How do you adopt your wife's daughter?

 "My 16-year-old daughter, from a previous relationship, has had no contact with her biological father for almost 12 years. I don't even know where he lives. I've been remarried for 10 years and have had two other children. My husband has watched my daughter grow up and considers her to be his own, a sentiment she shares. Is it possible for my husband to adopt her? " 

C, Versoix

The adoption of a stepchild is indeed a possibility under Swiss law, as set out in article 264c of the Civil Code. The conditions for this particular type of adoption do not differ fundamentally from those that apply in an ordinary case, and an investigation must first be carried out to determine whether the requirements laid down by law have been met.

The couple must have been living together for more than three years. In addition, the applicant must have provided appropriate care and upbringing for the child for more than one year. Lastly, the difference in age between the child and the adopter must be no less than 16 and no more than 45, except in exceptional cases.

As in ordinary adoption, the child's interests take precedence over all other considerations. Insofar as the child is capable of discernment, his or her opinion will carry considerable weight. The adopter's descendants may also be heard.

The special feature of adoption by a spouse is the relationship with the biological parent. The latter's consent is therefore generally required. However, there are cases where it is possible to dispense with the consent of the biological parent, particularly if he or she has been absent for a long time. Given the particularly incisive nature of the severance of the parent-child relationship, the investigation will also aim to determine whether such circumstances have arisen.

If the result of the investigation is positive, the judge will check that your marriage appears to be solid and lasting and that your daughter has created a clear emotional bond with her stepfather. He will probably try to contact her biological father to give him the opportunity to talk about the situation you describe. On the basis of these elements, the court may order the adoption and, where applicable, the severance of previous filiation ties between your child and his biological father. It may also rule on the child's surname, if it is not the same as that of the rest of your family, and on the child's right of citizenship.