Best Same Sex & LGBT Lawyers in Dornach

About Same Sex & LGBT Law in Dornach, Switzerland

People in Dornach are protected by Swiss federal law and cantonal procedures in the canton of Solothurn. Switzerland recognizes marriage for same-sex couples, grants equal spousal rights, and allows legal gender change by self-declaration at the civil registry. Protections against public hate speech based on sexual orientation exist in the Swiss Criminal Code. Families with two mothers or two fathers can establish parentage and adopt, with important differences depending on the path to parenthood. Daily life issues such as immigration, tenancy, employment, education, healthcare, and estate planning are governed by a mix of federal rules and cantonal practice. A local lawyer can help you navigate these rules and the relevant offices in and around Dornach.

Why You May Need a Lawyer

You may need a lawyer if you are planning to marry or convert a registered partnership to a marriage and want a prenuptial or property agreement that meets Swiss requirements. If you are building a family, a lawyer can guide you on parentage for two mothers, adoption steps for two fathers, recognition of foreign birth documents, and the impact of surrogacy laws. Cross-border couples often need advice on residence permits, family reunification, and recognition of foreign marriages or judgments. If you face discrimination at work or in housing, or experience hate speech or violence, counsel can explain your options under criminal, civil, and labor law and represent you before authorities or courts.

Trans and non-cis clients often seek help with legal gender and name changes at the civil registry, coordination with schools and employers, and correction of official records. In separation or divorce, LGBTQIA clients benefit from advice on maintenance, division of property, parental authority, and international jurisdiction if partners come from different countries. A lawyer is also valuable for wills, cohabitation contracts, hospital directives, and pension planning that protect your partner or children if the unexpected happens.

Local Laws Overview

Marriage for all is in force across Switzerland. Same-sex couples can marry at the local civil registry and enjoy the same marital, inheritance, tax, and pension rights as different-sex couples. Since the reform, new registered partnerships can no longer be formed, but existing registered partners may keep the status or convert it to marriage by declaration at the civil registry. Conversion affects rights and can simplify later procedures, so legal advice can be useful.

Parenthood rules depend on the path to conception and the parents sex. Married female couples who conceive with approved sperm donation in Switzerland can have both mothers recorded at birth. If conception occurred abroad or outside the Swiss framework, second-parent adoption may be required. Married male couples cannot access surrogacy in Switzerland because surrogacy is prohibited. Many families pursue stepchild adoption after a foreign surrogacy arrangement, but recognition is not automatic and depends on the best interests of the child and Swiss public policy. All joint adoptions by married same-sex spouses are possible under Swiss law and follow the same criteria as for other couples.

Legal gender and name can be changed by a simple declaration at the civil registry for persons recorded in the Swiss civil register. No medical diagnosis is required. Minors need consent of their legal representative. Current federal law provides male or female markers only. After change, documents and registers are updated, and you can request corrections at schools, employers, insurers, and banks.

Anti-discrimination protections are a patchwork. The Swiss Criminal Code prohibits public incitement to hatred and discrimination based on sexual orientation, as well as certain insults in public contexts. Gender identity is not explicitly listed in the criminal hate speech provision, but other criminal and civil personality protections may apply. In employment, there is no specific federal statute for sexual orientation discrimination. Workers rely on personality rights, general labor protections, and internal regulations. Many disputes are resolved through negotiated settlements. A lawyer can assess feasibility and strategy in the canton of Solothurn.

Immigration and family reunification treat same-sex spouses and different-sex spouses equally. A Swiss citizen or a resident with a qualifying permit may bring a same-sex spouse and eligible children under the Foreign Nationals and Integration Act. Authorities in the canton of Solothurn handle local processing. Careful documentation of a genuine marriage or partnership is essential, especially for recent marriages abroad.

In Dornach you will interact with the civil registry office for marriage, conversion of registered partnership, and gender and name change. The child and adult protection authority handles parental authority, guardianship, and protective measures. The cantonal migration office handles permits and family reunification. The cantonal police receives reports of hate crimes and domestic violence. Courts in the Dorneck-Thierstein district hear many family and civil matters.

Frequently Asked Questions

Is same-sex marriage legal in Dornach and how do we marry?

Yes. Same-sex couples marry at the local civil registry, just like different-sex couples. You file a notice of intended marriage with identification and civil status documents. After approval, the registry schedules the ceremony. A lawyer can help if you have foreign documents, prior marriages, or need a marital agreement.

We have a registered partnership. Can we convert it to a marriage?

Yes. Since marriage for all took effect, you can convert by declaration at the civil registry. You can keep the original partnership date for certain purposes. Conversion is administrative but can affect property regimes and international recognition, so consider legal advice before you sign.

