16. Is donation of sperm/oocytes/embryos anonymous? Yes. This depends on the legislation of the countries from which the donations originate.

17. Is it possible to obtain information about the biological origin of a child born after gametes of embryo donation? 

i. For the child him or herself; ii. For the parents; iii. For a court No, however, the draft law 6568A, reforming the law of filiation, amending - the Civil Code, - the New Code of Civil Procedure, - the Criminal Code, - the Act of 11-21 Germinal An XI on first names and changes of name, - and the Municipal Act of 13 December 1988 provides that ‘The child has the right to have, as far as possible, access to his or her origins. This access to his or her origins has no effect on his or her civil status or filiation’. It should be noted that this draft provision will not give rise to an obligation of result on the part of the public authorities and will apply whether it is a question of access to data relating to a person's origins in the event of childbirth under X, full adoption, medically assisted procreation or surrogate motherhood.

a. Identity of the donor(s) 

i. For the child him or herself; ii. For the parents; iii. For a court NA

b. Certain health information concerning the donor(s)

i. For the child him or herself; ii. For the parents; iii. For a court NA

c. Other information

i. For the child him or herself; ii. For the parents; iii. For a court

This depends on the legislation of the countries from which the donations originate.

18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? No. See Art.312 of the Civil Code cited in the section I – relevant instruments or draft instruments.

19. Is there an important current debate in your country on these or related issues?  NA

20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. 

A draft law on MAP is currently before Parliament. Parliament had planned to hold a broad policy debate, but this has not yet taken place.

The National Ethics Commission has issued a very comprehensive opinion on all aspects of MAP.

3. Are MAP procedures covered by the social security system? Yes

4. Are there specific criteria for such coverage? Yes. Age limit of woman – 43 years old.

5. Is the financial coverage limited to a number of MAP procedures? Yes. Four attempts.

1. Is access to medically assisted procreation (MAP)

a. restricted to heterosexual couples? No

b. possible for women not living in a heterosexual couple? Yes. Selection on the basis of a psychologist’s opinion and following the recommendations formulated by the National Ethics Commission.

6. Is donation of sperm/oocytes/embryos permitted in your country? sperm Yes /oocytes Yes /embryos No

7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No

8. Are there specific criteria for donation of sperm/oocytes/embryos? sperm Yes /oocytes Yes /embryos Yes. In fact there is neither a collection nor a bank in Luxembourg.  The service functions in collaboration with a foreign bank.

9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. Five classic characteristics (blood group, complexion, eyes, colour of hair, height).

10. Are there special measures for the prevention of consanguinity? No. The straws of sperm come from abroad.

11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No. No. However, the lawl 6568A on the reform of parentage law, amending - the Civil Code, - the New Code of Civil Procedure, - the Criminal Code, - the law of 11-21 Germinal Year XI on first names and changes of name, - and the communal law of 13 December 1988 provides for a new civil act called the ‘parenthood act’, which makes it possible to recognise in Luxembourg a child resulting from MAP (carried out in Luxembourg or abroad) or from surrogate motherhood or procreation carried out abroad. For these cases, it proposes the creation of a new civil status record enabling detailed sociological recognition. This act of parenthood can be made by any person, regardless of their sexual orientation, family status or chosen family model.

2. Are there specific criteria for access to MAP? Biological examinations as laid down by the French Bioethics Law.

Medical reasons:

a. Infertility:

For a heterosexual couple? Yes; For women not living in a heterosexual couple? Yes

b. Risk of transmission of a disease

For a heterosexual couple Yes?; For women not living in a heterosexual couple? Yes

c. Other N/A

There is a proposed law, in this case a private member's bill, on PMA (Bill 6797). Parliament had planned to hold a broad policy debate on this issue, but this has not yet taken place.

If there is no legal instrument, describe the practice.

It is important to note that PMA is not currently regulated in Luxembourg. However, article 312 of the Civil Code declares “inadmissible” the action for disavowal brought by the mother's husband “if it is established, by all means of proof, that the child was conceived by artificial insemination, either with the husband's sperm, or that of a third party with the husband's written consent”.

In addition, the Laboratoire National de Procréation Médicalement Assistée (PMA), an integral part of the PMA Service of the Centre Hospitalier du Luxembourg, and the Centre de traitement de l'infertilité de la Maternité HRS (Dr.Bohler) are the two main points of contact for reproductive medicine in Luxembourg.