Facts
M.W. married V.S. on June 7, 1985, who brought two children, K.S. and L.S., into the marriage. This marriage was divorced on May 14, 1991. On June 19, 1991, K.S. gave birth to a son, whose father is her stepfather M.W. On March 22, 1994, she gave birth to a second son to him. On March 9, 1995, the surname of the two sons was changed from S. to W.
On September 25, 2000, M.W. and K.S., who have been living in a de facto union for years, filed an application with the Civil Registry Office of the Chur District for the preparation of their marriage. By order of September 26, 2000, the Civil Registry Office rejected the application due to the existence of a marriage impediment pursuant to Art. 95 para. 1 no. 2 CC. The appeal filed by M.W. and K.S. against this was unsuccessful.
Considerations
The Federal Supreme Court confirmed the rejection of the applicants' request for the preparation of their marriage. In the court's view, the prohibition of marriage for stepfamily relationships under Art. 95 para. 1 no. 2 CC also applies if children are born from the relationship between the stepparent and the stepchild.
The court stated that the prohibition of marriage for stepfamily…