The government is awaiting the opinion of the ethics commission before deciding on the automatic recognition of parenthood for lesbian couples, Minister of Justice Elisabeth Margue has confirmed.
Responding to a parliamentary question from MP Corinne Cahen of the Democratic Party (DP), Minister Margue outlined the current legislative hurdles delaying a reform of filiation laws.
Under existing legislation, the non-birthing mother in a lesbian couple must go through an adoption procedure to be legally recognised as a parent. This process cannot be initiated until the child reaches three months of age. Cahen highlighted that this delay means the non-birthing mother is not entitled to any leave, and only becomes eligible for parental leave following the adoption. This situation, according to Cahen, is not in the best interest of the child.
Minister Margue explained that the filiation reform bill has stalled after the Council of State requested that it be framed within a broader bioethics law. Health Minister Martine Deprez, who is responsible for advancing that legislation, is currently awaiting the opinion of the ethics commission. Margue added that the commission’s opinion is expected “soon”.
In the interim, Margue stated that she has instructed an expert to assess which measures could be implemented independently of a bioethics law. Her ministry is also evaluating the possibility of shortening the current adoption waiting period. Additionally, Margue noted that she is in discussions with Minister for Family Affairs Max Hahn to explore whether amendments related to leave could be introduced.
