Adopted in Switzerland, do I have Swiss nationality?

Adopted in Switzerland, do I have Swiss nationality?

"I lived in Geneva from the age of 2-3 until I was 15, when I was adopted by my godfather and godmother, who lived there. When my adoptive parents died, I found out that I had never been registered with the authorities, even though I went to school in Geneva. I returned to my remaining family in France. Now that I'm 20, I'd like to claim my Swiss identity. How do I go about it?

Alex, France

A distinction must be made between adoption by Swiss parents and adoption by foreign parents living in Switzerland.

If your adoptive parents were Swiss and your adoption was validly pronounced by the Geneva authorities, in accordance with art. 268 of the Civil Code (CC), then you became Swiss simply by applying article 7 of the federal law on the acquisition and loss of Swiss nationality (LN), which stipulates that when a foreign minor child is adopted by a Swiss national, he or she acquires the cantonal and communal citizenship of the adopter and, at the same time, Swiss nationality.

However, in the case of adoption by foreign parents in Switzerland, the situation is different, as the child cannot acquire Swiss nationality by right. In such a case, if the conditions are met, it is possible to apply for ordinary naturalisation.

Foreign nationals wishing to become naturalised must first obtain a permit from the Federal Office for Migration for a specific canton and for a period of three years, in accordance with the procedure set out in Articles 12 to 15 of the LNA. The granting of this authorisation is subject to conditions relating to the applicant's suitability for naturalisation and length of residence in Switzerland. The authorities examine whether the applicant has integrated into the Swiss community, become accustomed to the way of life and customs, conforms to the legal system and does not jeopardise Switzerland's internal or external security. Obtaining the federal authorisation does not confer any right to naturalisation, but it does constitute the Confederation's "green light" for the acquisition of Swiss nationality and allows the applicant to apply for naturalisation in the relevant canton and commune.

It should be emphasised that foreign nationals may only apply for such authorisation if they have been resident in Switzerland for twelve years, including three years in the five years preceding the application. In this calculation, the time the applicant has spent in Switzerland between the ages of 10 and 20 counts double. So, even if you have lived in Switzerland for more than 12 years, you have been living in France for 5 years and therefore do not meet this last condition for initiating a naturalisation procedure.