes the condition fulfilled regarding the care and education provided during the minority of the adoptees, justifying the main decision to grant the adoption.
C/6254/2023 · ge (art. 266 al. 1 ch. 2 CC)
Adoption of Adoptee Raised as Minor Granted
The court found that the condition under this article, concerning care provided during the minority of the adoptee, was realized, justifying the adoption.
C/20275/2021 · ge (Art. 266 al. 1 ch. 3 CC)
Adoption Refused Due to Lack of Shared Household and Employment Influence
The appeal was rejected because the cumulative conditions for adoption under this provision (common household and just reasons) were not met.
C/23905/2022 · ge (art. 266 al. 1 ch. 2 CC)
Stepmother's Petition for Adult Adoption Denied Due to Insufficient Cohabitation
The request for adoption was rejected, in part, based on the failure to meet the continuous cohabitation requirement under this article during the adoptee's minority.
C/23905/2022 · ge (art. 266 al. 1 ch. 3 CC)
Stepmother's Petition for Adult Adoption Denied Due to Insufficient Cohabitation
The request for adoption was rejected, in part, based on the failure to meet the continuous cohabitation requirement under this article, regardless of whether it occurred during minority or majority.
C/18584/2022 · ge (art. 266 al. 1 CC)
Adoption of Spouse's Child Based on De Facto Paternal Relationship
Cited extensively throughout the reasoning as the basis for the requirements for adopting an adult, including the specific conditions under paragraphs 1, 2, and 3.
C/18584/2022 · ge (art. 266 al. 1 ch. 1 CC)
Adoption of Spouse's Child Based on De Facto Paternal Relationship
Cited in the reasoning when discussing the household condition for adoption based on permanent assistance.
C/18584/2022 · ge (art. 266 al. 1 ch. 2 CC)
Adoption of Spouse's Child Based on De Facto Paternal Relationship
The court fully satisfied the conditions under this article to pronounce the adoption based on care provided during the adoptee's minority.
C/18584/2022 · ge (art. 266 al. 1 ch. 3 CC)
Adoption of Spouse's Child Based on De Facto Paternal Relationship
Cited in the reasoning as a secondary basis on which the conditions were met (common household and just motives).
C/18584/2022 · ge (art. 266 al. 2 CC)
Adoption of Spouse's Child Based on De Facto Paternal Relationship
Cited regarding the application by analogy of rules for minor adoption.