Reproductive Laws in Austria

  • givfadmin
  • April 24, 2013 9:41 pm

Overview

A stable relationship, not a legal marriage appears to be required for fertility treatment although cohabitants need to have notarized certification that they live together. Eggs used in ART (Assisted Reproduction Technology) procedures must be from the female patient.

Egg/Sperm Donation

Sperm donation is permissible region-to-region, but there is no anonymity for donors – at age 14 the child has the right to obtain info regarding the donor. Egg donation is not permissible.

Surrogacy

Surrogacy is prohibited by law. However, in December 2011, the Austrian Constitutional Court has ruled that children born through surrogacy contracts abroad are entitled to the Austrian citizenship: The Court namely decided in a case involving an American surrogate mother who gave birth to two children whose genetic parents are Austrian citizen (a woman) and Italian citizen (a man) residing in Vienna. The children became American citizens by birth in the USA and were recognized as the Austrian parents’ children by American courts. They were subsequently raised by the Genetic Parents and registered as Austrian citizens by the City of Vienna. When the mother claimed child benefits, the Ministry of Interior asked the City of Vienna to withdraw the Austrian nationality of the children arguing that surrogacy was illegal under Austrian law and that the American Court’s decision establishing parental rights of the Austrian mother could therefore not be recognized by Austria. The decision of the Constitutional Court rejecting this argument was brilliantly motivated from legal point of view, keeping in mind welfare of the children as a key concern while determining their nationality and citizenship.

Such developments give reasons to expect that general European experience of foreign surrogacies will slowly form positive practice in favor of the Genetic Parents! (Source: Olga Danchenko)

Disclaimer: Reproductive laws are a relatively new legal area and are in constant flux throughout the world. It is often hard to obtain current and accurate information, and we are always updating information on our site. Anyone pursuing reproductive assistance abroad should contact lawyers and clinics directly to confirm the current status in that country and any legal restrictions that might apply. GlobalIVF does not claim any accuracy for the information printed below and cannot be held responsible for any inaccuracies. If you have additional or conflicting information please contact us and we will update our site.

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