LGBTQIA+
Since the introduction of marriage equality (July 1, 2022), same-sex couples in Switzerland have been able to marry and jointly adopt a child, and married female couples have access to sperm donation from a Swiss sperm bank—with the genetic mother’s spouse automatically recognized as a parent from birth. However, not every situation is already legally covered: in cases of private or foreign sperm donation, unmarried couples, surrogacy abroad, or an existing registered partnership, the legal status of the second intended parent remains unresolved until a stepchild adoption process has taken place. We clarify your situation early on, guide you through the adoption process, and ensure legal protection for cross-border situations so that your family is legally protected as quickly and comprehensively as possible.
Contact: contact@alkatout-legal.ch | +41 22 512 04 05
Since July 1, 2022, marriage in Switzerland is accessible to same-sex couples. Since then, married same-sex couples have been able to adopt a child jointly—no longer limited to stepchild adoption, but in principle also as joint adopters. Married female couples also have access to sperm donation from an approved Swiss sperm bank; the donation is not anonymous, and the child may request information about the donor upon reaching the age of majority. Since the reform, no new registered partnerships may be established; existing partnerships remain valid or can be converted into a marriage at any time by means of a joint declaration at the civil registry office.
If a same-sex female couple is married at the time of birth of their child and the child was conceived through sperm donation in accordance with the provisions of the Reproductive Medicine Act, the genetic mother’s spouse is automatically considered the second parent from birth under Art. 255a of the Swiss Civil Code—without the need for adoption proceedings. However, this automatic designation does not apply in every situation: in the case of a private sperm donation, a sperm donation abroad, or if the couple is not married at the time of birth, the only legal parent-child relationship is with the birth parent. The second parent must then acquire legal parenthood through stepchild adoption—resulting in a transitional period during which the child has only one legal parent.
Since January 1, 2018, stepchild adoption is available to same-sex couples, regardless of whether they are married, in a registered partnership, or living in a de facto relationship. Many affected families consider the process to be lengthy and stressful. On March 2, 2026, the National Council approved a bill to simplify stepchild adoption; it is yet to be confirmed by the Council of States and is then subject to an optional referendum. The bill merely simplifies the existing regulations, the adoption procedure will still be required. We guide you through the adoption process and safeguard your family’s rights.
REGISTERED PARTNERSHIP: CONTINUE OR CONVERT TO MARRIAGE
Couples who entered into a registered partnership before 2022 may keep their situation as it is or convert it to a marriage at any time by submitting a joint declaration to the civil registry office. For families hoping to have children, the difference is significant: only married female couples have access to legally regulated sperm donation in Switzerland, and only married couples are subject to automatic parenthood under Art. 255a of the Swiss Civil Code. We assess for you whether and when a conversion makes sense—including with regard to the implications under matrimonial property law and pension law.
SURROGACY AND THE DESIRE TO HAVE CHILDREN ABROAD: INTERNATIONAL
RECOGNITION
Egg donation and surrogacy remain prohibited in Switzerland for all couples—regardless of gender or sexual orientation. Same-sex couples wishing to have children therefore often turn to surrogacy or similar procedures abroad. Recognition in Switzerland of the parent-child relationship established abroad is limited: As a general rule, only the genetic parent is initially recognized as the legal parent, while the other parent must typically go through the process of stepchild adoption here as well. We provide strategic advice even before treatment abroad so that subsequent recognition in Switzerland proceeds as smoothly as possible, and we assist with the recognition and adoption procedures after your return. Our focus here is on cross-border situations, particularly those involving the United States, Georgia, Ukraine, Greece, Spain, the Netherlands, the United Kingdom, Mexico and Colombia.
In their daily lives, rainbow families often encounter government agencies and institutions that are unfamiliar with their family structure—which makes specialized, reliable support all the more important. We have in-depth knowledge of Swiss reproductive medicine and adoption laws and represent you discreetly and strategically, without having to go through an anonymous corporation. With us, you speak directly with the attorney. In complex situations, we draw on our specialized network as needed—such as communication specialists for dealing with government agencies or professionals providing psychological support to the family. As a firm based in Geneva with a network of partners in more than 80 countries, we reliably guide internationally formed rainbow families through the recognition process in Switzerland.
Yes. Since the introduction of marriage equality on July 1, 2022, marriage has been open to same-sex couples, as has the joint adoption of a child. Married female couples also have access to sperm donation through a Swiss sperm bank.
Yes, provided the couple is married at the time of the birth and the child was conceived through sperm donation in accordance with the Reproductive Medicine Act (Art. 255a of the Swiss Civil Code). This automatic provision does not apply in cases of private or foreign sperm donation.
Initially, the child has only one legal parent. The second intended parent must establish parenthood through stepchild adoption, which has been possible since 2018 regardless of the couple’s marital status.
Yes, at any time by filing a joint declaration with the civil registry office. This can be particularly relevant in cases involving access to sperm donation and automatic parentage.
With certain limitations: As a general rule, the biological parent is recognized first; the second parent typically needs to adopt the stepchild. We review your specific circumstances in advance.