Having a baby in Switzerland

A child born in Switzerland is Swiss only if at least one legal parent is Swiss: being born here is not enough. If neither parent is Swiss, the child usually gets a permit based on the parents' permits, for example a C permit if both parents hold a C. The hospital reports the birth to the civil registry office, and you then register a foreign child with the cantonal migration office, usually within about two weeks.

In short

• No citizenship by birthplace: Switzerland does not follow ius soli. A child is Swiss only through a Swiss legal parent (Art. 1 SCA).
• Unmarried Swiss father: the child becomes Swiss only once paternity is legally established, so recognise paternity early.
• Foreign parents: the child's permit follows the parents' status: C, B, B EU/EFTA, or N, F, S or refugee status.
• Registration: the hospital notifies the birth; you register a foreign child with the migration office within the deadline it sets, often around two weeks.
• Health insurance: compulsory from birth. Sign up within three months; cover applies back to the day of birth.

Three questions at once

When a child is born in Switzerland, three questions need answers:

1. Citizenship: which nationality does the child have? This follows the Swiss Citizenship Act (SCA, SR 141.0).
2. Civil status: the birth is entered in the Swiss civil-status register under the Civil Code (CC, SR 210) and the Civil Status Ordinance (CSO, SR 211.112.2).
3. Residence: if the child is not Swiss, which permit does it get? This follows the Federal Act on Foreign Nationals and Integration (FNIA, SR 142.20), the Ordinance on Admission, Residence and Gainful Employment (OASA, SR 142.201) or, for EU/EFTA families, the Agreement on the Free Movement of Persons (AFMP, SR 0.142.112.681).

The civil registry office and the cantonal migration office usually handle these in one sequence, but the order of the steps matters, especially in blended families.

Three basic situations

• At least one legal parent is Swiss: the child is Swiss from birth (Art. 1 SCA, citizenship by descent). There is no permit question.
• Both legal parents are foreign with a residence permit: the child usually gets a permit derived from the parents (Art. 42 to 44 FNIA, or Annex I Art. 3 AFMP). Birth in Switzerland gives no Swiss citizenship.
• Both legal parents are foreign without regular status (N, F, S, refugee B or undocumented): the child follows the status of the parent with the main permit, for example family asylum under Art. 51 AsylA. For undocumented parents, registering the birth and the immigration question are handled separately. See the Asylum Act glossary and hardship cases under Art. 30 FNIA.

Swiss citizenship by birth

Under Art. 1 para. 1 SCA, a child is Swiss from birth if at least one parent is Swiss. What counts is the legal parent-child relationship at birth, as recognised in civil-status law, not necessarily biology.

Married parents

If the parents are married and one of them is Swiss, the child is Swiss automatically. The hospital reports the birth. You bring your identity and civil-status documents, and the civil registry office enters the birth and the child's citizenship in the Swiss register (Infostar).

Unmarried parents

• Swiss mother: the child is Swiss automatically at birth (Art. 1 para. 1 SCA).
• Only the father is Swiss: the child becomes Swiss only once paternity is legally established, by recognition under Art. 260 CC or by a court judgment. Whether a recognition made after the birth takes effect back to the birth depends on the SCA and its transitional provisions; ask the civil registry office.

The order matters. If the father recognises the child before or right after the birth, the link to the Swiss father is on record from the start. If recognition is delayed, the child may hold only the mother's nationality for a while, which can affect travel, insurance and residence status.

No citizenship by birthplace

Switzerland does not grant citizenship for being born on its soil. Parents from countries that do, such as the USA, Canada and several other countries in the Americas, often assume otherwise.

Stepchildren

A step-parent's Swiss citizenship does not pass to a stepchild. A stepchild can become Swiss only through adoption (Art. 4 SCA) or through facilitated naturalisation under Art. 21 SCA ff. Marriage of the child's parent to a Swiss citizen does not on its own make the child Swiss.

