Suisse
Questionnaire regarding the overall organization
1. HISTORICAL DEVELOPMENT
1) When was the registration service established in your country?
The civil registry service was introduced in the Swiss Confederation by a law dated December 24, 1874, which came into force on January 1, 1876.
2) Which authorities were empowered before this date and what is the evidential value of documents drawn up by them?
Before 1876, civil registry offices existed in only a few cantons; in others, the registration of births, deaths and marriages was left to the ecclesiastical authorities. Documents drawn up in this way have the probative value recognized by the cantonal law in force at the time they were drawn up
3) Can you cite the major texts marking the development of civil status in your country?
The Historical Dictionary of Switzerland covers the major stages in the development of civil status. The subject is currently governed by the following texts:
The basic provisions are set out in the Federal Constitution of the Swiss Confederation of April 18, 1999, in particular articles 14, 119 and 122, and in the Swiss Civil Code of December 10, 1907, in particular articles 9, 29 et seq., 33, 39 et seq., 94 et seq. and 252 et seq. Details are set out in the Ordinance on Civil Status of April 28, 2004 and in the Ordinance on Civil Status Fees of October 27, 1999
Specific legislation completes the system, such as the Federal Act on Registered Partnerships between Persons of the Same Sex of June 18, 2004, the Swiss Nationality Law of June 20, 2014, the related ordinance, the Federal Act on the Harmonization of the Register of Residents and of other Official Registers of Persons of June 23, 2006, its implementing ordinance, the Federal Act on Swiss Persons and Institutions Abroad of September 26, 2014, its implementing ordinance, the Federal Data Protection Act of September 25, 2020, the Federal Act on Private International Law of December 18, 1987 and the Swiss Civil Procedure Code of December 19, 2008, as well as the Ordinance on the Establishment of Electronic Authentic Instruments and Electronic Legalization of December 8, 2017 and its departmental ordinance.
4) Can you cite the major judgments that have marked the development of civil status in your country?
The evolution of civil status has been marked by the Burghartz v. Switzerland judgment of February 22, 1994 (series A no. 280 B) by the European Court of Human Rights, and by various judgments of the Swiss Federal Court (these judgments are referred to by the abbreviation ATF and are published on the www.bger.ch website).
Probative value of civil status registers
Civil status registers are endowed with the increased probative force of article 9 of the Civil Code, but in principle have declaratory value only (ATF 143 III 624 recital 4.3); the fact that a foreign divorce has been transcribed into Swiss registers by order of the cantonal civil status supervisory authority pursuant to article 32 of the Federal Act on Private International Law does not preclude judicial rectification under article 42 of the Civil Code (ATF 126 III 257).
Modification of entries in civil registers
In principle, the power to amend entries is vested in the courts, and the cantonal civil status supervisory authority must automatically initiate legal proceedings (article 42 of the Civil Code). The only exceptions are inaccuracies resulting from inadvertence or obvious error, which are rectified ex officio by the civil status authorities, as part of the so-called administrative modification of civil status data (article 29 of the Civil Status Ordinance). The interpretation of these notions is restrictive (ATF 87 I 464). Consequently, administrative rectification is permitted only in clear and uncontroversial cases (ATF 108 II 88; ATF 101 Ib 11). In cases of doubt, administrative rectification is excluded. This is particularly the case where the erroneous registration is the result of a misinterpretation of the law, where the registration has remained undisputed for years, and where the opposition of a third party is to be expected (ATF 131 III 201 and ATF 83 I 27, recital 3). These principles remain valid even if the error results from a punishable act (ATF 101 Ib 9).
Any person who can justify a legitimate personal interest can ask the judge to order the registration, rectification or deletion of disputed data relating to civil status (article 42 of the Civil Code ). Standing is also granted to anyone who has left the administration in the dark about important facts and then wishes to put his or her affairs in order, which in itself does not constitute an abuse of rights (ATF 135 III 389).
