Swiss Supreme Court nixes gay couple as fathers

The Federal Supreme Court of Switzerland has refused to recognise two gay men as the legal parents of a four-year-old child.

The couple, from the Swiss city of Saint Gallen, had the child through a surrogate mother in California using one of the men’s sperm.

While the men are both listed as the parents on the child’s US birth certificate, they sought to also be registered as joint parents in Switzerland.

An administrative court ruled in their favour last year, but, on Thursday, the Supreme Court reversed the decision, ruling that only the biological father can be recognised as a parent.

According to The Local, the mother’s name was also ordered to be registered as the child’s legal mother. The decision was taken because Switzerland does not allow children to be born through a surrogate, unlike in California.

The court refused to accept the American birth certificate as it would amount to recognising surrogacy in Switzerland.

The couple will have to take the matter to the European Court of Human Rights if they wish to attempt to overturn the ruling.

Same-sex relationships can be registered as legal partnerships in Switzerland but full marriage equality has yet to become a reality. Joint adoption by same-sex couples is also not legal.