Marriages of Convenience and False Declarations of Parenthood

In Luxembourg, there have been discussions on marriages of convenience as being used to allow the entrance of foreigner by the procedure of family reunification. As the ICCS mentioned in 2010 there was the suspicion that there had been an increase of marriages of convenience between Luxembourgish and EU national with asylum seekers to allow them to obtain a residence permit. Nevertheless, even if the government considers marriages of convenience a regular phenomenon, there are no statistics and no legal cases before the courts, to the point that the Consultative Commission on Human Rights challenged this argument. The actual legal framework is considered insufficient by the authorities to fight the marriages of convenience. However, articles 25 and 75 of the Law of 29 August 2008 foreseen the possibility to revoke or deny renewal in case that the authorities prove that the third country national has contracted a marriage for obtaining a residence permit. Also the third country national will be ordered to leave the country and he/she can be retained in a holding facility to execute this order. The government recently introduced a bill of law to fight the marriages of convenience and forced marriages. In Luxembourg, false declarations of parenthood have been treated neither by the law nor by the jurisprudence. The debate on the subject does not exist especially because the acknowledgement of parenthood is a formal legal act that is not subject to medical examination or DNA testing. As in the case of Marriages of Convenience there are no statistics and no case law on the subject.

 

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