Resumption of single citizenship by a married Swiss woman - no extension to her children born before 1988

Facts

Swiss citizen M. E. married a foreign national in 1977. This marriage produced two daughters who acquired the citizenship of the Canton of Solothurn. In 1988, M. E. [B.] made use of the possibility to resume her original citizenship of Schaffhausen. However, her request to also include her two minor daughters in this citizenship was rejected.

M. E. [B.], her husband, and the two daughters filed an administrative court appeal against the rejection decision. The Federal Supreme Court dismissed the appeal.

Considerations

According to Art. 8b Final Provisions of the Swiss Civil Code, only the Swiss woman who married under the previous law is entitled to resume her single citizenship. The law does not provide for an extension of this possibility to her children born before January 1, 1988, who hold the citizenship of the mother.

With Art. 8b Final Provisions of the Swiss Civil Code, the legislator merely intended to eliminate the unequal treatment of wives under the old law and to place them in the future as if they had never lost their single citizenship. A further retroactive effect on the children was not intended.

The…