Gesamte Rechtsvorschrift für Fortpflanzungsmedizingesetz (Reproductive Medicine Act)

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Medically assisted reproduction is permissible only to married couples, or those in a registered partnership or cohabitation. Further, it is only permitted to the couple if certain difficulties in conceiving exist, such as (i) all other possible or reasonable treatments to induce pregnancy through sexual intercourse are unsuccessful or hopeless; (ii) pregnancy through sexual intercourse would expose the spouse or partner to a serious risk of transmitting a serious infectious disease; (iii) the couple is two women living in a registered partnership; or (iv) for certain couples where there may be difficulty becoming pregnant or giving birth, or giving birth to a child with a hereditary disease (which would require the child be kept alive through constant use of modern medical technology, or has severe brain damage or severe pain that cannot be treated) due to genetic dispositions. Surrogacy is not permitted Austria because medically assisted reproduction is only permissible within a marriage or registered partnership or cohabitation, and only the ova and the semen of the spouses, registered partners, or cohabitants may be used. There are two exceptional circumstances in which a third party’s genetic material may be used for medically assisted reproduction: (i) the semen of a third person may be used if the spouse, registered partner or cohabitant is not capable of reproduction, or if the couple is two women in a registered partnership; or (ii) the oocyte of a third person may be used if a woman, younger than 45, whom the pregnancy will be induced is otherwise not able to reproduce.



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