CH-BTH-03 — Найдёныш (ст. 3 BüG)

The following conditions must be satisfied for Art 3 BüG to operate:

1. Found in Switzerland: The child must be physically found within Swiss federal territory (one of the 26 cantons). Foundlings found in Liechtenstein are subject to LI law (LI BüG parallel provision); the CH-LI monetary and customs union does not extend Art 3 BüG to LI territory.

2. Unknown parentage: Both parents must be unknown. "Unknown" means that despite reasonable investigative efforts by the child's immediate caregivers, the cantonal child-protection authority (KESB), and civil-registry authorities, neither parent's identity can be established. A child found with identifying documents naming a parent does not qualify as a foundling for Art 3 purposes.

3. Minor status: Art 3 BüG applies to children (minors under 18). A foundling discovered as an adult would not be covered by this provision — though Art 23 BüG (stateless minor facilitated naturalization) and Art 43 BüG (doubt resolution) might apply depending on circumstances.

4. No established foreign nationality: If the child is identified as having foreign parents or a confirmed foreign nationality through subsequent investigation, the Art 3 acquisition may be challenged under Art 43 BüG (doubt resolution) or the acquisition may be treated as provisional pending determination. The rebuttable nature of the presumption means that discovery of foreign parentage can defeat the Art 3 claim.

5. Location on Swiss federal territory at time of discovery: The operative factual moment is when the child is found — not when the civil registry notation is made. A child abandoned at a Swiss hospital, train station, or public space on Swiss territory qualifies.

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Art 3 BüG operates automatically at the moment a foundling is found on Swiss territory. The administrative registration procedure is:

Step 1 — Discovery and initial reporting The person or organization that discovers an abandoned child (individual, hospital, police, KESB) notifies the cantonal police authority. The police report constitutes the documentary anchor for the "found in Switzerland" factual element.

Step 2 — KESB involvement and guardian appointment The cantonal KESB (Kindes- und Erwachsenenschutzbehörde) is notified and assigns a guardian (Vormund) under ZGB Art 298. The guardian represents the child's legal interests in all subsequent proceedings.

Step 3 — Identity investigation Cantonal authorities conduct reasonable investigations to establish parentage: reviewing hospital records, DNA databases (if established), national and international missing-persons records, and cantonal birth registers. If parentage cannot be established within a reasonable period (typically several months), the foundling status is confirmed.

Step 4 — Civil registry notification and Heimatort assignment The cantonal Zivilstandsamt registers the foundling as a Swiss citizen under Art 3 BüG in the Infostar civil register. The SEM or cantonal authority assigns a Heimatort — typically the commune where the child was found, or a designated receiving commune.

Step 5 — Swiss identity documentation Following Infostar registration, the foundling's guardian can apply for a Swiss Reisepass (passport) and Identitätskarte (identity card) through the cantonal passport authority. A Heimatschein is issued by the assigned Heimatgemeinde.

Step 6 — Rebuttable presumption monitoring The cantonal KESB and Zivilstandsamt remain alert to any subsequent identification of parents. If a foreign national claims parentage and provides satisfactory evidence, the SEM may initiate an Art 43 BüG Feststellung procedure to resolve whether Art 3 BüG citizenship is displaced by the established foreign parentage. If the child has a confirmed foreign nationality, the Art 3 Swiss citizenship may be deemed not to have arisen.

Bundesamt für Justiz (BJ): As the supervising federal authority for civil-status matters, BJ may be involved in complex foundling cases where Heimatort assignment is contested or where the interplay with international child-protection obligations requires federal-level coordination.

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The Art 3 citizenship acquisition is instantaneous — by statute the foundling "is deemed to be a Swiss citizen" at the moment of discovery on Swiss territory. Administrative registration timelines:

• Initial police report: Same day as discovery.
• KESB guardian appointment: 1-4 weeks from police report.
• Identity investigation period: 1-6 months (canton-dependent; urban cantons typically faster with more investigative resources).
• Zivilstandsamt Infostar registration (if parentage unresolved): 2-6 months from discovery.
• Heimatschein issuance: Within days of Infostar registration.
• Swiss passport issuance: 10 working days (standard) / 3 working days (urgent) from registration.

Total practical timeline from discovery to Swiss passport: 3-8 months in typical cases.

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The foundling's citizenship acquisition itself is fee-free — citizenship arises by operation of law. Associated administrative costs are borne by the public authority (cantonal KESB budget, communal civil registry budget):

• Zivilstandsamt registration: No charge to the child/guardian
• KESB guardianship administration: No charge to the child/guardian (public service)
• Heimatschein issuance: No charge for initial issuance (subsequent requests: CHF 0-50 by commune)
• Swiss passport for child (guardian applies): CHF 45 (under 18; standard fee)
• Swiss identity card for child: CHF 35

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Primary statute: BüG 2014 Art 3 (SR 141.0, in-force 2018-01-01)

Art 3 BüG: "Ein Findelkind, dessen Eltern unbekannt sind und das in der Schweiz gefunden worden ist, gilt als Schweizer Bürger. Das Kind erwirbt das Kantons- und das Gemeindebürgerrecht gemäss der Zuständigkeitsordnung des Bundes." [A foundling whose parents are unknown and who has been found in Switzerland is deemed to be a Swiss citizen. The child acquires cantonal and communal citizenship according to the competence order of the Confederation.]

BV Art 38: The constitutional basis for federal citizenship regulation (BV Art 38(1) — the Confederation regulates acquisition and loss of citizenship by birth, marriage, or descent).

Heimatort assignment: BüG Art 3(2) provides that the foundling acquires cantonal and communal citizenship according to the federal competence rules. In practice, the Bund assigns a Heimatort in the canton and commune where the child was found, or the SEM designates a Heimatort. The specific assignment procedure is set out in the BüV (Bürgerrechtsverordnung, SR 141.01).

1954 Convention (VC-CH-W3D-001): The 1954 Convention relating to the Status of Stateless Persons (Art 32 — facilitation of naturalization of stateless persons) is the treaty-law anchor for the foundling provision. CH ratified the 1954 Convention on 1972-07-03 (entry into force 1972-10-01). Art 3 BüG is the domestic operationalization of the 1954 Art 32 obligation for foundlings.

ZGB Art 298 et seq.: The child-protection authority (KESB) takes guardianship of the foundling (ZGB Art 298 — guardian of a child with no known parents or with parents who cannot exercise parental authority). The KESB coordinates with the cantonal Zivilstandsamt for civil registry purposes.

Domestic parallel — Art 23 BüG: Art 23 BüG provides facilitated naturalization for stateless minors (not foundlings) — a person born stateless or who has become stateless, with 5 years of Swiss residence including 1 year immediately prior to application. Art 3 is the immediate-acquisition provision for foundlings; Art 23 is the facilitated-application provision for known-identity stateless minors. The two provisions address adjacent but distinct situations.

1961 Convention non-party status (VC-CH-W3D-002): Switzerland is NOT party to the 1961 Convention on the Reduction of Statelessness. Article 2 of the 1961 Convention requires parties to grant nationality to foundlings found on their territory. CH's Art 3 BüG achieves this outcome by domestic law without treaty obligation — making it a notable example of domestic implementation beyond treaty requirement.

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