Questione giuridica chiave
Whether adoption by a mother's concubine can preserve the existing maternal filiation under Swiss adoption law.
Decisione estratta
No. The Civil Code does not allow a concubine to be treated like a spouse for purposes of stepchild adoption; the adoption is a single-parent adoption and extinguishes prior filiation except for the spouse exception.
Motivazione estratta
The wording, system, history and purpose of Arts. 264a and 267 CC exclude adoption by concubines and exclude maintaining the prior maternal link. There is no true gap to be filled by analogy.