Facts
Spouses A. and B., domiciled in Spain, adopted child K. in 1992 according to Brazilian law, while K. was domiciled in Brazil. After the death of A. in 2004, K. initiated a succession dispute procedure against B. and the adopted son S. The cantonal courts rejected K.'s inheritance claim on the grounds that the foreign adoption could not be recognized in Switzerland.Considerations
The Federal Tribunal confirmed the rejection of the recognition of the foreign adoption. According to Art. 78(1) PILA, a foreign adoption can only be recognized in Switzerland if it was pronounced in the state of domicile or nationality of the adopter or adopting spouses. In the present case, the adoption was pronounced in Brazil, which was the domicile of the adopted child, and not in the state of domicile or nationality of the adopters. The Federal Tribunal rejected the appellant's argument that this provision is incomplete and should be interpreted more broadly, finding that the limitation of recognition…