Summary

The Federal Council identifies significant deficiencies in its postulate report from April 15, 2026, in the registration of births and marriages without complete documentation. Current procedures are lengthy, costly, and hampered by unclear responsibilities between courts and civil registry authorities. The EJPD is tasked with submitting a consultation draft for a revision of the Civil Code by the end of 2027. Foreigners without documents from their countries of origin are particularly affected.

Persons

  • Federal Council (Institution)
  • EJPD – Federal Department of Justice and Police (Institution)

Topics

  • Civil Registry
  • Civil Code (ZGB)
  • Administrative Procedures
  • Documentation

Clarus Lead

The revision addresses a growing practitioner problem: millions of people worldwide lack official civil status documents, which blocks their legal capacity in Switzerland. The planned legislative reform by 2027 signals that the Federal Council prioritizes the interface between migration and legal certainty – a signal for cantons and courts that currently must handle ad-hoc solutions.

Detailed Summary

The civil registry (Infostar) documents central life events such as births, marriages, and paternity acknowledgments. These entries serve as evidence in court proceedings and before social insurance authorities and require sufficient proof of the recorded facts.

Current legislation in the Civil Code formally regulates how data can be recorded, corrected, or deleted when documentation is insufficient. In practice, however, significant inefficiencies arise: courts and civil registry authorities sometimes have conflicting competencies, leading to delays and high costs for affected persons. Particularly vulnerable groups – especially migrants from countries with weak administrative structures – bear the burden of this procedural uncertainty.

The Federal Council tasks the EJPD with preparing a consultation draft by the end of 2027. This should clarify the distribution of responsibilities and streamline procedures without lowering evidentiary standards.

Key Points

  • Current procedures for registering civil status events without complete documentation are uncoordinated, expensive, and lengthy
  • Unclear responsibilities between courts and civil registry authorities lead to competency conflicts
  • The EJPD is tasked with submitting a legislative draft for Civil Code revision by the end of 2027

Critical Questions

  1. Evidence: What quantitative data exist on average procedure duration and cost burden? The report states "lengthy and expensive" but provides no benchmarks.

  2. Conflicts of Interest: Which cantons and authorities shaped the report? Are there diverging regional interests in the redesign?

  3. Causality: Are delays primarily a result of unclear responsibilities or insufficient resources at civil registry authorities? The diagnosis does not sufficiently distinguish between these.

  4. Feasibility: How can uniform regulation be achieved with federal competency distribution (cantons administer civil status) by 2027? Is the timeframe realistic?

  5. Side Effects: Could a simplification of evidentiary requirements lead to abuse or endanger the integrity of the register?

Sources

Primary Source: Federal Council Postulate Report – Civil Registry: Registration with Missing Documents – https://www.news.admin.ch/de/newnsb/SiuxatqnnaqT4n2Rb0ODG (15.04.2026)

Verification Status: ✓ 15.04.2026

This text was created with the support of an AI model. Editorial Responsibility: clarus.news | Fact-Check: 15.04.2026