How “Marriage for all” affects same-sex couples

The legal differences between civil partnership and marriage mainly relate to the areas of naturalisation, adoption, and reproductive medicine. Simplified naturalisation, the right of adoption, and access to reproductive medicine are only open to married couples.

Here are the possible implications for Swiss Abroad:

• Unmarried same-sex couples can get married in Switzerland from 1 July 2022. Starting from this date, they will be able to submit the necessary application for preparation of marriage in Switzerland to the relevant Swiss representation abroad.
• Registered partners keep their status. However, same-sex couples who have registered their partnership before 1 July 2022 will be able at any time to convert their (civil) registered partnership into marriage by means of a joint declaration. The conversion declaration can be handed in at any registry office in Switzerland or at the couple’s local Swiss representation abroad. Conversion into marriage at a registry office in Switzerland can involve a ceremony, if the couple so desire. Partners who enter into a civil partnership abroad on or after 1 July 2022 cannot convert such a partnership into marriage. They can, however, get married in Switzerland.
• Same-sex couples who have married abroad and whose marriage has been recognised in Switzerland as a civil partnership can, from 1 July 2022, apply to the cantonal marital status supervisory authority of their home canton to have their entry updated in the Swiss civil status register. This is because foreign same-sex marriages are now recognised as marriages in Switzerland. The entry will also be automatically updated when a change of civil status (birth, death, etc.) has to be registered.
• Foreign heterosexual civil partnerships are now recognised as civil partnerships in Switzerland. From 1 July 2022, couples in such partnerships can apply to the cantonal marital status supervisory authority of their home canton for their partnership to be entered in the Swiss civil status register.
• Married female couples will now have access to sperm donations in Switzerland. Provided the sperm donation is conducted under the terms of the Swiss Reproductive Medicine Act, the wife of the childbearing woman will become one of the child’s legal parents, and stepchild adoption will no longer be necessary. The donation of eggs and embryos as well as all forms of surrogate motherhood remain unlawful.

For further information in German, French and Italian, visit the Federal Office of Justice (FOJ) website.

Couples with any questions on these matters can contact the registry office/supervisory authority of their home canton or their local Swiss representation abroad. List of registry offices