Questione giuridica chiave
Whether the Californian birth certificate and judgment establishing parentage with the two men can be recognized in Switzerland despite surrogacy and egg donation prohibitions.
Decisione estratta
After a comprehensive balancing of interests, recognition does not violate Swiss ordre public.
Motivazione estratta
Although the men circumvented Swiss constitutional and statutory prohibitions by using a foreign legal system without such bans, the factual parent-child relationship exists under American law, and the child lives with the two men in Switzerland. In view of the child's welfare and the need for a clear and uniform legal situation, recognition of the parent-child relationship to the two men is required.