Luxembourg passes sweeping adoption liberalisation

Luxembourg has extended adoption rights to cohabitating couples, individuals in civil partnerships, same-sex couples and singles, in what is a major liberalisation of adoption laws.

Lawmakers on Wednesday approved the broadening of adoption rights in a vote that came two years after the proposed law was tabled by then-Justice Minister Sam Tanson (déi Gréng). Before the reform was passed, legal adoptions were only open to heterosexual, married couples under a legal framework that dated back to 1959 and was last reformed 36 years ago.

The liberalisation reflects the evolving nature of family structures, including the legalistion of same-sex marriage a decade ago, and addresses the rising number of single-parent households in the country, which increased from 3% in 2014 to 9% in 2022.

“Family forms are diverse, they have changed fundamentally,” said Justice Minister Elisabeth Margue (CSV) during the plenary session, adding that “the absolute priority is the best interests of the child”.

According to Tanson, now an MP, “it is not the form of the family that counts, but stability, balance”. Pirate Party lawmaker Sven Clement said that the reform is “a signal for a modern and tolerant society”.

The law was approved by 55 of 60 deputies, with only the socially conservative ADR abstaining from the vote.

“In our opinion, adoption should be used to give a family to a child who does not have one, in order to help his development,” ADR lawmaker Dan Hardy said. He criticised granted the right to adoption to singles, saying that they are “more exposed to the risk of poverty” and more subject to “organisational difficulties” to take care of children. “The interest of the child must be higher than that of the adopter,” he added.

Single parents and children have a voice too

Under the new law, Luxembourg will maintain its dual adoption system, which includes both simple and full adoption. Under full adoption, the ties between the child and their birth parents are completely severed, whereas in simple adoption, the child’s rights with their birth family are retained.

What will change is that registered partners and cohabiting couples will now enjoy the same adoption rights as married couples. Additionally, single individuals will be eligible for full adoptions, giving them exclusive parental authority.

The reform further modifies the requirement for a child’s consent in the adoption process. Consent will now be required only when the child is deemed capable of discernment, rather than automatically at the age of 15.