La gestion des dossiers de l’adoption internationale en Suisse : Quo vadis ?

Abstract

In the wake of the illegal adoptions scandal in Sri Lanka, which came to light in December 2020, the Federal Council recognised the seriousness of the situation and took the decision on 29 January 2025 to halt international adoptions in future. In addition, but of no less significance, these scandals raise the urgent question of how to manage the records generated during adoption procedures. While there is unanimous agreement on the central importance of the records in asserting a right related to one’s identity, initiating a search for origins and (re)constructing a person’s life path, it must be noted that there is no clear guidance on how to manage them. Indeed, the documentation gathered in the context of international adoption procedures poses a real archival challenge when considering certain issues such as file tracking, compliance with – at times contradictory - legal references in this domain, the challenges of preservation and access over several generations, and the specific communication skills required during consultations. Added to this basic complexity is the Swiss federal system, which assigns the implementation of public adoption policies to the cantons, resulting in a proliferation of organisational structures, standards and practices. This article therefore attempts to map out, as a necessary first step, these multiple dimensions of complexity at the Swiss level. It concludes with a proposal for a model for governing international adoption cases drawing on the system put in place to respond to requests from victims of compulsory social measures and placements.