SDR - RC62/2026 - General scope - Law of parentage

DOCUMENTS :
 
> Recommendation
 
 
SUMMARY :
 
Recommendation No. 62/2026 of the Ombudsman notes that Luxembourg’s law on parentage is no longer in step with changes in family structures. The lack of a clear legal framework affects many children born through means other than the traditional model (same-sex parents, medically assisted reproduction, surrogacy), leading to unequal treatment. These legal loopholes penalise children above all, whereas they should all enjoy the same rights, in particular the right to privacy and to a family, regardless of how they were conceived or their parents’ circumstances.
The recommendation is based on a specific case of surrogacy which led to the refusal of maternity or adoption leave due to the absence of a formal adoption, despite the biological parentage having been recognised abroad. This situation creates discrimination compared with other parents and fails to recognise the primary purpose of such leave, which is to welcome the child into the family and help them settle in. In the interests of the child’s best interests and equality before the law, the Ombudsman calls on the legislature to speed up the reform of parentage law, to introduce a law on bioethics, and to amend social legislation and social security provisions in order to put an end to the current inequalities.