13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother Yes
b. oocyte donor No
c. sperm donor No
d. intended mother Yes/No
The intended mother is recognised as the legal mother of the child born through surrogate motherhood if she is an egg donor and if there is a foreign surrogacy judgment, recognisable in Switzerland, which establishes the legal parent-child relationship between the genetic intended mother and the child born through surrogate motherhood.
e. intended father Yes/No
The intended father is recognised as the legal father of the child born as a result of surrogate motherhood if he is a sperm donor and if there is a foreign surrogacy judgment, recognisable in Switzerland, establishing the legal parent-child relationship between the genetic father of intent and the child born as a result of surrogate motherhood.
Note: if this condition is not met, the parent-child relationship between the intended parents and the child born as a result of surrogate motherhood can only be established through adoption.
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes, in most cases the parent-child relationship between the intended parents and the child born as a result of surrogate motherhood can be established through adoption.
15. Is the existence of a genetic link required for establishing paternity/maternity? Yes.
No genetic relationship between the intended parents and the child born of surrogate motherhood is required for adoption. However, the parent-child relationship between the intended parents and the child can only be directly recognised on the basis of a foreign surrogacy judgment (e.g. in the United States) if the intended parents are also the genetic parents of the child.
See also the answer to question 13 above.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother No
b. oocyte donor No
c. sperm donor No
a, b, c - The details of the surrogate mother, egg donor and sperm donor are recorded in the civil register, in the event that the child born after surrogacy wishes to know about them at a later date. However, they do not appear on any official document (birth certificate, etc.). This also applies after the child has been adopted by the intended parents.
d. intended mother Yes
e. intended father Yes
d, e - Yes, if the parent-child relationship between the intended parents and the child born through surrogate motherhood can be recognised in Switzerland (see also question 13), the intended parents will be entered in the civil status register as the child's legal parents and will appear on civil status documents (birth certificate, etc.). This also applies if the child is adopted by the intended parents.
17. Are foreign birth certificates in surrogacy cases registered in your country No, foreign birth certificates are never recognised directly in surrogacy cases. It is only when there is a foreign judgment that can be recognised in Switzerland (art. 70 LDIP), which establishes the parent-child relationship with the intended (genetic) parents, that the foreign birth certificate drawn up on the basis of the judgment can also be recognised (case law of the Federal Court).