You want to understand your rights as an LGBTQ+ person

No. Homosexuality and consensual homosexual acts are legal under Swiss law.

No. However, there are specific requirements for minors. See question 37.

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).

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.

Yes.

An older legislation provided such a non-married status ("Federal Act on the Registered Partnership between Same-Sex Couples"). It was materially abolished by the "Marriage for All" legislation and it is not possible to conclude such agreement.

They are not legally recognized, and there is no legal difference between same-sex and opposite-sex de facto couples in terms of breakdown. However, Swiss law provides specific corrections allowing de facto couples to be considered in certain situations (notably medical representation and partial social insurance coverage in case of death). Concluding a de facto agreement is possible and legally binding but is complex and highly fact-specific due to form and proof requirements and tax consequences, which differ between cantons.

Not directly. However, a foreign customary marriage might be legally binding in specific circumstances. There is no difference between same-sex and opposite-sex couples in this regard.

Not under Swiss law. According to Civil Code § 267, previous parent-child relationships are extinguished in the case of adoption. However, Switzerland supports the broad recognition of foreign adoptions, including those with more than two parents.

The person giving birth is automatically designated as the mother and cannot choose a different status (see Civil Code § 252 I).

Yes.

Unmarried couples are ineligible to adopt together. Individuals aged 28 or older are eligible to adopt. Married couples are eligible to adopt after three years of cohabitation, provided both partners are aged 28 or older. A spouse or cohabitant is eligible to adopt the child of their partner if they have lived together for more than three years. Gender does not matter at this point. The consent of the other parent is mandatory and can only be waived if the parent is unknown, has been missing for some time, or permanently lacks the capacity for judgment. The consent can be revoked once.

No. Intended parents will not both be recognized – the father or one of the fathers may be able to recognize the child – and it is a misdemeanor under Swiss law for anyone to provide assistance with surrogacy. Parents relying on surrogacy will likely face several legal challenges, including child protection measures. The other parent might adopt the child based on the adoption of the partner's child statutes (see Supreme Court 148 III 384). If the intended parents separate and only one is considered a legal parent, the other parent might request visitation rights (see Supreme Court 147 III 209).

No.

Not based on Swiss law. Two mothers relying on surrogacy will not be able to recognize their parenthood. When two fathers rely on surrogacy, one may be able to recognize the child and become a legal parent. The other parent might adopt the child based on the adoption of the partner's child statutes (see Supreme Court 148 III 384). The Supreme Court considers the prohibition of surrogacy to be essential to the public interest (see Supreme Court 148 III 384). Two parents relocating to Switzerland will likely not face difficulties as long as their status is recognized by the originating state.

No. See Federal Act on Medically Assisted Reproduction § 4.

Yes, as long as they are married mothers (since July 1, 2022) or opposite-sex couples and have complied with the provisions of the Federal Act on Medically Assisted Reproduction.

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.

No.

Same-sex and opposite-sex couples receive equal treatment in this matter. Issues regarding child status (parental responsibility, custody, alimony, child protection, child asset protection) are assessed in a summary proceeding, and the basic rules do not differ between married and unmarried couples. The Supreme Court does not recognize any alimony rights in a de facto couple. However, child support includes a specific portion for the caregiving parent to cover their basic costs, which essentially depends on the age of the child. Since the law does not regulate de facto couples, any claim must be based on the agreement that the two individuals have concluded a simple contract. Case law presumes that a five-year cohabitation usually involves such a contract. However, even when this is proven, the scope of this contract is typically limited and difficult to predict.

No.

Yes. Attention is specifically drawn to tax issues regarding inheritance or donations for unmarried couples. The situation varies significantly between cantons and might lead to very high inheritance taxes. Seeking tax advice is strongly advised before taking any action.

Yes. Discrimination and incitement to hatred against a person or a group of persons on the grounds of their sexual orientation is a misdemeanor since July 1st, 2020. The new scope of this article was widely supported in the voting by Swiss citizens (63.1% in favor). Since 1981, equality between men and women has been supported by the constitution. In 2000, the Constitution § 8 added a broad equality principle and the prohibition of discrimination based on gender and way of life, including protections for transgender, intersex, and non-binary people, as well as sexual orientation. The federal legislature retains the ability to adopt discriminatory laws if they serve the public interest, are proportionate, and do not conflict with the essence of the principle.

Not everywhere. Several cantons have prohibited gay conversion therapies (Vaud on October 29, 2024, and Neuchâtel in April 2023). Multiple motions have been accepted in cantons, such as Geneva, and are likely to be introduced into those cantons' laws. At the federal level, several parliamentary initiatives related to a federal prohibition are currently pending. One of these federal parliamentary initiatives was initiated by a canton.

Yes. According to Civil Code § 30b, since January 1st, 2022, any person who is firmly convinced that they are not of the sex recorded in the civil register may declare to the civil registrar their wish to have the entry changed. They can choose between male and female. Currently, the parliament has refused a third option or the absence of any indication. The declaration may be made at any civil registrar or Swiss diplomatic entity (see Civil Registrar Ordinance § 14b) and incurs a fee of CHF 75 (see Civil Registrar Fees Ordinance). The person making the declaration may also have one or more new first names entered in the civil register. The declaration has no legal effect on family relationships. The consent of a legal representative is required if the person making the declaration is under the age of 16, is subject to a general deputyship, or if the adult protection authority has so ordered.

Yes. The matter is not codified in law and largely depends on case law and medical guidelines. Generally speaking, a 16-year-old minor is presumed capable of giving consent independently, and parents do not need to be notified. For minors younger than 16, parental consent is usually required, but physicians may determine that the minor has the capacity to make their own decision. Parents can challenge the medical decision in court as long as the patient is a minor. If only one parent opposes, the other may seek court approval. See question 7 for additional information on the broad insurance coverage.

No. Currently, the parliament has refused a third option or the absence of any indication.

Since January 1st, 2022, the declaration has no legal effect on family relationships (see Civil Code § 30b).

Old case law and civil registrar guidelines supported gender change as a ground for divorce. In our opinion, the situation has completely changed after the introduction of the Marriage for All legislation on January 1st, 2022, and we do not believe that a gender change would now be grounds for immediate divorce. However, Switzerland offers a no-fault divorce option after two years of separation.