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Adoption is a protective measure for children without a family. All children have the right to grow up in a family, but not all parents have the right to a child.
You can adopt a child living in Luxembourg or a child living abroad.
Simple adoption is creation by judgment of parentage1) between 2 people (the adopter and the adopted).
It allows the adopted person to retain all rights and obligations in his or her family of origin, and in particular his or her hereditary rights.
In the case of adoption of a minor, the procedure differs depending on whether or not the future adopters have already taken in the adopted child with a view to adoption.
Simple adoption is open to national and foreign residents of Luxembourg.
Plenary adoption is the creation by judgment of parentage between 2 people (the adopter and the adopted).
It confers on the adopted person and his or her descendants the same rights and obligations as if he or she had been born of the adopters' marriage.
Adoption replaces original filiation and breaks all ties with the adopted person's blood family, except when the adoption concerns the child of the spouse: in this case, the adopted person's original filiation with regard to the spouse and his or her family survives.
The procedure differs depending on whether or not the spouses wishing to adopt a child have already taken in the child with a view to adoption.
Plenary adoption is open to national and foreign residents of Luxembourg.
1) Legal bond between parents and children. At present, filiation can be legitimate (child born in wedlock) or natural (child born out of wedlock).
The conditions required to proceed with a simple adoption are governed by the national law of the adopters. If the adoption is made by two spouses of different nationalities or if both or one of them is stateless, the applicable law is that of the common habitual residence at the time of application.
The conditions required to be adopted are governed by the national law of the adopted person, unless the adoption causes the adopted person to acquire the nationality of the adopter, in which case they are governed by the national law of the adopter.
In the event of a conflict between the rules of jurisdiction laid down by the national law of the adopter and those laid down by the national law of the adopted person, the adoption is validly concluded according to the forms prescribed by the law of the country where the adoption took place and before the authorities competent under that same law.
In Luxembourg, a simple adoption can only take place if there are sufficient fair grounds and if it presents benefits for the adoptee.
When a simple adoption is requested by 2 husbands not separated from bed and board, one must be more than 25 years oldthe other at least 21 years old.
Unless there are good reasons to the contrary, the adopter must have 15 years older than the child.
When a simple adoption is requested by a spouse for the benefit of spouse's child, no age requirement is not required for spouses. However, the adopter must have 10 years older than the future adopteeunless there are good reasons to the contrary.
The prospective adoptee must always be 3 months and may not yet have reached the age of 16 years old.
Visit spouse of married adopter and not separated from bed and board must consent to adoption.
When the filiation of a minor child is established with regard to his or her father and mother, or one of them, they must consent to the adoption. If they are deceased, unable to express their will or have lost their parental rights, consent is given by the family council after consulting the person caring for the child.
The person who must consent to the adoption may not unreasonably withhold his or her consent. If necessary, the court may be asked to override this refusal and grant the adoption.
If theadopted is marriedhis spouse must consent to the adoptionIn the event of the death of the deceased, the deceased's estate is transferred to the estate of the deceased, unless the deceased is unable to express his or her will or is living separate and apart from the deceased;
Adoptees over 15 must give their consent personally to its adoption.
Most adoptions involve people who are already known to us (pre-existing family ties) and/or who have already been taken in.
Prospective adopters will need to retain the services of a court-appointed lawyer, who will file an application with the court. request for simple adoption before the district court.
The application for simple adoption submitted to the district court must be countersigned by the adopter(s), the adopted person if over 15, and the persons whose consent is required.
The request and documents are forwarded to the State Prosecutor, who issues written conclusions.
The examination of the request and the debates take place in chambers in the presence of the public prosecutor.
Visit judgment pronouncing the simple adoption will mention the surname2) and first names that the adoptee will wear.
2) A person's family name.
The judgment of the district court is not subject to opposition by the person who failed to appear at the trial.
He may be struck bycall by the State Prosecutor and by any party involvedeven those who did not appear at the trial, in a 40-day deadline which runs from the day of pronouncement for the prosecutor, and from the day of notification for the other parties.
The Court of Appeal's ruling on appeal is not subject to opposition.
An appeal to the Supreme Court is possible within the time limits and in the forms laid down for appeals in civil and commercial matters: it then suspends execution of the judgment.
