The government has no plans to amend the law on surrogacy

The debate on surrogacy has once again taken centre stage in Luxembourg following reports that Jens Spahn, a German politician from the CDU, and his husband became parents through this procedure in the US. Whilst surrogacy is completely banned in neighbouring Germany, Luxembourg currently has no specific legal framework governing this practice.

After more than forty meetings spanning three years, the National Ethics Commission has published a detailed 80-page report on assisted reproductive technologies and surrogacy. Nevertheless, this issue remains complex for the experts, who have been unable to reach a consensus on a number of key aspects. In particular, a minority of commission members oppose any form of surrogacy within the country, whether on an altruistic or commercial basis. Furthermore, the views of around fifteen members were divided on the issue of artificial insemination following the death of a partner, a practice to which several experts were categorically opposed.

Despite internal differences of opinion, the committee members are unanimous on one point: Luxembourg is in urgent need of clear legal regulation of assisted reproduction. However, Justice Minister Élisabeth Margue confirmed that the current government has no plans, as yet, to propose legislative changes in this area. At the same time, she emphasised that the best interests of the child must always remain the top priority. According to the minister, regardless of how children are brought into the world, they must not be subjected to discrimination.

It is clear to both the Government and the National Ethics Commission that the child’s welfare must be at the heart of any discussions and the guiding principle when using new reproductive technologies.