Can we adopt or have children as a same-sex couple?

Married same-sex couples can jointly adopt under the same criteria as other couples. Married female couples who use approved sperm donation in Switzerland can have both mothers recognized at birth. Two fathers cannot access surrogacy in Switzerland. After foreign surrogacy, recognition of both parents is not automatic and often requires adoption. A lawyer can plan the route that best protects the child.

How is parentage recorded for two mothers and for two fathers?

For married two-mother families using Swiss clinical sperm donation, both mothers can be entered in the civil register at birth. If conception occurred outside the Swiss system, the non-gestational mother usually needs a stepchild adoption. For two-father families, the genetic father may be recognized, and the second father typically secures parentage through adoption if permitted. Each situation is fact specific.

What protections exist against discrimination and hate speech?

Public hate speech and discrimination based on sexual orientation are criminal offenses. Gender identity is not explicitly listed in that article, but other criminal and civil remedies can apply. In private employment and housing there is no comprehensive federal SOGI statute. You can still pursue claims for violations of personality rights, harassment, or breach of contract, and report crimes to the police. Early legal advice improves outcomes.

How do I change my legal gender and name?

You submit a declaration at the civil registry that you wish to change your sex entry and name. No medical evidence is required. Minors need legal representative consent. After the change, you can update identity documents, insurance, payroll, school records, and professional licenses. A lawyer can assist if you face refusals or need to update older judgments or contracts.

How does family reunification work for a same-sex spouse or partner?

Married same-sex spouses are treated equally for residence permits. The Swiss or resident spouse applies with proof of marriage, adequate housing, and financial means. For partners who are not married, options are more limited and depend on permit type and cantonal practice. The Solothurn migration office processes local applications. Preparation and translation of foreign documents are important.

Can a landlord or employer refuse me because I am LGBT?

Open refusals in public advertising based on sexual orientation can breach criminal law. In private decisions, Swiss law lacks a general SOGI civil statute, but you may have claims under personality rights, defamation, or labor law, especially for harassment or unequal treatment. Many disputes resolve through negotiation or mediation. A lawyer can assess evidence and remedies, including rent tribunal or labor court options.

What should I do if I experience harassment or a hate crime?

If you are in danger, call the police. Seek medical care if needed and preserve evidence such as messages, photos, and witness details. Report the incident promptly to the cantonal police and consider support from an LGBT helpline or victim assistance office. A lawyer can represent you in criminal proceedings, claim compensation, and obtain protection orders where appropriate.

Do same-sex spouses have the same rights in inheritance, taxes, and pensions?

Yes. Married same-sex spouses have the same inheritance entitlements, marital property regimes, tax treatment, and survivor pensions as other married couples. Wills, cohabitation contracts for unmarried partners, and beneficiary designations are still important to match your wishes. Legal advice helps coordinate these with cross-border assets and pension rules.

Additional Resources

Local civil registry office for the Dorneck-Thierstein district in the canton of Solothurn for marriage, conversion, and gender or name changes. Child and Adult Protection Authority KESB Dorneck-Thierstein for parental authority, guardianship, and protective measures. Migration Office of the canton of Solothurn for residence permits and family reunification. Cantonal Police of Solothurn for reporting crimes and obtaining protection.

Swiss organizations that support LGBT people include Pink Cross, Los Lesbenorganisation Schweiz, Transgender Network Switzerland, Dachverband Regenbogenfamilien, LGBTI Helpline Schweiz, Swiss Aids Federation, and Checkpoint health centers in the Basel region. For legal referrals, contact the Solothurn Bar Association or specialized LGBT legal advice services. Victim assistance offices in the canton of Solothurn provide confidential help regardless of complaint status.

Next Steps

Clarify your goal, such as marrying, converting a partnership, securing parentage, updating gender and name, resolving a workplace issue, or applying for family reunification. Gather key documents like passports, civil status records, residence permits, proof of residence, medical or school correspondence, and any police reports or messages. Write a short timeline of events and your questions. This preparation reduces costs and speeds up advice.

Contact the civil registry in your district for procedural requirements and available appointments. If children are involved, consult early with KESB or a lawyer to avoid delays. If you need a permit or visa, confirm document legalization and translation requirements with the Solothurn migration office. If you experienced harassment or violence, seek medical care, contact the police, and consider victim assistance while you consult a lawyer.

Choose a lawyer who has experience with Same Sex and LGBT matters in Switzerland, ideally with knowledge of Solothurn procedures and cross-border issues. Ask about scope, fees, and timelines. If you have limited means, inquire about legal aid in the canton of Solothurn or free counseling from LGBT organizations. Legal topics change over time, so verify the latest rules before you act. This guide is informational and does not replace tailored legal advice.