Fertility treatment in same-sex couples

Amendment of the Reproductive Medicine Act

We’re ready to help fulfill your dreams of having children with the help of the latest state-of- the-art technology!

The latest changes in the Reproductive Medicine Act opened a new world of possibilities primarily in the fields of preimplantation diagnostics—a field in which we cooperate with the renowned geneticist Univ.- Prof. Mag. Dr. Markus Hengstschläger—and also made it possible for two women who live together to fulfill their desire for children in a partnership.

Our team is happy to assist and provide you with further information anytime.

Inform yourself now free of charge and non-binding about the technological innovations that you can benefit from:

Statement:

"The amendment to the Reproductive Medicine Act has brought Austrian law onto a European level. Many patients who previously had to seek fertility treatment abroad, as the medical indications for treatment were clear yet not legally permitted in Austria / fell into a kind of gray-zone, can now also be treated in Austria".

Univ.- Prof. Dr. Wilfried Feichtinger / Head of the Wunschbaby Institute Feichtinger

Source: parlament.gv.at

§ 2.

(1) Medically assisted reproduction is only permitted in a marriage, registered partnership or cohabitation. 3. a pregnancy in one of two women living together in a registered partnership or cohabitation is to be induced.

§ 2b.

(2) Egg cells which are intended to be used in a third person may only be collected from the age of 18 up until the age of 30.

§ 3.

(2) The semen of a third person may exceptionally be used if the semen of the spouse or life partner is incapable of reproduction or if a medically assisted reproduction is to be carried out by two women in a registered partnership or cohabitation.

(3) The egg cells of a third person may exceptionally be used if those of the woman in whom the pregnancy is to be induced are not capable of reproduction, and this woman has not yet reached the age of 45 at the time the treatment commences.

§ 7.

(4) A medically assisted reproduction shall be preceded by a detailed consultation of the registered partners or life partners by a notary on the legal consequences of the consent (§ 8); in the case of spouses, this shall only apply if the semen or egg cells of a third person are to be used.

6. In § 4 Abs. 4 Z 1 states:

“1. the woman who intends to carry the child, has not reached the 40th year of age and the husband or registered partner of the woman who intends to carry the child, has not yet reached the age of 50 and" 7. § 4 Abs. 4a states: 4a) A right to bear the costs according to § 2 Abs. 2 and 2a exists for

1. Austrian citizens,
2. citizens of an EEA Member State,
3. citizens of the Swiss Confederation,
4. persons who, as nationals of an EEA Member State or of the Swiss Confederation entitled to freedom of movement, have a right of residence under Union law pursuant to §§ 54 or 54a of the Settlement and Residence Act (NAG), BGBl. I Nr. 100/2005,
5. persons holding a residence permit in accordance with § 8 Abs. 1 Z 1, 2, 3, 7 or 8 of the Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz - NAG),
6. persons who have a „Aufenthaltsberechtigung plus “in accordance with § 55 Abs. 1 and § 56 Abs. 1 Asylgesetz 2005, BGBl. I Nr. 100/2005, and
7. persons entitled to asylum pursuant to § 3 Asylgesetz 2005.”