Introducing sperm into the woman’s uterus
Legal framework.
The Austrian Reproductive Medicine Act (Fortpflanzungsmedizingesetz, FMedG) has been in force in Austria since 1 July 1992. It regulates the conditions under which medically assisted reproduction is permitted.
The Reproductive Medicine Act
When is assisted reproduction permitted in Austria?
In principle, medically assisted reproduction is only permitted within a marriage or a marriage-like partnership and only with written consent. In the case of a partnership, consent must additionally be given in the form of a notarial deed or a court record.
In Austria, assisted reproduction is only permitted if, according to the current state of science and experience, all other possible and reasonable treatments to achieve a pregnancy through sexual intercourse have been unsuccessful or offer no prospect of success.
As defined by the FMedG
The methods of medically assisted reproduction.
Uniting egg cells and sperm cells outside the body
Introducing viable cells into the woman’s uterus
Introducing egg cells, or egg cells with sperm, into the woman’s uterus
The 2015 amendment: sperm donation, egg donation and PGD
Since the 2015 amendment of the Reproductive Medicine Act, it has also been possible in Austria for same-sex female couples to undergo IVF using donor sperm. Preimplantation genetic diagnosis of the embryo to avoid hereditary diseases and recurrent miscarriages has also been permitted since then.
While sperm donation had been permitted in Austria for many years, the 2015 law also allows egg donation.
If the sperm of the husband or partner is not capable of reproduction, it is permitted to introduce the sperm of a third party (sperm donor) into the uterus (= insemination), which requires the express consent of both partners in the form of a notarial deed or court record.
Your next step
Let’s talk.
We are happy to advise you on the options the law opens up in your situation.
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