Affidavit Of Voluntary Relinquishment Of Parental Rights for Switzerland

Affidavit Of Voluntary Relinquishment Of Parental Rights Template for Switzerland

A formal legal document governed by Swiss law that enables a parent to voluntarily and permanently surrender all parental rights and responsibilities to their child or children. This document must comply with the Swiss Civil Code and cantonal regulations, requiring proper notarization and approval from relevant child protection authorities (KESB/APEA). The affidavit serves as a legally binding declaration that includes detailed information about all parties involved, explicit statements of voluntary relinquishment, and acknowledgments of the permanent nature of this decision. It must be executed in accordance with strict Swiss legal requirements to ensure its validity and enforceability.

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What is a Affidavit Of Voluntary Relinquishment Of Parental Rights?

The Affidavit Of Voluntary Relinquishment Of Parental Rights is a critical legal instrument under Swiss law used when a parent wishes to voluntarily terminate their parental rights and responsibilities. This document is typically employed in adoption proceedings, cases where one parent is unable or unwilling to maintain parental responsibilities, or situations where both parents are relinquishing rights to enable state guardianship. The affidavit must comply with the Swiss Civil Code (ZGB/CC) and requires careful preparation to ensure all legal requirements are met. It includes comprehensive information about the parent's voluntary decision, the affected children, and acknowledgments of the permanent nature of the relinquishment. The document must be properly notarized and typically requires review and approval from the local Child Protection Authority (KESB/APEA). Given its serious and irreversible nature, the affidavit usually requires the declarant to demonstrate they have received proper legal counsel and are making an informed decision.

What sections should be included in a Affidavit Of Voluntary Relinquishment Of Parental Rights?

1. Declaration Header: Formal introduction stating the type of document and jurisdiction (Switzerland)

2. Declarant Information: Full legal name, date of birth, current address, and identification details of the parent relinquishing rights

3. Child Information: Full legal name, date of birth, place of birth, and current residence of the child(ren) involved

4. Statement of Capacity: Declaration that the parent is of sound mind and legally capable of making this decision

5. Voluntary Statement: Express statement that the relinquishment is voluntary and made without coercion or duress

6. Acknowledgment of Rights: Detailed listing of parental rights being relinquished and acknowledgment of understanding these rights

7. Acknowledgment of Permanence: Statement acknowledging the permanent and irrevocable nature of the relinquishment

8. Waiver of Notice: Statement waiving right to notice of future legal proceedings regarding the child

9. Declaration of Understanding: Statement confirming understanding of the legal consequences and having received legal counsel

10. Execution: Date, signature block, and notarization section

What sections are optional to include in a Affidavit Of Voluntary Relinquishment Of Parental Rights?

1. Other Parent Information: Information about the other parent's status and rights, included when relevant to the relinquishment

2. Custody Transfer Designation: Specific designation of person or entity to whom custody is being transferred, if applicable

3. International Considerations: Additional declarations required when the case involves international elements or foreign citizenship

4. Medical History Authorization: Authorization to release medical information about the parent or child, if relevant

5. Financial Obligations: Statements regarding any ongoing financial obligations or their termination

What schedules should be included in a Affidavit Of Voluntary Relinquishment Of Parental Rights?

1. Birth Certificate: Certified copy of the child's birth certificate

2. Identification Documents: Copies of declarant's identification documents and proof of address

3. Legal Counsel Certification: Certificate from legal counsel confirming that advice was provided to the declarant

4. Medical Capacity Certificate: If required, medical certificate confirming declarant's mental capacity

5. Translation Certificate: If applicable, certified translations of the affidavit into official Swiss languages

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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