Key legal question
Whether a child born before the mother's marriage is legitimized by the later marriage when the husband is not the father.
Extracted holding
No. Legitimation by subsequent marriage presupposes that the child's natural parents marry each other; if the husband is not the father, the child is not legitimized by that marriage.
Extracted reasoning
Legitimation means the child acquires the rights of a legitimate child vis-à-vis both natural parents and enters the father's family. Article 54 of the Federal Constitution clearly assumes the marriage of the parents. Since Stalder expressly stated that he was not the child's father, the child remained чужд to him and could only be adopted under cantonal law.