The judgment or decree is transcribed into the civil status registers of the adopted person's place of birth.
If the place of birth is abroad or unknown, the transcription is made on the civil status registers of the city of Luxembourg.
A mention of the decision is made in the margin of the adopted person's birth certificate, marriage certificate and the civil status certificates of his or her legitimate descendants born before the adoption.
If the adopter dies after the filing of the legal claim, the procedure is continued at the diligence of the adopted provided they are over the age of 15 years at the time of death. However, if the adopted child under the age of 15 is the natural child of the adopter, the procedure is continued at the request of the public prosecutor.
A a new adoption can be granted after the death of one or both adopters, or after the death of one of the adopters, if the application is made by the new spouse of the surviving adopter.
It is possible to ask for the adoption to be revoked on the following grounds very serious grounds.
This request is presented in court:
If the adoptee has over 15 yearsit can personally and without assistance request revocation or defend a request for revocation.
If the child is under 15, the request is made by or against the public prosecutor.
The judgment pronouncing the revocation may be appealed.call by the public prosecutor and the parties involved.
It is transcribed into the civil status registers of the commune where the adoption judgment is recorded.
The revocation decision terminates all effects of the adoption from the date of the court application, except as regards prohibitions on marriage within the adoptive family, and certain inheritance rights.
After the adoption, the adopters must :
Adopters may, under certain conditions, benefit from the following leave entitlements:
In his family of originIn the case of an adopted child, the adopted person may not marry an ascendant or descendant, an ally in the same line, his or her brother or sister, an ally of the same degree, his or her uncle or aunt, nephew or niece, unless the Grand Duke, for serious reasons, lifts the prohibition.
In the adoptive familymarriage is prohibited:
The adopted name of adopter.
If the adoption is made by two spouses, the name is determined according to the principle of unicity of the name of the common children of the adopters.
If the adopter is a married person, the court may decide, with the consent of the adopter's spouse, that the latter's name be conferred on the adopted person, either by substitution of his or her name with that of the adopter, or by adding it to that of the adopter in the order chosen by the spouses and within the limit of a single name for each of them.
If the adopter is the spouse of the adoptee's parent, the adoptee retains his or her own name, but the court may also grant the adoptee the name of the adopter and/or his or her spouse. The adoptee, if older than 13 years oldmust consent personally.
The adopted person's first name(s) may be changed by the court at the request of the adopter(s).
The adopted person and his descendants owe maintenance to the adopter if he is in need, and the adopter owes maintenance to the adopted person and his descendants.
If the adopted person dies without descendants, his or her heirs will owe maintenance to the needy adopter.
The obligation to provide maintenance remains between the adopted child and his or her biological father and mother. However, the latter are only obliged to provide maintenance if the adopted child cannot obtain it from the adopter.
The adopted person and his descendants have the same rights in the adopter's family. same inheritance rights as a legitimate child without, however, having the status of reserved heir (i.e. to whom the law reserves a share of the inheritance which cannot be reduced) in respect of the adopter's ascendants.
If the adopted person dies without descendants or a surviving spouse, the property donated by the adopter or received in his or her succession reverts to the adopter or his or her descendants, subject to contribution to debts and to the rights acquired by third parties. The adopted person's remaining property belongs to his or her own parents.
If during the adopter's lifetime, and after the adoptee's death, the children or descendants left by the adoptee die without leaving any posterity, the adopter succeeds to the property given by him/her, but this right belongs only to the person of the adopter and cannot be transmitted to his/her heirs, even in the descending line.
If the adopter is of Luxembourg nationality, the adopted minor child also obtains Luxembourg nationality.
If the adopter in respect of whom filiation is established acquires nationality by naturalization, option or recovery, the adopted minor child also acquires Luxembourg nationality.
If the adopter in respect of whom filiation is established has obtained Luxembourg nationality because his or her own parent or adopter has acquired or regained Luxembourg nationality, the adopted minor child also acquires Luxembourg nationality.
If the adopters are of different nationalities, but at least one of the 2 is Luxembourgish, the adopted child will acquire Luxembourgish nationality, and may also acquire the nationality of the other parent if he or she meets the conditions, as Luxembourg law accepts dual nationality.
