By Mitch Kellaway
Originally published on Advocate.com August 30 2014 10:01 AM ET
In a first, a Swiss gay couple have been recognized as the legal parents of a child conceived via an American surrogate mother, despite surrogacy being illegal in Switzerland, reports the U.K.'s Pink News.
The two St. Gallen-based fathers, whose partnership is legally registered in their home country, chose to have their child through the artificial insemination of a donor egg by one partner's sperm. Both were listed as fathers on the U.S. birth certificate, after their California-based surrogate mother delivered the newborn and abdicated parental rights.
But when Swiss law still considered the surrogate mother and her husband the legal parents of the child, the two gay fathers petitioned the Swiss national registry for parental recognition, supported by their own local registry.
The Federal Office of Justice (FOJ) appealed the couple's petition, forcing the case to be decided by St. Gallen's administrative court earlier this month.
Last week, the court finally announced their decision to recognize the child's California birth certificate. However, according to Gay Star News, a note about the child's genetic surrogate parentage will remain on the record, in a partial acknowledgement of FOJ's complaint.
The justice department can still appeal the decision to Switzerland's supreme court, but has not yet announced any intention to do so.