Luxembourg reforms adoption law: more equality, more rights for children

The Luxembourg Parliament has approved a major reform of adoption law that takes into account changes in the social structure and the growing diversity of family models. The new law aims to strengthen the rights of the child and ensure equality between all prospective adoptive parents, regardless of their family status.

Justice Minister Elisabeth Margue emphasises that the updated legal framework allows for adaptation to the realities: "We live in a society where there are many forms of family. The law must be adapted to these changes while remaining faithful to the principle of the best interests of the child.

Adoption (both simple and full adoption) is now available not only for legally married couples, but also for partners in registered unions and persons living in unregistered cohabitation. This change is particularly important for so-called "blended" families, where one partner raises the child of the other.

In addition, the adoption of stepchildren, previously only allowed for married couples, is now extended to unmarried partners. This means that children will also be able to be formally recognised by another adult who plays an important role in their lives.

A child who is capable of conscious perception now becomes an active party in the adoption process. His or her consent is mandatory for the procedure. Thus, for the first time, the personality and will of the adoptee himself are clearly enshrined in the legal structure.

The innovations also authorise full adoption by a single person, regardless of their marital status. This means that single people who can offer a stable and loving environment can now fully realise their right to start a family with a child.

The minimum requirement of a 15-year age difference between the adoptive parent and the adoptee remains. However, the court may now make exceptions if there are justified reasons - for example, in cases where a relationship has already developed within the same family but does not fulfil the formal criteria.

What is a simple and full adoption?

- A simple adoption allows you to retain legal ties to your biological family, including inheritance rights.

- Full adoption completely replaces the child's origins: the child becomes the legal descendant of the adoptive parents and loses all ties to the biological family - except in the case of a spouse's child being adopted (in which case one of the lines of descent is retained).

Thus, the reform not only brings Luxembourg law closer to European standards, but also reflects the state's desire to keep pace with a society where the family has long ceased to be uniform.