Facts
Maria von Känel, born on May 20, 1971, has been living in a registered partnership with Martina Rahel Scheibling, born on February 11, 1971, since March 9, 2007. The latter is the biological mother of the child Sina Rayelle Scheibling, born on March 9, 2009.
By letter dated March 9, 2010, Maria von Känel filed an application with the Guardianship Authority of Greifensee to adopt Sina Rayelle. The Guardianship Authority requested the rejection of the application, which was confirmed by the District Council of Uster and later also by the High Court.
Maria von Känel then filed a civil law appeal with the Federal Supreme Court to obtain approval for the adoption.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it was considered. It stated that persons living in a registered partnership are not permitted to adopt or to adopt a stepchild under the applicable law. This results from Art. 28 of the Federal Act on Registered Partnerships of Same-Sex Couples and Art. 264a para. 3 of the Swiss Civil Code.
The Federal Supreme Court left open whether the adoption ban contained in Art. 28 PartG is compatible with the Federal Constitution and international law. This is because in the present case, there was no discrimination against married couples. Adoption by the stepparent is only possible according to Art. 264a para. 3 ZGB after at least five years of…