Luxembourg Published on 05.06.13 14:08

State Council objects to new adoption law

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(CS) The Luxembourg State Council has spoken out against a new family law, which would forbid closed adoption procedures to homosexual couples.

While the new law would allow open adoption for same-sex couples, it would reserve the right for closed adoption, in which ties to the birth parents are completely severed, only to heterosexual couples.

The State Council, in a report on the new law, said that this would oppose the principle of equality, anchored in the constitution.

The Council said that the proposal to exclude same-sex couples from full adoption necessitates an argument that the child's best interest requires the existence of a maternal and paternal reference, whether from the adoptive or biological parents.

Citing several international cases, the Council said legal differences based on sex needed very convincing and solid arguments, adding that it would not dispense the second parliamentary vote unless changes were made.

To address the problem in a more general way, the State Council suggests that the law tackle adoption procedures on the whole, looking into the difference between open and closed adoption procedures and how best to serve a child's interest, whether adopted by a heterosexual or same-sex parents.

For the full report in French visit conseil-etat.public.lu

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