Facts
The complainant, a Bosnian national, married a Swiss citizen in 2004 and received a residence permit. After the spouses separated in 2006, the complainant's residence permit was provisionally extended to clarify the paternity of her unborn child. The child, [Z.] , was born in September 2006. The complainant applied for the issuance of a passport for [Z.] , but this was rejected by the Department of the Interior of the canton of Solothurn, as the complainant's husband had refused his consent.
The complainant appealed to the Administrative Court of the canton of Solothurn, which dismissed the appeal. The complainant then appealed to the Federal Court and requested that the judgment of the Administrative Court be set aside and the issuance of a passport for [Z.] be approved.
Considerations
The Federal Court examined whether the complainant was entitled to apply for the issuance of a passport for [Z.] at all. It found that [Z.] is to be considered a Swiss citizen due to the statutory presumption of paternity, as long as the husband's paternity is not contested.
The court pointed out that parental custody of [Z.] still rests with both parents, as the marriage protection judge has not made a decision on the withdrawal of parental custody. Therefore, the complainant…