Facts
Adélaïde de Marval, born in 1898 and domiciled in Chexbres, submitted an adoption application on September 19, 1972 in favor of Gaston Hauser, born in 1941 and domiciled in Lausanne. Ms. de Marval is a widow and has no descendants, while Hauser is single. The latter has resided in Lausanne since birth, with the exception of a few stays abroad. Although Ms. de Marval has shown great generosity towards Hauser, the Vaud Cantonal Council rejected the adoption application, considering that the legal condition of a domestic community life for at least 5 years was not met, as the weekend stays at Ms. de Marval's did not constitute such a community.
Considerations
The Federal Tribunal confirmed the rejection of the adoption application. It recalled that the adoption of adults has an exceptional character in the law, aiming to establish close emotional ties comparable to natural filiation. The condition of a 5-year domestic community life, introduced by the legislator, aims to ensure that the adoption is based on such ties, and must be interpreted strictly.
According to the Tribunal, a domestic community implies that the persons live under the same roof and share their meals, thus allowing for daily contact and in-depth mutual knowledge. Although occasional…