Registering the birth, step by step

1. The hospital reports the birth to the civil registry office within the legal deadline, with the mother's details, the date and place of birth and the child's details. For a home birth or a birth while travelling, the midwife, doctor or, in an emergency, a parent reports it. The Civil Status Ordinance sets the deadline; your civil registry office can tell you what it is.
2. You provide documents to the civil registry office: valid passports or identity cards; a family certificate, marriage certificate or certificate of single status; and for foreign documents, a translation and legalisation or apostille where needed. The office enters the child in Infostar.
3. Unmarried fathers recognise paternity (Art. 260 CC), before or after the birth, at the civil registry office where the mother lives or where the child was born. For a Swiss father and a foreign mother, this recognition is what makes the child Swiss.
4. Swiss citizenship is recorded with the child's place and canton of origin. You receive a confirmation, and apply for a Swiss identity card or passport separately at the cantonal identity-document office.
5. A foreign child is registered with the migration office. The duty to register comes from Art. 12 FNIA; the deadline is set in the OASA and by the canton, often around two weeks from birth. Ask your migration office for the exact deadline. You usually submit the birth certificate, copies of both parents' permits, the marriage certificate if you are married, or the paternity recognition if you are not. Processing usually takes a few weeks.

If you miss the deadline, you can still register the child later, sometimes with a fine for a minor offence and a fee. Some cantons combine civil-status and migration registration in one set of forms; others handle them separately.

Which permit your child gets

The child's permit follows the parents' status. The cantonal migration office decides in each case.

• Both parents hold a C permit: the child usually receives a C permit (Art. 43 FNIA, with cantonal practice granting a C directly to children born here).
• Both parents hold a B permit: the child usually receives a B permit (Art. 44 FNIA for third-country parents, Annex I Art. 3 AFMP for EU/EFTA parents).
• One parent C, the other B: practice varies. Some cantons grant a C where the C parent is the main permit holder and the family depends mainly on that status. Others grant a B first, with a C once the child meets the usual conditions. Ask your migration office.
• EU/EFTA parents: the child receives a B EU/EFTA permit as a family member (Annex I Art. 3 AFMP). The right lasts until age 21, or longer if the child is in education or supported by the parent.
• One EU/EFTA parent and one third-country parent: the FNIA and the AFMP combine, depending on which parent is the legal anchor. The current SEM directives decide.

The legal bases

A child born here does not join the family from abroad, but legally the permit is treated as family reunification.

The family reunification deadline in Art. 47 FNIA does not apply to a child born in Switzerland. It matters for siblings born abroad whom you bring later. See the table of deadlines.

Parents on the asylum track

Art. 51 AsylA includes close family members in refugee status unless special circumstances stand in the way. Asylum cases are sensitive: for any question about a birth, contact the Swiss Refugee Council (OSAR) or a cantonal asylum advice service. See the Asylum Act glossary.

Recognising paternity

• Before the birth: a father can recognise the child at the civil registry office before it is born, taking effect at birth. With a Swiss father and a foreign mother, this can mean the child is registered as Swiss from the start. Ask the civil registry office about the consequences.
• After the birth: recognition is also possible later and is then entered in the register. For a Swiss father, ask the civil registry office how it affects citizenship (Art. 1 SCA and the SCA's transitional provisions).
• Cross-border cases: if the father is foreign, the child was born abroad or a foreign authority recorded the recognition, the Federal Act on Private International Law (PILA, SR 291) applies. Foreign recognitions and paternity judgments can be recognised in Switzerland, but the conditions are strict. Speak to the civil registry office and a lawyer.

Adoption (Art. 4 SCA)

A foreign child adopted by a Swiss person becomes Swiss with the adoption (Art. 4 SCA). This covers adoptions of minors under Swiss law and foreign adoptions recognised in Switzerland (Hague Adoption Convention of 29 May 1993, SR 0.211.221.311, with the PILA). Adopting your spouse's or registered partner's child can also give citizenship if the civil-law conditions are met. For adoption questions, contact the civil registry office or see the SEM page on citizenship.

Foreign unmarried parents and statelessness

If both parents are foreign and unmarried, the child's nationality depends on the law of the parents' home countries. Switzerland registers whatever nationality that law gives. Often it follows the mother, but you must check the foreign law.

