Assisted Reproduction in Austria: Key Rules in 2026

In Austria, medically assisted reproduction (medizinisch unterstützte Fortpflanzung) is regulated by strict legal rules. These rules cover who may perform treatment, where it may take place, the information patients must receive beforehand, donor sperm and egg donation, and preimplantation genetic diagnosis.

Which law regulates assisted reproduction?

Assisted reproduction in Austria is governed by the Reproductive Medicine Act (Fortpflanzungsmedizingesetz, or FMedG).

The law covers the treatment setting, mandatory medical counselling, sperm and egg donation, and the circumstances in which an embryo may be genetically tested before implantation.

Who may provide treatment, and where?

Treatment may be provided only by a specialist in gynaecology and obstetrics who is authorised to practise independently (Facharzt für Frauenheilkunde und Geburtshilfe). As a general rule, it must take place in a specially authorised hospital (Krankenanstalt).

There is an exception for insemination, where sperm is introduced into the woman's reproductive organs. This may also be carried out in the specialist's surgery (Ordination), provided that the sperm comes from the spouse, registered partner or partner.

• Insemination with a partner's sperm: an authorised hospital or a specialist gynaecologist's surgery.
• All other methods, such as IVF: only in an authorised hospital.
• Donor sperm or donor eggs: only in a hospital authorised for this purpose.

What information must the doctor provide?

Medical information and counselling (ärztliche Aufklärung und Beratung) are mandatory before treatment. They must take place at least 14 days before the procedure and must be provided in language that a non-specialist can understand. It is not legally possible to waive this information.

The doctor must discuss, among other things:

• the possible causes of infertility;
• the method, its chances of success, uncertainties and significance;
• possible consequences and risks for the woman and the child;
• the medicines and medical devices used, including their side effects;
• discomfort, complications, possible follow-up treatment and long-term consequences, especially effects on fertility;
• the costs, including expected later costs.

The doctor must also offer psychological counselling or psychotherapeutic support and explain that patients may contact another independent counselling organisation. Where donor conception is involved, counselling focuses particularly on the challenges that parents and the child may face.

Donor sperm and egg donation

Since 2015, the use of a third person's egg has also been permitted in Austria, in addition to sperm donation.

• Minimum age: both sperm donors and egg donors must be 18 years old.
• Egg donation age limit: eggs may be retrieved for a third person only before the donor's 30th birthday.
• Donation to hospitals: a donor may always donate only to the same hospital.

The donor must provide certain personal details, such as their name and place of birth, to the hospital. The hospital keeps a record of this information.

Consent to use the donation and release the donor's details must be given in writing and personally. Consent cannot be provided through a representative, and the donor must have decision-making capacity.

Consent may be withdrawn without any specific formal requirement, either verbally or in writing. However, withdrawal is possible only until the sperm has been introduced or the egg has been fertilised. Withdrawal remains valid even if the donor later loses decision-making capacity.

Who can access the donor's identity?

The following people or bodies may access the donor information held by the hospital:

1. The donor-conceived child, from the age of 14, on the child's own request.
2. The child's legal representative, such as a mother or father, but only in the child's interests and in an exceptional case justified on medical grounds.
3. Courts and authorities, where access is essential for the performance of their duties.

If a child was conceived with donor sperm before 24 February 2015, the legal representative also needs approval from the guardianship court (pflegschaftsgerichtlich) to access the information. This approval is no longer required for children conceived on or after that date.

Preimplantation genetic diagnosis (PID)

Preimplantation genetic diagnosis (Präimplantationsdiagnostik) has been permitted in Austria since 2015. It involves testing an embryo created through in-vitro fertilisation (In-vitro-Fertilisation) before it is placed in the uterus, mainly to detect hereditary diseases and chromosomal abnormalities.

PID may be performed only in one of these situations:

• pregnancy has not occurred after at least three implantations, and the cause is probably genetic;
• there have been at least three medically confirmed spontaneous miscarriages or stillbirths, most likely for genetic reasons;
• a genetic characteristic of one of the parents creates a serious risk of miscarriage, stillbirth or a serious hereditary disease.

The test may be carried out only at an authorised institution, after counselling by a human geneticist or the relevant specialist, and only where a less invasive method is insufficient.

Determining the child's sex is permitted only where there is a risk of a serious sex-linked hereditary disease.

Frequently asked questions

Is egg donation permitted in Austria?

Yes. It has been permitted since 2015, but treatment must take place in a hospital specially authorised for this purpose.

Can I waive the medical information if I am in a hurry?

No. The information cannot legally be waived and must be provided at least 14 days before treatment.

Can a donor remain anonymous?

Not completely. The hospital records the donor's details, and a donor-conceived child may request access from the age of 14.

Can genetic testing reveal the child's sex?

Only where there is otherwise a serious risk of a sex-linked hereditary disease.

Practical steps before treatment

1. Ask a specialist in gynaecology and obstetrics (Facharzt für Frauenheilkunde und Geburtshilfe) which treatment is appropriate.
2. Confirm whether the planned treatment may take place in a specialist's surgery (Ordination) or must be performed in an authorised hospital (Krankenanstalt).
3. Arrange the mandatory medical information and counselling at least 14 days before the procedure.
4. Ask for a clear explanation of the method, risks, possible follow-up treatment and all expected costs.
5. If donor sperm or eggs are involved, clarify how donor information is recorded and the circumstances in which it may later be accessed.
6. If preimplantation genetic diagnosis is being considered, ask whether one of the legally permitted situations applies and arrange counselling by a human geneticist or relevant specialist.

This article is based on information available online and is not a substitute for advice. For guidance on an individual situation, consult a lawyer, legal professional, healthcare professional or another relevant specialist.

Source: oesterreich.gv.at