Search for origins: a first step

In continuation of the work linked to the publication on December 11, 2020 of the report “Illegal adoptions of children from Sri Lanka: historical study, search for origins, perspectives”, the Conference of Directors of the Cantonal Departments of Justice and Police (CCDJP ) set up a Working Group on “Tracing of Origins for Adopted Persons”, whose report was published today .

In Switzerland, the search for origins falls under the jurisdiction of the cantons (art. 268c and d of the civil code), and this subject today raises numerous legal, structural and practical questions. The aforementioned legal provisions are in fact quite poorly adapted to the international context of a search for origins, cantonal resources suffer from the gap between a necessary specialization of those involved and a limited number of requests, and the questions linked to the discovery of irregularities which affected an international adoption procedure remain to date without a complete and coherent response. The financial support granted by the CCDJP and the Confederation to the Back to the Roots association for the implementation of a pilot project to support origin research (2022-2024) constitutes an important step, but it addressed only to adoptees from Sri Lanka.

The work was structured into 5 subgroups: psychosocial support, help for victims, search for files and people in Switzerland, international search and illegal adoptions. They made it possible to explore these different themes, in particular by highlighting the gaps in the current context. Their pooling led to the adoption of the following recommendations:

1. Examine and adapt the skills and tasks in the field of information (art. 268d al. 1 CC) and advice (art. 268d al. 4 CC) according to art. 268d CC, as well as the tasks of research services. The people and organizations concerned as well as the cantons must be involved in this work.

2. Review and improve coordination of adoption issues at the political and technical level.

3. Call on specifically trained and qualified people to support and supervise adopted people in the original search process.

4. Create an internationally secure DNA database. Create the necessary legal basis for this.

5. Make the origin tracing process free for everyone involved.

6. Conduct other research projects in the area of ​​adoption.

Reading this report above all highlights the fact that the question of tracing origins, and in particular the issues linked to irregularities, risks reaching an impasse. Indeed, to the extent that the competent cantonal services do not all report to the same department (health, justice, social affairs, etc.), no supra-cantonal body is likely to formally assume responsibility for monitoring this file. At the federal level, the absence of a legal basis prevents at this stage from considering either a delegation of competence to an existing authority (for example the federal central authority for international adoption), or the establishment of a new national structure. The extension of the Back to the Roots pilot project model could be an option, but it requires a designation of budgetary powers which comes up against the same obstacles.

The search for origins reflects the history of adoption in Switzerland: it is complex and fragmented, but also evolving and marked by progress. It has become a national cause whose issues and respect due to adopted people and their families require us to go beyond the limits of federalism.