Irregular adoptions

In its 1999 Dispatch on Switzerland’s Ratification of the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, the Federal Council had already drawn attention to the abuses that had been criticised for many years at international level. The children adopted from abroad between the 1970s and the 1990s are now adults. Some have gone in search of their origins, uncovering irregular practices that affected their adoption. All countries receiving adopted children are now confronted with these same issues.

Report on illegal adoptions from Sri Lanka

The Federal Council adopted its report in response to Postulate 17.4181 on 11 December 2020. The report is based on a commissioned study by the Zurich University of Applied Sciences (ZHAW) that was published on 27 February 2020. The study exposes serious irregularities, in some cases in child adoptions from Sri Lanka between 1973 and 1997. The Federal Council has acknowledged the misconduct of the federal and cantonal authorities in this regard and expressed its regret to the adoptees and their families.

On Switzerland’s initiative a group of European states and Sri Lanka have agreed on a cooperation protocol for the processing of adoptee requests to search for their origins in Sri Lanka. Adoptees wishing to send a request to Sri Lanka should contact the Information Service in their canton of residence.

As part of a four-year pilot project, the Confederation and the cantons are providing financial support to adoptees from Sri Lanka in their search for their origins. To this end, an agreement was signed in Bern on 16 May 2022.

Report concerning ten other countries of origin

Following the report on Sri Lanka, the Federal Council commissioned additional research into the following ten countries: Bangladesh, Brazil, Chile, Guatemala, India, Colombia, South Korea, Lebanon, Peru, Romania and South Korea. The research mandate was limited to an analysis of files held in the Federal Archives with the aim of facilitating subsequent research by the scientific community.

On 8 December 2023, the Federal Council took note of the ZHAW report of November 2023 entitled "Indications of illegal adoptions of children from ten countries of origin in Switzerland; inventory of documents in the Swiss Federal Archives" (not available in English). The report shows that irregular or even illegal practices were not limited to Sri Lanka, but that all the countries analysed were affected to varying degrees, and that the Swiss authorities were aware of this. The Federal Council expressed its regret to the adoptees and their families concerning the negligence of the Swiss authorities in international adoption procedures.

Reform of the international adoption system

In its report of 11 December 2020, the Federal Council also noted certain weaknesses in current legislation and practice in the area of international adoptions. A group of experts was charged with analysing the concrete need for action and proposing the necessary changes to legislation and practice.

On 8 December 2023, the Federal Council took note of the expert group's intermediary report and instructed the Federal Department of Justice and Police (FDJP) to submit a proposal for further action based on the final report.

On 29 January 2025, the Federal Council took note of the expert group’s final report and took the fundamental decision to end international adoption in the future. It instructed the FDJP to prepare a draft consultation by the end of 2026.

Search of origins

Under Article 268d of the Swiss Civil Code, responsibility for supporting adoptees in the search for their origins rests with the cantons. Contact details for cantonal information and counselling services and for private organisations offering support and assistance in the search for origins can be found on the website of the Federal Office of Justice (not available in English):

On behalf of the Committee of the Conference of Cantonal Justice and Police Directors (CCJPD), an interdisciplinary working group has formulated recommendations in a report on how those affected can be better supported in the search for their origins. These recommendations are not limited to adoptions from Sri Lanka.

Commitment to combat irregular adoptions

Switzerland is an active member of the Hague Conference's Working Group on Preventing and Addressing Illicit Practices in Intercountry Adoption as well as the Working Group on the Financial Aspects of Intercountry Adoption.

Note

For the complete documentation see the pages in German, French or Italian.

Documentation

(These documents are not available in English)

Last modification 29.01.2025

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