Facts
Swiss spouses X., domiciled in Switzerland, jointly adopted child M., born in the United States, by decision of the Superior Court of the State of Washington on February 20, 1992. The Department of Justice and Police of the Canton of Geneva rejected their request to transcribe this adoption in the Swiss civil registry. Spouses X. appealed this decision to the Federal Tribunal.Considerations
The Federal Tribunal upheld the appeal. According to its case law, the recognition of a foreign decision is the rule, unless it is manifestly incompatible with Swiss public policy. In this case, although the adoption was pronounced only four weeks after the child's birth, contrary to the deadlines provided for by Swiss law, this is not sufficient to justify a refusal of recognition on the grounds of public policy. Furthermore, the other conditions for joint adoption under Swiss law are met.
Regarding the competence of the American authorities, the Federal Tribunal considers that Art. 78(1) PILA allows the recognition in Switzerland of adoptions pronounced in the national state of the…