The law of filiation defines the legal relationship between a child and their parents. This bond forms the foundation for parental authority, maintenance obligations, and inheritance rights.
In a question élargie in Parliament this Thursday, DP Member of Parliament Corinne Cahen asked the Minister of Justice about the current status of the work on automatic legal recognition for same-sex parents in the context of medically assisted reproduction (procréation médicalement assistée). In this context, the DP MP also referred to a reform project on filiation that has been under preparation for more than ten years.
Corinne Cahen cited the example of a woman who already has a child and who, together with her partner, is expecting twins through in vitro fertilisation. Under current rules, the mother who did not carry the child must adopt her own child. However, this procedure can only begin once the child is three months old. The MP stressed that this situation means that the mother who did not carry the child has no right to birth leave and can only take parental leave once the adoption has been completed. According to Corinne Cahen, this is neither in the interest of the parents nor, above all, in the interest of the child. She therefore addressed the following questions to the minister:
What is the current status of the work on the reform of the law of filiation?
Have discussions already taken place with the National Consultative Ethics Committee?
Is the creation of a multidisciplinary advisory body planned, as recommended by Parliament?
Are there figures on how many such cases have occurred in Luxembourg in recent years?
The Minister of Justice replied that the reform of the law on filiation is currently blocked because the Council of State has requested that it be framed by a bioethics law. However, the Minister of Health is still awaiting an opinion from the National Ethics Committee, which is expected shortly. In the meantime, the Ministry of Justice has commissioned an expert to examine what measures could already be implemented without a bioethics law. It is also being assessed whether the waiting period before initiating an adoption could be shortened. With regard to leave entitlements, discussions will be held with the Minister for Family Affairs, Max Hahn, to explore what solutions might be possible at that level.