In some countries a child does not automatically take either parent's nationality, for example where nationality passes only through the father and the father is absent or does not recognise the child. The child can then be born stateless. Stateless people have specific rights under the Convention of 28 September 1954 relating to the Status of Stateless Persons (SR 0.142.40). If there is any risk of this, contact the civil registry office, the State Secretariat for Migration (SEM) and specialist bodies such as UNHCR Switzerland and Liechtenstein straight away. Which countries follow this rule changes, so current UNHCR and SEM sources must be checked.

Dual nationality

Switzerland allows dual and multiple citizenship: a Swiss child who also holds another nationality keeps both from the Swiss point of view. The other country may not allow it, or may withdraw its nationality. Check that country's law yourself; Switzerland cannot advise on it.

Health insurance, family allowances and school

• Health insurance: under the Federal Health Insurance Act (HIA, SR 832.10), your child must be insured from birth. Sign up within three months; cover applies back to the birth. You can choose any insurer; children's premiums depend on the insurer and region.
• Family allowances: under the Federal Family Allowances Act (FamAA, SR 836.2) and cantonal law, there is usually an entitlement for every child from birth. The amount and basis vary by canton and your employment. You usually apply through your employer or the cantonal family compensation fund.
• School: cantons set compulsory schooling, which usually starts with kindergarten or the basic level at an age set by cantonal law. It applies whatever the child's status: children without regular status also have the right to free basic education (Art. 19 of the Federal Constitution, Cst.).

Third-generation naturalisation (Art. 24a SCA)

Young people of the third generation born and raised in Switzerland can, under certain conditions, apply for facilitated naturalisation (Art. 24a SCA, in force since 15 February 2018). The conditions include:

• the applicant was born in Switzerland;
• at least one grandparent lived in Switzerland or had a right of residence;
• at least one parent had a certain period of residence, a right of residence and part of their schooling here;
• the applicant attended part of compulsory school here;
• the application is filed before an age limit.

The exact thresholds are in Art. 24a SCA and the Swiss Citizenship Ordinance (SCO, SR 141.01). The rule follows the popular vote of 12 February 2017. This is a later option for the child, not part of the birth itself; see the SEM citizenship page and your cantonal naturalisation authority.

Blended families and same-sex parents

• Stepfamilies: the legal parent-child relationship counts, not who lives together. A step-parent becomes a legal parent only through adoption.
• Married women: since marriage for all came into force on 1 July 2022, same-sex couples can marry. If the mother is married to a woman at the birth and the child was conceived by sperm donation under the Reproductive Medicine Act (RMA, SR 810.11), the mother's wife is the other legal parent (Art. 255a CC). Ask the civil registry office about conditions and transitional rules.
• Surrogacy: banned in Switzerland (Art. 119 Cst. with the RMA). Surrogacy abroad is not automatically recognised; the civil registry office and possibly the courts examine the parent-child relationship. Contact the civil registry office and a specialised lawyer straight away.

Practical tips

• Keep your identity and civil-status documents ready; the hospital starts the process.
• If you are not married, consider recognising paternity before or right after the birth to avoid problems with travel, citizenship and the permit. Discuss timing with the civil registry office and, if needed, a lawyer.
• Register a foreign child with the migration office within the deadline, in parallel with the civil-status entry.
• Take out health insurance within three months.
• Get legal help quickly if there is a risk of statelessness, unclear paternity or a blended-family complication.

Cantonal differences

Where to get help

• Civil registry office where you live or where the child was born: registration, paternity recognition, cross-border cases.
• Cantonal migration office: the child's permit and registration.
• SEM citizenship page: https://www.sem.admin.ch/sem/de/home/themen/buergerrecht.html; the SEM also helps where a child risks being stateless.
• UNHCR Switzerland and Liechtenstein: advice on statelessness.
• Swiss Refugee Council (OSAR): for families on the asylum track.
• A lawyer specialising in family, citizenship or private international law.

Related pages

• FNIA and OASA glossary: family reunification and the duty to register.
• Divorce and your permit (Art. 50 FNIA): if the parents later divorce.