DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

PLEASE NOTE: Few children are adopted from Luxembourg. This flyer contains information on how to adopt from third countries if residing in Luxembourg.

Recent U.S. immigrant visa statistics indicate that no immigrant visas have been issued to Luxembourg orphans in the last five years.

ADOPTION AUTHORITY IN LUXEMBOURG: 

The government authority which oversees intercountry adoption in Luxembourg is:

Ministry of Family and Integration
Department of Adoption and Foster Care
12-14 avenue Emile Reuter
L-2420 Luxembourg
Tel: +352 478 6566
Fax: +352 24 18 87
Email: Jacques.kuntziger@fm.etat.lu (Head of Department)

Only married couples can adopt. One parent must be at least 25 years of age and the other at least 21. The parents must be at least 15 years older than the child (except in the case of adoption of a stepchild by the spouse, only 10 years’ difference is required) and the child must not be older than 16.  Both parents need to provide a medical certificate stating that neither of them nor anyone in the household suffers from a medical or mental condition that could negatively affect the child. A child of 16 or older can still be adopted, but it will only be a ‘simple’ adoption as explained below.  However, the child will not qualify for U.S. immigrant visa.

RESIDENCY REQUIREMENTS: According to article 370 of the law on adoption from June 13, 1989 adoption is open to Luxembourg citizens and foreigners. Foreign prospective parents have to fulfill the requirements for adoption as prescribed by the laws of their country. The Luxembourgish court presiding over the adoption will in fact verify that the parents fulfill all requirements for adoption in their own country and that the laws in the country of the child are respected.  

In order for a Luxembourg court to decide on an adoption case, either the child or the prospective adoptive parents must reside in Luxembourg. There is no minimum period for this residency requirement. If the parents are not Luxembourg citizens, they must fulfill the requirements of their native country and demonstrate that they are eligible to adopt.  If the parents do not have the same nationality and neither of them has Luxembourg nationality but are resident in Luxembourg, Luxembourg law will be applied.

TIME FRAME: It usually takes about two years to complete an adoption, from the moment the parents start gathering the paperwork to be approved until they adopt a child.

ADOPTION AGENCIES AND ATTORNEYS: Adoption agencies must be licensed by the Luxembourg Government. Parents must use licensed agencies in order to get a residence permit for the child when he/she arrives from the country of origin. Please see the Hague Permanent Bureau web site for a list of accredited agencies for Luxembourg http://www.hcch.net/index_en.php?act=authorities.details&aid=194.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.  Please see Important Notice Regarding Adoption Agents and Facilitators at the Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN LUXEMBOURG: The total fee for adoption covers is around 10,000 Euros; this covers the entire process, including medical expenses, adoption agency fees and notarials. The Luxembourg government subsidizes half of this total so prospective parents pay about 5.000 Euros.

Domestic adoption in Luxembourg: An adoption can only take place if it is considered to be in the best interest of the child. There are two types of adoption in Luxembourg, “plénière” (plenary) and “simple”. In a plenary adoption, the adopted child loses all ties to his or her biological parents and receives the same hereditary rights as any children born to the adoptive parents. This form of adoption is irrevocable.  In the case of ‘simple’ adoption the child usually lives with the adopted family and takes the name of the adopted family. But the child keeps his/her hereditary rights and is still entitled to any child support or alimony paid to the biological family. The child sometimes keeps his/her original nationality. This form of adoption can be revoked if it is considered to be in the best interest of the child. Note: A simple adoption does not meet the requirements for issuing a U.S. immigrant visa for a child.

Intercountry Adoption to Luxembourg: Prospective adoptive parents first contact the adoption agency dealing with the country from which they wish to adopt a child.  The agency then compiles a file on the aptitude and eligibility of the parents, and assembles all the required documentation. 

For adoptions from countries not party to the Hague Adoption Convention, the case file is sent to the country of origin of the child. The Luxembourgish court deciding on the adoption will only make its decision once the parents have returned to Luxembourg with the child and after examining the child’s original birth certificate, the adoption decree from the country of origin and the letter of consent/abandonment from the biological parents. There is no guarantee that the Luxembourg court will make a favorable decision on the adoption.

For an adoption from a country party to the Hague Adoption Convention, the adoption agency will compile a report, which the parents submit along with the rest of the file to the Luxembourg court deciding in the case. For adoptions from countries party to the Hague Adoption Convention, the Luxembourgish court only intervenes in the process of finding the parents eligible for adoption. The Luxembourgish court accepts the judgment from the country of origin of the child and the adoption is recorded with the civil authorities.  If the agency does not find the prospective adoptive parents eligible for adoption it can refuse to compile a report. If the court finds the parents eligible, the parents can contact the Ministry of Family for transmittal of the case file to the appropriate authorities of the country they wish to adopt from. All files concerning adoptions in countries party to the Hague Convention must go through the Ministry of Family.

The list of documents to be submitted varies from country to country. The following documents must be submitted if the parents wish to adopt a Luxembourgish child:

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html

Embassy of the Grand-Duchy of Luxembourg
2200 Massachusetts Avenue,
NW, Washington, DC 20006
Tel. 202-265-4171
Fax: (202) 328-8270
Email: washington.info@mae.etat.lu
http://www.luxembourg-usa.org/

Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoption can be found on the Bureau of Consular Affairs Web site, travel.state.gov, under “International Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

U.S. citizens residing in Luxembourg who have adopted children from third countries are advised to contact the U.S. Embassy in Luxembourg for information on how to apply for an immigrant visa on their child’s behalf, if they will be returning to the United States permanently.  Adoptive families may also contact the Embassy about applying for expeditious naturalization as U.S. citizens for their adopted children, if they are not returning to the United States on a permanent basis.

U.S. citizens residing in Luxembourg should contact the Consular Section of the U.S. Embassy in order to register their presence in Luxembourg.  The Consular Section is located at:

22, Boulevard E. Servais
L-2535 Luxembourg
Phone: +352-460123 / 2213
Fax: +352-461939
http://luxembourg.usembassy.gov/

ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.

ADDITIONAL INFORMATION: Specific questions about adoption in Luxembourg may be addressed to the U.S. Embassy in Luxembourg. General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:
Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :
Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flier. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the Country Specific Information for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
USCIS web site - http://uscis.gov/.