If the adopter is not of Luxembourg nationality, it will be necessary to consult the national provisions of nationality law applying to the adopter.
People wishing to make a simple adoption must contact a lawyer.
The conditions required to proceed with a full adoption are governed by the national law of the adopter(s). If theadoption is made by two spouses of different nationalities or if both or one of them is stateless, the applicable law is that of the common habitual residence at the time of application.
The conditions required to be adopted are governed by the national law of the adopted person, unless the adoption causes the adopted person to acquire the nationality of the adopter, in which case they are governed by the national law of the adopter.
In the event of a conflict between the rules of jurisdiction laid down by the national law of the adopter and those laid down by the national law of the adopted person, the adoption is validly concluded according to the forms prescribed by the law of the country where the adoption took place and before the authorities competent under that same law.
In Luxembourg, full adoption can only take place if there are sufficient fair grounds and if it presents benefits for the adoptee.
In Luxembourg, full adoption can only take place if the adopter(s) and the adopted child meet certain age criteria.
When full adoption is requested by two spouses not separated from bed and board, one must have over 25 yearsthe other at least 21 years old. Unless there are good reasons to the contrary, theadopting must have 15 years more than thechild. When a full adoption is requested by a spouse for the benefit of his or her spouse's child, there is no age requirement for the spouses. However, the adopter must have 10 years more than the future adoptee, unless there are good reasons to the contrary.
The future adopted must always be 3 months and may not yet have reached the age of 16 years old. If the future adoptee has more than 16 years old but was taken in before that age by people who did not meet the legal conditions for adoption, or if he or she was the subject of a simple adoption before that age, it is possible to apply for full adoption, if the conditions are met, throughout the child's minority.
Spouses who have already regularly taken in the child to be adopted in their home will have to use the services of a attorney-at-law which will file a adoption request before the district court.
Visit adoption request addressed to district court will have to be countersigned by the adopters, l'adopted if it has more than 15 yearsand persons whose consent is required.
The request and documents are forwarded to the State Prosecutor, who issues written conclusions.
The examination of the request and the debates take place in chambers in the presence of the public prosecutor.
The judgment pronouncing the full adoption will mention the adoptee's surname and first names.
The judgment of the district court is not subject to opposition by the person who failed to appear at the trial.
He may be struck bycall by the state prosecutor as well as by any party involvedeven those who did not appear at the trial, within a period of 40 days which runs from the day of pronouncement for the prosecutor, and from the day of notification for the other parties.
The Court of Appeal's ruling on appeal is not subject to opposition.
An appeal in cassation is possible within the time limits and in the forms laid down for appeals in civil and commercial matters: it suspend the execution of the judgment.
The judgment or decree is transcribed into the civil status registers of the adopted person's place of birth.
If the place of birth is abroad or unknown, the transcription is made on the civil status registers of the city of Luxembourg.
A mention of the decision is made in the margin of the adopted person's birth certificate, marriage certificate and the civil status certificates of his or her legitimate descendants born before the adoption.
The transcript states the day, time and place of birth, the adopted person's sex, as well as his or her first and last names as they appear in the judgment or decree, and the first and last names, date and place of birth, profession and domicile of the adopters, or of the adopter and his or her spouse.
It contains no indication of the adoptee's actual parentage.
It serves as the adoptee's birth certificate.
If one of the adopters dies after having regularly taken in a child with a view to his or her full adoption, the request for a full adoption must be filed with the court. can be submitted or the procedure continued in his or her name by the surviving spouse.
Effects on the adopted person's first and last name
If the adoption is made by two spouses, the name is determined by application of the provisions of article 57 of the French Civil Code, while respecting the uniqueness of the names of the adopters' joint children.
In the case of adoption by a married person of the child of his or her spouse, the adopted person keeps its name.
The court may confer the name of the adopter and/or his/her spouse on the adopted person in accordance with the provisions of article 57 of the Civil Code. If the adopted person is over 13, personal consent is required.
The adoptee's first names may be changed at the request of the adopter(s).
Revocation
Plenary adoption is irrevocable.
Effects on nationality
If one of the adopters is of Luxembourg nationality, the adopted minor also obtains Luxembourg nationality.