Mention of gender in registers :
An action to establish a change of sex is a sui generis civil status action created by praetorian means. From a dogmatic point of view, this action differs from the rectification of registers based on an initial erroneous finding of sex (see ATF 143 III 284 and ATF 119 II 264).
The indication of gender in the Swiss civil register cannot be deleted on the basis of a declaration of deletion of gender made in Germany (ATF 150 III 34).
Surnames with inflection :
Swiss law is governed by the principle of the immutability of surnames as soon as they have been transcribed in Switzerland. The exception to this principle is inflected surnames, such as Slavic names, insofar as they are adapted according to the gender of the holder (ATF 131 III 201; in this case, the surname of Polish origin was “Dzieglewski” in its masculine form, respectively “Dzieglewska” in its feminine version).
Eligible first names :
The customary first name is not an official name, and if a person has more than one first name, the civil register does not specify which of them is the customary name (ATF 143 III 3).
In accordance with article 37c of the Civil Status Ordinance, the registrar refuses first names that are manifestly prejudicial to the child’s interests (ATF 119 II 401 and ATF 118 II 243).
2. CHARACTERISTICS OF THE SYSTEM
1) Is the registration service secular or religious in your country?
Yes, Swiss civil status has been secular since 1876. See also the answer to I. 3) above.
2) If secular:
1. Do any acts of religious authorities have any effect on civil status and, if so, which?
No, it has no effect. Moreover, civil marriage must precede religious marriage in accordance with article 97 paragraph 3 of the Civil Code. However, documents drawn up abroad in religious form are recognized if this form is legally accepted in the country of origin.
2. Must an act drawn up by a national religious authority be transcribed or registered by a civil authority and what are the consequences of a failure to transcribe or register?
Not applicable (see previous answer).
3) Which of your national authorities are authorised to register events?
Civil status records are drawn up by registrars, who are public officials specially appointed by the cantons for this purpose. In Switzerland, civil registrars must hold the relevant federal certificate. A person who does not hold a federal certificate may be appointed or elected as a civil registrar, provided he or she obtains this title within a certain period of time. Until such time as the certificate is obtained, the cantonal civil registry supervisory authority decides, in agreement with the head of the civil registry office, which tasks the person may perform, based on the theoretical and practical knowledge he or she has acquired. See also the answer to II. 6) below.
4) Which authorities hold and keep the registers?
Since 2005, all civil status events have been recorded in a computerized civil status register (Infostar system), to which all Swiss civil status offices are connected. Civil status events are now documented electronically. Entitled persons can order extracts (birth, death, marriage certificates, etc.) from the computerized register, and continue to obtain extracts from the old civil registers kept on paper; extracts are authentic records issued on paper or in electronic form. They have the same probative value as civil status registers (articles 47 et seq. of the Civil Status Ordinance).
The civil registry office responsible under cantonal law has access to the originals of the paper civil registers kept in its district for contemporary periods (110 years for the birth register, 80 years for the marriage register, 50 years for the death register, family register and acknowledgement register since their introduction).
Civil registers drawn up at an earlier date are considered to be archives; they must be deposited in an appropriate storage location and protected against unauthorized access, alteration, destruction or tampering. Family register data must be microfilmed or saved using a digital storage technique that guarantees long-term legibility until the data is transferred to the archive.
Supporting documents must be kept for 50 years. Paper supporting documents may be destroyed three months after they have been digitized and deposited in the electronic document storage system, provided that the person concerned has been given the opportunity to repossess them and has expressly waived this right.
The Federal Office for Civil Status has access to the original civil status registers of the few Swiss representations abroad (Beirut, Amman, Baghdad, Cairo, London, Teheran/Islamabad) which were assigned civil status functions until the beginning of 2006. This office issues extracts from these registers on request. It is a section of the Federal Office of Justice attached to the Federal Department (=Ministry) of Justice and Police.
5) Is there a national authority responsible for civil status in your country?
