Surrogacy has recently returned to the spotlight in Luxembourg following media reports that German CDU politician Jens Spahn and his husband became parents via surrogacy in the United States.
While surrogacy is banned in Germany, Luxembourg currently has no specific legal framework governing the practice.
The topic remains a challenging one for Luxembourg’s National Ethics Commission, which has struggled to reach consensus on many aspects.
After more than 40 sittings, the National Ethics Commission has published its opinion on assisted reproduction, referred to as 'procréation médicalement assistée' (PMA), and on surrogacy.
The commission makes clear that its members could not agree on every point. It notes that a minority of members are opposed to any form of surrogacy in Luxembourg, whether altruistic or commercial.
The report highlights that these new reproductive technologies raise complex political, legal, and ethical questions.
For instance, the commission was also divided on the issue of artificial insemination after the death of a partner ('PMA post mortem'), with several members expressing clear opposition.
On one point, however, the approximately 15 commission members are united: there is a need for a legal framework governing artificial reproduction in Luxembourg.
Regarding surrogacy itself, CSV Minister of Justice Élisabeth Margue recently confirmed to RTL that the current government does not plan to propose legislative changes on the matter, but stressed that the best interests of the child must always be the overriding concern.
The minister further underlined that regardless of how a child is born, they should not be penalised for it.
In this context, administrative obstacles, such as recognising or registering a child, may be reviewed as part of the national LGBTQ+ action plan.
For the Ethics Commission as well, it is clear that the child must always be at the centre of any discussion. The commission believes that new reproductive technologies should only be used with the child’s welfare as the guiding principle.
The previous government tasked the Ethics Commission with providing an opinion on artificial reproduction and surrogacy three years ago. The full opinion, which runs to nearly 80 pages, is available here in French.
