Luxembourg, Surrogacy

Luxembourg – Court annuls decision to not grant surrogate child Luxembourgish citizenship

Source Today

In August 2016, the father of the twins was granted Luxembourgish citizenship in accordance with the 2008 legislation on naturalisation. The father then requested citizenship for his two underage children. As the man is married to another man, the now three-year-old twins were born in California through a surrogate mother.

In May 2017, Braz granted one of the twins Luxembourgish citizenship, but refused to grant the other Luxembourgish citizenship. Braz justified the move as a DNA test revealed that the Luxembourgish father was not the biological father of the second twin.

In June 2015, a court ruling in the California state court acknowledged both men as the parents of the twins. In January 2018, the parents took the issue to the Luxembourgish administrative court.

The first judge of the administrative court has remained by the ruling that the new citizenship legislation of 2017 should apply to the case, rather than the 2008 legislation. In particular, the parents are basing their claim on article 2 of the new legislation to prove that their son is eligible for citizenship.

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