Recognition is the legal act by which the relationship of parentage between the biological father and the child is established, in cases where the child's parents are not married to each other.
It can be carried out before or after the birth of the child and can take place through a declaration before the civil registrar, by will, or before the judge when an action for a declaration of paternity is pending (art. 260 para. 3 CC).
Procedure for Recognition by Declaration
The act of recognition is an irrevocable declaration, made before the civil registrar and recorded in the civil register.
The declaration of recognition can be made at any civil registry office if the person making the recognition is a Swiss citizen residing in the country. In other cases, the declaration must be made at the civil registry office of the child's habitual residence or at the civil registry office of the mother’s residence.
Additionally, when declaring recognition of the child, it is possible to simultaneously request joint parental authority from the civil registrar.
Joint parental authority means that the parents have the same rights and duties and make decisions together concerning, among other things, the care of the child (art. 301 CC), the determination of the place of residence (art. 301a CC), education (art. 302 CC), religion (art. 303 CC), and representation to third parties (art. 304 CC).
When the parents are not married to each other, granting joint parental authority requires a joint declaration by the parents confirming that (art. 298a para. 2):
They are willing to assume joint responsibility for the child.
They have agreed on the custody of the child, personal relations or each parent’s involvement in the child's care, as well as on child support. (In this case, the parents may also conclude an agreement regarding child support.)
They must also agree on the allocation of the parenting allowance and submit an agreement on this matter to the competent authority (art. 52f bis AHV).
If one parent refuses to make the declaration, the other parent can request the child protection authority to establish joint parental authority (art. 298b CC). In the absence of such a declaration or decision, the child of unmarried parents is subject to the exclusive parental authority of the mother (art. 298a para. 5 CC).
Effects of Recognition
Once the recognition is effective, the validity of the parentage link between the father and his child is established from the day of the child's birth, with retroactive effect if the parentage was established after birth.
Maintenance Obligation
Maintenance is ensured through care, education, and financial support. Parents jointly guarantee, each according to their means, the appropriate maintenance of the child (art. 276 CC).
In principle, the parents' maintenance obligation lasts until the child reaches adulthood. However, to the extent that circumstances allow, they must provide for the child until the end of their education (art. 277 CC).
When the parents are not married, the maintenance contribution can be agreed upon between the parents in a maintenance agreement. This agreement and any modifications must be approved by the child protection authority of the child's place of residence before becoming legally binding (art. 287 para. 1 and 2 CC). In the absence of a maintenance agreement, the maintenance contribution must be determined by judicial means.
Personal Relationships or "Visitation Rights"
The father or mother who does not hold parental authority or custody has the right to maintain personal relations with their child (art. 273 para. 1 CC). This is a reciprocal right and duty that primarily serves the interests of the child.
It may be required that the right to maintain personal relations with the child be regulated (art. 273 para. 3 CC). The child protection authority of the child's residence is competent to take the necessary measures regarding personal relations (art. 275 para. 1 CC).
The right to maintain personal relations with the child may also be denied or revoked, especially if such relations jeopardize the child's development (art. 274 para. 2 CC).
Name
In principle, the child of unmarried parents acquires the surname of the parent who exclusively exercises parental authority (art. 270a para. 1 CC).
It is always possible, in the case of joint parental authority established after birth, for the parents to declare to the civil registry office that the child bears the surname of the other parent. This declaration must be made within one year from the establishment of joint parental authority (art. 270a para. 2 CC).
Citizenship and Nationality
The child of unmarried parents acquires the citizenship (and nationality) of the parent whose surname they bear. A minor child who takes the surname of the other parent acquires, in place of their previous cantonal and municipal citizenship, that of the other parent (art. 271 CC).
If you wish to undertake the steps for the recognition of your child, the Valentin Legal Consultation would be pleased to welcome you to our offices at rue du Valentin 1, 1004 Lausanne, to answer any questions you may have. We are also reachable by phone at 021 351 30 00 and by email at info@cjdv.ch. It is also possible to make an appointment directly through our website: https://www.consultationjuridiqueduvalentin.ch/
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