It is note-worthy that MAP is not currently regulated in Luxembourg, except that:

• Article 312 of the Civil Code states that a repudiation of paternity by the husband of the mother is non-admissible “if it established by all proven means that the child has been conceived by means of artificial insemination, whether by the husband or by a third party with the written consent of the husband.
• The national hospital plan, adopted in 2001 by regulation, provides for the creation of a MAP department in a general hospital with an obstetrics department.

Indicate if process of revision is ongoing and, in your answers, provide information on provision in the draft law: There is a proposed law, in fact a draft law initiated by Parliament, concerning MAP.  Parliament had planned a large general debate but this has not yet taken place.

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. Currently no legislation.

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 NA

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.

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

4. Are there specific criteria for such coverage? Yes. Age limit of woman – 40 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.

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

Opinion issued by the National Ethics Commission.

General debate in Parliament expected.

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

It is important to note that MAP is currently not regulated in Luxembourg, except that

-     Article 312 of the Civil Code states that a paternity suit is non-admissible by the husband of the mother “if it is established, by all means of proof, that the child has been conceived by means of artificial insemination, either by the husband or by a third party with the written consent of the husband”.

-     the national hospital plan adopted in 2001 through regulation, envisages the creation of a service of MAP in a general hospital containing an obstetrics department. 

In the meantime, the creation of a MAP department has effectively been authorised to the Hospital Centre of Luxembourg.  This department is in place.  The data supplied to the questionnaire reflects the practices of this department.

There exists a legal proposal, of which a bill is before parliament, with regard to MAP.  Parliament had anticipated holding a large debate but as yet this debate has not yet taken place.

The National Ethics Commission has produced a very complete opinion on all aspects of MAP.

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