In vitro fertilisation and the notarial act

Picture of Lisa Marie Breyer

Lisa Marie Breyer

A fulfilled family life is a big dream of many couples around the world. But sometimes the path to parenthood can be more challenging than expected. In such cases, medically assisted reproduction, especially in vitro fertilisation (IVF), can come to the rescue. In vitro fertilisation (IVF) is a medically assisted reproductive method in Austria that is subject to certain legal provisions. 

Austria has created specific legal provisions that support the wish to have children as well as the notarial act required in this process also online make possible.

In this informative blog post, we take a comprehensive look at the Reproductive Medicine Act in Austria. We explore the circumstances under which couples can access medically assisted reproduction and, in particular, the importance of the notarial act in consenting to IVF. In addition, we take a look at how notarity facilitates and accelerates the process of consent. 

When is in vitro fertilisation possible?

According to these provisions, medically assisted reproduction is only permitted in a marriage, registered partnership or cohabitation.

There are various conditions under which IVF can be performed. 

  1. Firstly, according to the state of science and experience, all other possible treatments that are reasonable for the spouses or partners to achieve pregnancy through sexual intercourse must have been unsuccessful or have no prospect of success. 
  2. Secondly, IVF may be considered if sexual intercourse is not reasonable in the long term due to the serious risk of transmitting a serious infectious disease. 
  3. Thirdly, IVF can be used to induce pregnancy in two women in a registered partnership or cohabitation. 
  4. Fourthly, IVF may be necessary in the context of a permissible preimplantation diagnosis. 

Consent In vitro fertilisation

The performance of medically assisted procreation is only permitted with the express consent of the spouses, registered partners or cohabiting partners. 

Consent to carry out medically assisted reproduction may only be given by the spouses, registered partners or cohabiting partners in person. Representation by another person is not permitted. Consent may only be given by a person who is capable of making a decision.

The consent of both spouses, registered partners or cohabiting partners must not be older than two years at the time of the insertion of semen, oocytes or cells capable of development into the woman's body. This ensures that the consent is current and valid and meets the wishes and needs of all parties involved.

Notarial deed for in vitro fertilisation?

If the use of ova or sperm from a third person is planned in medically assisted reproduction, registered partners and cohabiting partners must obtain legal advice from a notary in advance. This counselling serves to explain the legal consequences of consenting to medically assisted reproduction.

Consent to the use of the ova or semen of a third person must be given in the form of a notarial act. This ensures that the consent is legally binding and protects the interests of all parties involved

Can consent be revoked?

Consent to medically assisted reproduction may be revoked by any spouse, registered partner or cohabiting partner without any special form (e.g. written, oral).

Revocation is possible up to the time of the introduction of semen, ova or cells capable of development into the woman's body. The revocation must be declared personally to the doctor. The revocation may also be effective in the event of loss of decision-making capacity on the part of the revoking person. The doctor is obliged to record the revocation in writing and to issue a confirmation at the request of the revoking person.

Notarial deed in case of desire to have children - fast and secure with our partner notary:in. 

To facilitate the process of consent, the Online platform in partnership with notaries, the possibility to carry out the required notarial act quickly and easily online. This ensures that all legal requirements are met and that the consent to medically assisted reproduction is legally valid.

Conclusion: Notarial deed and artificial insemination

In vitro fertilisation is a significant medical option for couples who cannot achieve pregnancy naturally. In Austria, the specific legal framework allows this method to be used to fulfil the wish for parenthood. Through careful compliance with the statutory provisions and the need for a notarial act, it is ensured that the process is transparent, responsible and legally secure.

It is of great importance to raise awareness of the special needs of women in relation to reproductive health and medical decisions. Women should be informed about their rights and options in relation to medically assisted reproduction. They should also be able to make informed decisions that take into account their health and well-being. This includes access to notarial support to ensure that consent for IVF is legal and protected.

IVF can be a valuable method to help couples fulfil their desire to have children. Due to the clear legal regulation in Austria and the availability of Online notary services the process of consenting to medically assisted reproduction is simplified and facilitated.


Do you still have questions? We will get back to you as soon as possible.

Book appointment now

Book appointment now

Use of cookies

We use cookies to make the use of our website as comfortable as possible and to analyse the traffic on our website. More information about the different types of cookies we use can be found in our Privacy policy. There, the cookie settings can be adjusted at any time.