The Affidavit To Use The Surname Of The Father is a crucial legal document within the Swiss civil law system, typically used when there is a desire to formally change a child's surname to that of their biological father. This situation commonly arises in cases where parents were not married at the time of birth, following paternity recognition, or in specific circumstances where the child's current surname differs from the father's. The document must comply with Swiss federal law while also considering cantonal requirements, and typically includes detailed information about all parties involved, the reasons for the name change request, and necessary consents. It forms part of the official application process to the civil registry office and may require supporting documentation such as birth certificates, proof of paternity, and residence certificates. The affidavit must be executed in accordance with Swiss legal requirements, often requiring notarization and potentially certified translations if any party is not Swiss.
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1. Title and Declaration: Formal title of the affidavit and opening declaration stating this is a sworn statement
2. Declarant Information: Full legal name, address, date of birth, and nationality of the person making the affidavit
3. Child Information: Full details of the child including current legal name, date of birth, place of birth, and current address
4. Father Information: Full legal details of the father whose surname is to be used, including his full name, date of birth, and current address
5. Current Legal Status: Statement of the current legal relationship between father and child, including any existing recognition of paternity
6. Request Details: Specific details of the surname change request, including the exact surname to be adopted
7. Reasons and Justification: Detailed explanation of why the change is being requested and how it serves the child's interests
8. Consent Declarations: Statements of consent from relevant parties (e.g., both parents if applicable)
9. Legal Framework: Reference to relevant Swiss legal provisions under which the request is made
10. Verification: Formal closing statement affirming the truth of the contents and understanding of legal consequences
11. Signature Block: Space for signature, date, and place of signing
1. Mother's Statement: Additional section for mother's explicit consent and statement, required if mother has shared custody or legal rights
2. Child's Consent: Required if the child is over a certain age (typically 12 in Switzerland) and capable of forming their own opinion
3. International Aspects: Required if any party has foreign nationality or if international recognition of the name change might be needed
4. Previous Name Changes: Required if there have been any previous name changes for the child
5. Guardian Statement: Required if there is a legal guardian other than the parents involved
1. Birth Certificate: Certified copy of the child's current birth certificate
2. Father's Identity Documents: Copies of father's passport or Swiss ID card
3. Recognition of Paternity: Official documentation of paternity recognition if applicable
4. Proof of Residence: Current residence certificates for all relevant parties
5. Translation Certificates: Certified translations of any documents not in an official Swiss language
6. Consent Forms: Signed consent forms from all relevant parties
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