On Monday 3 August 2026, Luxembourg's National Ethics Commission (Commission nationale d'éthique - C.N.E.) published its "Opinion on Medically Assisted Reproduction (MAR) and Surrogacy", addressing a range of ethical issues relating to medically assisted reproduction (MAR), surrogacy, gamete preservation and research on embryos.
According to the C.N.E., the legal framework governing these reproductive technologies raises particularly sensitive political, legal and ethical issues. The Commission noted that a similar situation exists regarding the potential use of surplus embryos for research purposes, as their legal status remains uncertain in the absence of a clear legislative framework.
While C.N.E. members agreed on certain issues, including the introduction of legislation on medically assisted reproduction, as well as legal frameworks for gamete preservation, research on surplus embryos and stem cells, other topics gave rise to significant differences of opinion. Concerning posthumous medically assisted reproduction and surrogacy, a majority of members consider that these practices should be authorised under strict conditions, while a minority oppose both posthumous medically assisted reproduction and all forms of surrogacy, whether altruistic or commercial.
The Commission does not consider it necessary to introduce restrictive legislation limiting access to medically assisted reproduction solely to cases involving medical conditions affecting the prospective parents.
It also supports extending access to reproductive medicine beyond cases of pathological infertility, within a clearly defined framework. Most members favour introducing an age limit for access to medically assisted reproduction, although they do not wish to see this included in legislation.
Regarding gamete preservation, the C.N.E. supports universal access for women, subject to restrictive age limits.
The Commission also considers that the donation of gametes and embryos should be regulated by law.
As Luxembourg has not yet ratified the Oviedo Convention or its additional protocols, the C.N.E. notes that some of the conclusions contained in the opinion, particularly those concerning research on human embryos and human genome editing, could potentially hinder Luxembourg's future ratification of the treaty.
The opinion, available in French, can be downloaded from the C.N.E. website.
