Surrogacy In Austria: What's The Legal Status?

Surrogacy is illegal in Austria. The Austrian Law on Reproductive Medicine bans the surrogacy method, stipulating that egg cells can only be used for the woman they were retrieved from. The law also defines the mother of a child as the woman who gave birth to the child, not the contractor of surrogacy. This means that the transfer of a fertilised egg cell to another woman's body is prohibited, and the woman who gives birth to a child is legally recognised as the mother.

Surrogacy is illegal in Austria

The Austrian law prohibits the transfer of a fertilized egg cell into another woman's body and defines the woman who gives birth to a child as the mother. Surrogacy agencies involved in the surrogacy process will be criminalized by the law.

Austrian couples facing infertility issues often turn to surrogacy overseas, in countries that allow this fertility treatment method. However, upon returning to Austria with their newborn, these couples face complications with the legislative process. In many cases, Austrian couples are the genetic parents of the child, while the surrogate mother was the gestational carrier. In these situations, the newborns born through gestational surrogacy abroad should be granted Austrian citizenship, but Austrian law maintains that the legal mother is the woman who gives birth to the child, creating a non-transparent and inconclusive legal framework.

Surrogacy is banned by the Austrian Law on Reproductive Medicine

Surrogacy is banned by the Austrian "Law on Reproductive Medicine" ("Fortplanzungsmedizingesetz"), which was passed by the Austrian Parliament in 1992. The law prohibits the surrogacy method, stipulating that egg cells can only be used for the woman from whom they were retrieved. Additionally, according to §137b of the Austrian Republic's Civil Code, the mother of a child is always the woman who gave birth to the child and not the contractor of surrogacy.

The Austrian law prohibits the transfer of a fertilized egg cell into another woman's body and defines the woman who gives birth to a child as the mother. While the law has been slightly amended since its enactment, changing it to allow surrogacy has never been considered. As a result, many Austrian couples facing infertility issues turn to surrogacy overseas, particularly in countries that permit this fertility treatment method.

The legal status of children born abroad through international surrogacy programs has sparked debates in Austria. The question of whether Austrian citizens are recognized as legal parents and if the children are entitled to Austrian citizenship has been a subject of discussion. In December 2011, the Austrian Constitutional Court ruled that children born through surrogate motherhood contracts abroad are entitled to Austrian citizenship.

In summary, surrogacy is illegal in Austria due to the "Law on Reproductive Medicine," which prohibits the method and defines motherhood based on giving birth rather than genetic ties. Austrian couples seeking surrogacy often go overseas, and while the legal framework for recognizing foreign birth certificates is not entirely clear, Austrian citizenship is granted to children born through international surrogacy arrangements.

The Austrian law prohibits the transfer of a fertilised egg cell to another woman's body

Surrogacy is illegal in Austria. The Austrian "Law on Reproductive Medicine" ("Fortplanzungsmedizingesetz"), passed in 1992, bans the surrogacy method. While surrogate motherhood is not explicitly mentioned, the law states that egg cells can only be used for the woman they were retrieved from. Additionally, according to §137b of the Austrian Republic's Civil Code, the mother of a child is always the woman who gave birth to the child, not the contractor of surrogacy.

The law has been slightly amended since its enactment in 1992, but changing it to allow surrogacy has never been considered. As a result, many Austrian couples facing infertility issues turn to surrogacy overseas, particularly in countries that permit this fertility treatment method. This has sparked discussions in Austria regarding the status of children born abroad through international surrogacy programs and whether Austrian citizens are recognised as legal parents, with relevant embassies, social security authorities, and courts involved in these disputes.

In December 2011, the Austrian Constitutional Court ruled in a case involving an American surrogate mother who gave birth to two children with Austrian and Italian genetic parents. The Court recognised the children as Austrian citizens, despite the Ministry of Interior's argument that surrogacy was illegal in Austria and that the American court's decision on parental rights could not be recognised. The Court rejected this argument on several grounds, including that the American decision was made without reference to Austrian law and was valid under international private law norms.

Austrian couples facing infertility issues turn to surrogacy overseas

Surrogacy is illegal in Austria. The Austrian "Law on Reproductive Medicine" bans the surrogacy method, stipulating that egg cells can only be used for the woman they were retrieved from. The law also defines the mother of a child as the woman who gave birth to the child, not the contractor of surrogacy. As a result, Austrian couples facing infertility issues often turn to surrogacy arrangements in other countries.

The Law on Reproductive Medicine

The Austrian "Law on Reproductive Medicine" ("Fortplanzungsmedizingesetz"), passed in 1992, prohibits any form of surrogacy. While surrogate motherhood is not explicitly mentioned, the law states that egg cells can only be used for the woman they were retrieved from, effectively banning the transfer of a fertilized egg cell to another woman's body. Additionally, the law defines the mother of a child as the woman who gave birth, not the genetic mother.

Infertility Issues

For Austrian couples facing infertility problems, the ban on surrogacy in their home country presents a significant challenge. Surrogacy is a method of assisted reproduction that allows individuals or couples who cannot conceive naturally to have a child. By banning surrogacy, Austria limits the options available to those struggling with infertility.

Overseas Surrogacy

As a result of the restrictions in Austria, many Austrian couples facing infertility issues turn to surrogacy arrangements in other countries. This practice, known as "fertility tourism," has become common as individuals and couples seek more flexible surrogacy laws in other jurisdictions. Destinations for Austrian couples include countries with more lax laws on surrogacy, such as Ukraine and Russia, as well as countries with established surrogacy industries, like the United States.

Legal Recognition of Surrogacy Arrangements

The legal recognition of children born through international surrogacy arrangements has been a complex issue for Austrian authorities. In December 2011, the Austrian Constitutional Court ruled that children born through surrogate motherhood contracts abroad are entitled to Austrian citizenship. This ruling addressed a case involving an American surrogate mother who gave birth to two children with Austrian and Italian genetic parents. Despite the surrogacy ban in Austria, the Court recognized the children's right to Austrian citizenship, setting a precedent for similar cases.

Challenges and Ethical Concerns

While Austrian couples may find surrogacy opportunities overseas, the practice is not without its challenges and ethical concerns. Critics of surrogacy argue that it exploits the surrogate mothers, commodifies the child, and can lead to emotional and legal issues regarding parenthood and custody rights. Additionally, there may be complications upon returning to Austria, as the legal framework for recognizing foreign surrogacy arrangements is often unclear and inconsistent.

Austrian citizenship is granted to children born through international surrogacy programs

Surrogacy is illegal in Austria. The Austrian "Law on Reproductive Medicine" bans the surrogacy method, although it does not mention surrogate motherhood explicitly. The law states that egg cells can only be used for the woman they were retrieved from, and that the mother of a child is always the woman who gave birth to the child, not the contractor of surrogacy.

However, in December 2011, the Austrian Constitutional Court ruled that children born through surrogate motherhood contracts abroad are entitled to Austrian citizenship. This ruling was made in a case involving an American surrogate mother who gave birth to two children with Austrian and Italian genetic parents. As the genetic mother could no longer bear children herself, the children were recognised as Austrian citizens by the City of Vienna.

Austrian law does not recognise the surrogate as the mother, but rather the woman who gives birth to the child. This means that the legal framing for cases when foreign surrogates are gestational carriers, and the genetic parents are Austrian, is non-transparent and inconclusive.

Frequently asked questions