Advice needed for a not-quite-Swiss-enough to get a passport

Visas, Permits, Passports and Naturalization
1
Hi! Here is a riddle: Both my parents (and grandparents and etc.) are Swiss and yet I am not Swiss. Why? Because I was adopted and grew up in another country! Anyway I will be posting more about that in the Visa/passport section. I know and am in regular contact with both my Swiss mother and father and I probably know quite a lot about Switzerland but sadly have never been there. I would really like to change that and live there but I want to come back as a citizen and not just a tourist. That’s probably asking a lot from a country that is very picky about who they accept but it would mean a lot to me, to be coming back to my “home” country, if you like. Anyway I am hoping to get some help and advice here so thank you!

2
Hi, long story but my parents (both Swiss) met while travelling overseas. It was a quick fling after which they both continued travelling but not before my mother, when I was born, adopted me out into the family that I grew up in. After re-connecting with my birth family and finding they were Swiss I have thought about going there to live however loyalty to my adopted family and country somewhat held me back. Now that my adopted family have died or are in their last days and I have young children of my own, the need for going to Switzerland and living there is really pressing upon me especially as my birth father is quite ill. I have been in regular contact with both my birth father and mother, half-brothers and half-sisters and even cousins for a while now.

Earlier in the year I tried to get a Swiss passport through the consulate here and after giving them all the particulars of my unusual circumstances they said “No”. I know there is nothing stopping me from going to Switzerland on my current country’s passport but it would be such a significant symbolic thing for me to be accepted back into what I would consider as my “home” country. All my half brothers, half-sisters (two of which were born in my country) and even some of my cousins have only one parent as Swiss but have a Swiss passport; and my half-sister (who was born and has grown up in the same country as me) is in the process of getting Swiss passports for her children (they would be one-eighth Swiss I guess) - yet I can’t get a passport for either myself or my children.

Does anyone have some advice for me for anyway forward on this?

3
Maybe it was the "particulars of your unusual circumstances" which created the stumbling block?

Presumably you have your original birth certificate which contains the name(s) of your Swiss parents. Under normal circumstances this should be enough but perhaps the adoption has thrown the spanner in the works.

Maybe contact the authorities here in Switzerland rather than doing everything through the consulate there?

4
Yes, I have my original birth certificate but the adoption has made that nul and void. I wouldn't know who to approach in Switzerland about it - can you give me more info?

5
I thought it was some kind of shoe

Since April 1st 1973 if a child gets adopted by non-Swiss parents it will lose its Swiss citizenship.

Art. 8a of the old law

https://www.admin.ch/opc/de/classifi...index.html#a8a

If the adoption gets annulled it will regain the Swiss citizenship.

Art. 6 of the new/current law.

https://www.admin.ch/opc/de/classifi.../index.html#a6

When have you been adopted by your new non-Swiss parents?

6
There must be info around somewhere. All I can find at the moment is for Swiss people adopting non-Swiss children and the naturalisation process around that.

There are far savvier people on this forum that will probably be able to help you, though, so stick around. Good luck!

7
So rules is rules and that's it hey?

8
this is switzerland

9
I was adopted when I was 7 months old.

10
But was that before 1973?

11
yes, before 1973 - does it make a difference?

12

seems so

13
I am overwhelmed by your helpfulness.

14
Sure. I do not ask questions for the lolz

It could mean that you are actually Swiss

Sorry do ask you that, but when have you been born and adopted? It is important as we have to look up the law which was in force at that time.

Additionally, in which country were you born and were your birth parent married? Were both birth parents Swiss at the time you were born? Was any of your adopting parents Swiss when you were adopted?

15
Thanks for your help: born and adopted 1970 Australia, no they weren't married but both were Swiss at the time (father still lives in Switzerland). Adopting parents not Swiss. It would be too incredible if I was already Swiss...

16
It does. Since 1973 Switzerland only uses "Volladoption". This means, that a child will loose use any ties to his "old" Family and only be part of the new Family. That means, you would not be Swiss.

But your Adoption was before 1973 and hence a "einfache Adoption" (simple Adoption). This means that your ties to the old Family have NOT been ended and you are part of two families (your old one, the Swiss one and your new one). So you are lucky. Contact the embassy again with your birth certificate. You should be Swiss so be able to get a passport.

If you are in contact with your Swiss Family it is easiest if someone could contact the place of origin (Heimatort) of your Swiss mother (I believe your parents have not been married, have they?). That Gemeinde might be able to help you. I think the Heimatort of your mother will be your Heimtort as well. You probably need a certified copy of your birth certificate that you can send them by mail but start with a scan that you E-Mail to your Swiss Family.

17
I can't thank you enough! It seems too easy (seeing as I sent both birth certificates to the consulate - they must know of this rule???) but I will give it a try. Thank you thank you thank you!

18
O.k. give me some time to find the law as it was 1970.

As you were born aboard, one important part is if your birth was registered with the Swiss authorities .

As you were born out of wedlock you should have got the Heimatort (*) of your mother and your birth should be in the register of that place.

As irish_temptation find out what the Heimatort your mother had been at time of your birth. Then contact the commune about a register extract. If she had married later the Heimatort would have changed to the one of her husband (if he was Swiss). Normally the Heimatort would be listed on the birth certificate. As you were born aboard that might not be listed, but hopefully the place of birth of your mother. They also have register were the Heimatort would also be listed.

Your birth mother is still alive, right, and you can contact her? Than just ask her if she registered the birth with the Swiss embassy or authorities and what her Heimatort was back than.

(*) Heimatort == place of origin, or lack of better words "town citizenship". In Switzerland one becomes first a citizen of a specific town/village, because of that a citizen of the canton, and because of that finally a Swiss citizen.

19
Ah, yes I thought it was too good to be true. No, she didn’t register me. That is probably why the consulate said no.

I will find out her Heimatort anyway and see what they say.

20
Do that. As the law has changed a lot how you gain or lose citizenship not all is lost. If you had lost it there is an option to get it back with as few as three years of residency in Switzerland.