The Confederation oversees civil status through the Federal Office for Civil Status, a section of the Federal Office of Justice attached to the Federal Department (=Ministry) of Justice and Police. The responsibilities of the Federal Office for Civil Status include drafting mandatory and optional civil-status forms and instructions, inspecting the cantonal civil-status supervisory authorities and archives, receiving periodic inspection reports from the cantons, preparing the approval of cantonal civil-status provisions, and preparing appeals by the Federal Office of Justice against cantonal civil-status decisions, advising and supporting cantonal civil-status authorities and Swiss representations on civil-status issues, training consulate staff in civil-status matters, checking the conformity of civil-status registers with federal law, defending Switzerland’s interests within the International Commission on Civil Status, and examining requests for the disclosure of civil-status data to foreign authorities. The Infostar Unit, which is also a section of the Federal Office of Justice, is responsible for the technical aspects of operation, development and training, as well as technical assistance in connection with the computerized civil registry (Infostar).
6) Can you give details of who performs the duties of a civil registrar? Are they elected officials? Are they people who have passed an administrative competition or examination? Is this a profession as such in your country?
Civil registrars are elected or appointed. The function of registrar is a recognized profession. Civil registrars must hold a civil registrar’s certificate, obtained after a federal professional examination, in accordance with a regulation issued by the Examining Board of the Swiss Association of Civil Registrars and approved by the State Secretariat for Education, Research and Innovation. A person who does not hold a federal certificate may be appointed or elected as a civil registrar, provided he or she obtains this title within a certain period of time. Until such time as the certificate is obtained, the cantonal civil registrar’s supervisory authority decides, in agreement with the head of the civil registry office, which tasks the person may carry out on the basis of the theoretical and practical knowledge he or she has acquired. Transitional rules apply to civil registrars appointed or elected before January 1,2011 (see articles 4 and 95 of the Civil Status Ordinance and the Examination Regulations for the professional examination for civil registrars).
7) In which language(s) are documents drawn up?
Deeds are drawn up in the official language determined by cantonal regulations. The official languages of the Confederation are German, French and Italian. Romansh is also the official language for the Confederation’s dealings with Romansh speakers. Deeds drawn up in a language other than the official Swiss languages may be refused if they are not accompanied by a certified German, French or Italian translation (see article 70 of the Federal Constitution of the Swiss Confederation and article 3 of the Ordinance on Civil Status).
8) What are the different categories of documents and registers used in your country?
Civil status in Switzerland is recorded in a computerized register, a central database known as Infostar, which was gradually introduced throughout Switzerland between 2004 and 2005. The computerized register has replaced the conventional registers kept since 1876 (register of births, register of deaths, register of marriages, register of acknowledgements, register of legitimations, register of families; see in particular articles 39 and 45a of the Civil Code and articles 6a, 92 and 93 of the Civil Status Ordinance).
Civil registrars issue authentic instruments, i.e. documents taken from registers, using the multilingual forms of the International Commission on Civil Status (in accordance in particular with ICCS Conventions Nos. 16, 20 and 34) or the national forms laid down by the Federal Office of Civil Status. These documents have the same probative value as the original data carriers. They are issued on paper or in electronic form (see articles 6 and 47 et seq. of the Civil Status Ordinance). In addition to written confirmations and attestations, and legalized copies of supporting documents, there are various types of register extracts, in particular birth, recognition, marriage, registered partnership and death certificates.
9) What is the role of computer technology?
1.Are civil status registers drawn up or reproduced by computer?
Yes, the civil register, the central database known as Infostar, is fully computerized. See articles 39 and 45a of the Civil Code and articles 6a, 92 and 93 of the Civil Status Ordinance.
2. Can information available in electronic form be consulted by third parties?
In addition to the civil status authorities, the authorities mentioned in article 43a of the Civil Code may access online the data required to verify a person’s identity. The municipal authorities of the place of residence or stay, the Federal Statistical Office, the Federal Police Office and the bodies responsible for old-age and survivors’ insurance receive the data they require automatically and in electronic form (see articles 49, 52, 52a and 53 of the Civil Status Ordinance)
The child protection authorities, the State Secretariat for Migration, foreign authorities and foreign representations receive civil status data in accordance with articles 50, 54, 55 and 56 of the Civil Status Ordinance. In the absence of an international agreement, personal data may exceptionally be transmitted to a foreign representation, on request, under the conditions set out in article 61 of the Civil Status Ordinance.