If the adopter in respect of whom filiation is established acquires or regains Luxembourg nationality, the adopted minor also acquires Luxembourg nationality.
If the adopter in respect of whom filiation is established has obtained Luxembourg nationality because his or her own parent or adopter has acquired or regained Luxembourg nationality, the adopted minor also acquires Luxembourg nationality.
If the adopters are of different nationalities, but at least one of the 2 is Luxembourgish, the adopted child will acquire Luxembourgish nationality, and may also acquire the nationality of the other parent if he or she meets the conditions, as Luxembourg law accepts dual nationality.
If the adopters are not of Luxembourg nationality, it is advisable to enquire about the provisions of their national law on nationality.
STEPS TO TAKE AFTER ADOPTION
After the adoption, the adopters must :
ADOPTION LEAVE
Adopters may, under certain conditions, benefit from the following leave entitlements:
Applying for adoption (child to be adopted)
The people who ordinarily resident in Luxembourg and who wish to adopt a child they do not yet know must contact the Ministère de l'Éducation nationale, de l'Enfance et de la Jeunesse- Direction d'Aide à l'Enfance et à la Famille-Service de l'Adoption, Central Authority within the meaning of the 1993 Hague International Convention on Intercountry Adoptions, in order to register for the adoption preparation cycle.
Registration forms can be requested by e-mail from adoption@men.lu.
The adoption preparation cycle consists of information sessions on adoption (twice three hours), as well as awareness-raising sessions. adoption (four times four hours).
They are then referred to one of our accredited adoption services, which is responsible for assessing them and, in the event of a positive opinion, for accompanying them throughout the adoption process, both abroad and in Luxembourg.
People wishing to adopt a child they already know (e.g. a stepchild) should consult a lawyer.
People must be qualified and suitable for adoption following an assessment by a multidisciplinary team comprising a psychologist, a social worker, a doctor and a lawyer. Once the multi-disciplinary team has given a positive opinion, a petition must be filed with the district court to obtain a judgment of aptitude and suitability.
| District court | Tel.: (+352) 47 59 81 1 |
| Luxembourg and Diekirch bar associations | Tel: (+352) 46 72 72-1 |
Diekirch bar B.P. 68 / L-9202 Diekirch | Tel: (+352) 80 80 67-1 |
Luxembourg Bar 5, Allée Scheffer | Postal address: Tel: (+352) 46 72 72-1 |
| House of Adoption 10, cité Henri Dunant L-8095 Bertrange Contacts : Christine STADELMANN, Psychologist - Manager Sarah KIEFFER, Psychologist Solange NEU, Secretariat | Tel.: (+352) 2755 6442 Fax: (+352) 2755 6441 E-mail : maison.adoption@croix-rouge.lu Website : www.croix-rouge.lu |
| Ministry of Education, Children and Youth Child and Family Assistance Department Service de l'adoption - Central Authority for Intercountry Adoption 33, Rives de Clausen L-2165 Luxembourg | Tel.: +352 247- 83624 E-Mail: adoption@men.lu Website : www.men.lu |
Amicale Internationale d'Aide à l'Enfance (AIAE) a.s.b.l. 71, rue de Luxembourg Contacts : Annick JAAS, Psychologist - Manager Françoise BERTHOLET, Social worker Claudine BERG, Secretariat | Tel.: (+352) 50 46 79 Fax: (+352) 50 46 84 E-mail : aiaem@pt.lu Website : www.aiae.lu |
Naledi a.s.b.l. L-9764 Marnach 27, Schmitzbongert Contact: Diane HECK-THILL, President | Tel.: (+352) 81 87 19 E-mail : naledi.asbl@pt.lu Website : www.naledi.lu |
Luxembourg Red Cross Adoption Service 13, rue de Bragance, L-1255 Luxembourg Contacts : Jenny MORTH, Social worker Claudine KOSTER, Project Manager | Tel: (+352) 27 55 64 20 Fax: (+352) 27 55 64 21 E-mail : adoption@croix-rouge.lu Website : www.croix-rouge.lu |
33, Rives de Clausen
For all correspondence, please use the address below
postal address:
L-2926 Luxembourg
If you have any questions or need further information, you can contact us at
Media contact:
Myriam Bamberg
Tel: (+352) 247-85252
Email: press@men.lu