Question juridique clé
Whether the refusal of the adoption complied with Art. 264 and Art. 268a ZGB in view of the child’s welfare and the foster placement.
Solution extraite
The case had not been sufficiently investigated on all essential circumstances; the child-welfare assessment was inadequate, so the refusal could not stand.
Motifs extraits
The Federal Court held that an approved foster placement and the child’s established factual family ties required a careful balancing of the consequences of either adoption or separation. The lower court relied on uncertain assumptions about reintegration, failed to clarify key facts about the child’s origin and legal status, and did not adequately assess the impact of refusing legal recognition of the existing bond. Under Art. 268a ZGB, this was insufficient.