Right of the Adopted Child to Knowledge of their Origin

Facts

The unmarried A.A. gave birth to a boy on August 7, 1968, who was given the name C.A. After the birth, the child was placed with foster parents, who adopted him in 1973 and gave him the name B.B. By letter of January 15, 1998, B.B. requested disclosure of his biological origin. The child's mother, A.A., opposed the disclosure of her identity, arguing that confidentiality had been assured to her when she released the child for adoption.

The District Governor of the Lucerne administration ordered that the applicant's identity be disclosed to the respondent after the decision became final. An appeal by A.A. against this was dismissed by the Government Council of the Canton of Lucerne. A.A. then filed a constitutional complaint with the Federal Court, alleging violation of the right to be heard, arbitrary establishment of the facts or arbitrary evaluation of the evidence, and violation of the principle of good faith.

Considerations

The Federal Court had to examine whether the adopted child has a right to knowledge of their origin. The Higher Court had decided that the adopted child has an unconditional claim to disclosure of the identity of their biological mother. The complainant argued that the Higher Court had wrongly granted the respondent an unconditional claim to knowledge of their origin.

The Federal Court found that the right to knowledge of one's origin is an aspect of constitutional and treaty-based protection of personality or personal freedom. This right includes the adopted child's claim to access to the concealed entries concerning their origin. The claim to know one's biological parents may conflict with constitutional…