If a person gives birth to a child following treatment at an IVF clinic how is the parentage of the spouse recognised? Is it any different if they are in a same-sex relationship, civil union or common-law/de facto/cohabiting relationship?
With surrogacy and ovum/embryo donations prohibited, and sperm donations reserved for married couples, a child conceived via IVF will be legally recognized only for married women, married opposite-sex couples, or unmarried opposite-sex couples not relying on sperm donations. Parentage will be automatically recognized for married couples (Civil Code § 252 II). However, in the case of married women, the surgeon must provide a certificate stating that the requirements of the Federal Act on Medically Assisted Reproduction were strictly adhered to (Federal Civil Registar Ordinance § 35 VIbis). As long as Swiss law is strictly followed, the Federal Act on Medically Assisted Reproduction § 23 I stipulates that if a child is conceived through sperm donation in accordance with this Act, neither the child nor the mother's spouse can contest the filiation with the mother's spouse.
PROTECTION
Related questions
Protection
Is either being homosexual or engaging in consensual homosexual sexual acts illegal? If so, what are the penalties?
No. Homosexuality and consensual homosexual acts are legal under Swiss law.
Protection
Is any aspect of gender identity or gender affirming treatment illegal? If so what are the penalties?
No. However, there are specific requirements for minors. See question 37.
Protection
Are there further comments on gender identity and gender affirming treatment in Switzerland?
According to case law, gender-affirming treatments must be reimbursed by basic (and mandatory) health insurance (see Supreme Court 137 I 86). No legal text covers all areas, and concerned individuals might encounter resistance from insurers, requiring additional documentation to establish the necessary diagnosis of Gender Identity Disorder in Adolescents or Adults according to DSM 302.85. Existing psychiatric therapy of at least six months is usually required for insurance coverage of hormonal treatments. Insurers won't cover surgery without an existing psychiatric therapy for at least one year and will usually not accept claims without prior hormonal treatment. Surgery coverage is extensive and may include genital, mammary, facial (though this is disputed), and vocal cord modifications (see Supreme Court 9C_572/2015 § 4.2).
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Can a same-sex couple marry? If so, are there any differences from opposite-sex marriages?
Yes. On September 26th, 2021, Swiss citizens widely accepted (64% in favor) the "Marriage for All" legislation, establishing gender-neutral marriage. There is no difference between same-sex and opposite-sex marriages.