Generally speaking, the courts and administrative authorities may obtain civil status data on request and insofar as this is essential for the performance of their legal duties (see article 58 of the Civil Status Ordinance). Any person may request information about data concerning him or her (see articles 81 and 92b of the Civil Status Ordinance ). Personal data may be disclosed to third parties on request if a direct interest worthy of protection is established, and if obtaining the data from the persons concerned is impossible or manifestly unreasonable (see article 59 of the Civil Status Ordinance). The disclosure of civil status data to researchers, in particular genealogists, is subject to the conditions set out in article 60 of the Civil Status Ordinance
3. Can interested parties and/or third parties obtain copies of or extracts from civil status records via the Internet?
Civil status documents can be issued in electronic form (see articles 47 et seq. of the Civil Status Ordinance). In addition, many registry offices accept orders for documents over the Internet. See also previous answer.
10) Would you like to expand on your answers in order to mention an essential element not covered by the previous questions?
No.
III. CONSULAR REGISTRATION
1) Do your laws prohibit foreign diplomatic agents or consular officers from exercising, in your territory, the functions of a registrar with regard to their nationals?
Yes, it is forbidden for a foreign authority to exercise the functions of a civil registrar in Switzerland, particularly in the area of receiving recognition of a child or the celebration of a marriage
The exercise of civil status functions on Swiss territory is reserved exclusively for Swiss
authorities. This exclusive competence is guaranteed by public international law in accordance with article 3 paragraph 2 of the Vienna Convention of April 18, 1961 on Diplomatic Relations and article 5 letter f of the Vienna Convention of April 24, 1963 on Consular Relations. The Swiss Confederation has exercised its right of reservation. To this end, foreign representations in Switzerland have been periodically informed by the Federal Department (=Ministry) of Foreign Affairs through various diplomatic notes (see the Memento Foreign Representations in Switzerland Prohibition on exercising the functions of a civil registrar in Switzerland).
2) Do your laws give your diplomatic agents or consular officers the right to exercise abroad the functions of a registrar with regard to your nationals?
Some Swiss representations abroad (Beirut, Amman, Baghdad, Cairo, London, Teheran/Islamabad) had limited civil status functions until early 2006. These powers have now been withdrawn.
In accordance with the principle of subsidiarity, the representations now take on tasks in the field civil status, in support of or on behalf of the Swiss civil status. These tasks are listed in article 5 of the Civil Status Ordinance (information and advice for those concerned, legalization, translation and transmission of foreign decisions and documents relating to civil status, transmission of applications and declarations with a view to the celebration of a marriage in Switzerland, issue of certificates of matrimonial capacity for marriages abroad, interviewing of fiancés in the event of suspicion of abusive marriages, transmission of declarations of conversion of a registered partnership into a marriage, transmission of declarations of paternity, transmission of declarations concerning names, transmission of declarations concerning gender reassignment, transmission of requests for adaptation of the spelling of names, requests for verification of communal and cantonal citizenship rights and Swiss nationality, verification of the authenticity of foreign documents, transmission of information concerning foreign law, collection of fees, etc.)
3) Is there a central service for consular records?
No, consular civil status records no longer exist. See also answers to II. 4) and III. 2) above.
4) Would you like to expand on your answers in order to mention an essential element not covered by the previous questions?
No.
The above answers reflect the state of Swiss law on January 1st 2025. Courtesy English translation. In case of discrepancy, the original French version shall prevail.
Michel Montini Alexandra Rohrer
Lawyer, Senior Lecturer Federal Inspector of the Civil Status Office
Secretary of the Swiss Section of the ICCS