For the first time since 1989, Luxembourg’s adoption law has been modernised to better reflect societal changes. The new legislation, passed on Wednesday, expands adoption rights beyond married couples, allowing those in registered partnerships (PACS), unmarried couples in stable relationships, and even single individuals to adopt a child.
Until now, only married couples could carry out a full adoption, which legally severs ties with the biological family, as opposed to the ‘simple adoption’ procedure after which a link to the biological family remains in place. Since 2014, same-sex married couples have also been eligible.
With the new reform, adoption is now accessible to a wider range of family structures, aligning with evolving social norms and recent court rulings.
Another important update ensures that children and teenagers must be consulted before an adoption is finalised, provided they are capable of making an informed judgement call. Previously, this was only required for children aged 15 and older.
Minister of Justice Elisabeth Margue emphasised the importance of adapting the legal framework to reflect modern society and diverse family models: “Our legal framework must take account of the modern society in which we live and, more particularly, of all the different types of family that now exist. Always respecting the best interests of the child, we ensure that anyone capable of offering a stable and loving family to a child will be able to do so.”
The Christian Social People’s Party (CSV), whose MP Charel Weiler presented the reform, emphasised that the changes are about children’s right to a family rather than adults’ right to a child. The judiciary will continue to assess whether an adoption is in the best interest of the child, regardless of the applicant’s family structure.
The Democratic Party (DP), the Luxembourg Socialist Workers’ Party (LSAP), the Greens (Déi Gréng), the Left (Déi Lénk), and the Pirate Party all welcomed the reform as a long-overdue step forward.
However, the Alternative Democratic Reform Party (ADR), despite supporting greater involvement of children in the adoption process, opposed the expansion to single parents. ADR MP Dan Hardy argued that single-parent households face the highest risk of poverty, which he viewed as a potential risk for adopted children.
Former Justice Minister Sam Tanson (Déi Gréng) strongly rejected this argument, stating that poverty should be tackled directly rather than prohibiting single parents from adopting simply because they are financially disadvantaged.
