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Joint Affidavit Of Legitimation for Switzerland

Joint Affidavit Of Legitimation Template for Switzerland

A Joint Affidavit of Legitimation under Swiss law is a formal legal document executed by both parents to establish the legitimate status of a child born outside of marriage, following the parents' subsequent marriage. This document, governed by the Swiss Civil Code and related federal regulations, serves as an official declaration of parentage and legitimation. It requires authentication by a notary public and must be registered with the appropriate civil status office (Zivilstandsamt). The document includes detailed information about both parents, the child, the parents' marriage, and explicit statements regarding the biological relationship and intention to legitimate the child.

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What is a Joint Affidavit Of Legitimation?

The Joint Affidavit of Legitimation is a crucial document in Swiss family law, used when parents who have married after the birth of their child wish to formally establish the child's legitimate status. This document is particularly relevant in cases where the child was born before the parents' marriage and requires official recognition of the parent-child relationship. The affidavit must comply with Swiss Civil Code requirements and includes comprehensive details about all parties involved, including personal information, marriage details, and explicit declarations about the biological relationship. It must be executed before a notary public and subsequently registered with the civil status office. The document may have international implications if any party resides abroad or holds foreign nationality, potentially requiring additional authentication through apostille or diplomatic channels.

What sections should be included in a Joint Affidavit Of Legitimation?

1. Title and Introduction: Formal title of the document and jurisdiction information

2. Identification of Parties: Full legal names, dates of birth, nationalities, and current addresses of both parents

3. Child Information: Full details of the child being legitimated, including current and proposed name, date and place of birth

4. Marriage Declaration: Details of the parents' marriage including date and place

5. Relationship Declaration: Statement confirming biological relationship between father and child

6. Current Custody Status: Declaration of current custody arrangements and parental rights

7. Purpose of Legitimation: Clear statement of the intention and purpose of the legitimation

8. Legal Effects Understanding: Statement acknowledging understanding of legal consequences of legitimation

9. Truth Declaration: Formal declaration that all statements made are true and accurate

10. Execution Block: Signature blocks for both parents with date and place of signing

11. Notarization Block: Space for notary's certification and official seal

What sections are optional to include in a Joint Affidavit Of Legitimation?

1. International Jurisdiction Statement: Required when either party or the child resides outside Switzerland or has multiple nationalities

2. Previous Names Declaration: Needed if any party has previously used different names

3. Additional Witness Statement: Used when additional verification of facts is required or beneficial

4. Language Certification: Required when the document is prepared in multiple languages or when parties require translation

5. Religious Confirmation: Optional section for cases where religious aspects of legitimation are relevant

6. Property Rights Declaration: Required when legitimation affects inheritance or property rights

What schedules should be included in a Joint Affidavit Of Legitimation?

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

2. Marriage Certificate: Certified copy of parents' marriage certificate

3. Identity Documents: Copies of both parents' official identification documents

4. Residence Permits: Copies of current residence permits if applicable

5. Previous Court Orders: Copies of any existing custody or support orders

6. DNA Test Results: If applicable, documentation of biological relationship

7. Translation Certificates: Official translations of any documents not in an official Swiss language

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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