In vitro fertilisation and the notarial deed in Austria

A fulfilling family life is a big dream for 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 help. In Austria, in vitro fertilisation (IVF) is a method of medically assisted reproduction that is subject to specific legal provisions.

Austria has created specific legal provisions that support the wish to have children and also make the notarial deed (Notariatsakt) required in this process possible online.

In this blog post, we take a comprehensive look at the Austrian Reproductive Medicine Act (Fortpflanzungsmedizingesetz). We explore the circumstances under which couples can access medically assisted reproduction and, in particular, the importance of the notarial deed when consenting to IVF. We also look at how notarity makes the consent process easier and faster.

When is in vitro fertilisation possible?

Under these provisions, medically assisted reproduction is only permitted within a marriage, a registered partnership or a cohabiting relationship.

There are various conditions under which IVF can be performed:

1. Firstly, according to the current state of science and experience, all other possible treatments for achieving pregnancy through sexual intercourse that can reasonably be expected of the spouses or partners must have been unsuccessful or have no prospect of success.
2. Secondly, IVF may be considered if sexual intercourse cannot reasonably be expected in the long term because of a serious risk of transmitting a serious infectious disease.
3. Thirdly, IVF can be used to bring about a pregnancy for two women in a registered partnership or cohabiting relationship.
4. Fourthly, IVF may be necessary as part of a permissible preimplantation diagnosis.

Consent to in vitro fertilisation

Medically assisted reproduction may only be carried out with the express consent of the spouses, registered partners or cohabiting partners.

Consent to medically assisted reproduction can only be given in person by the spouses, registered partners or cohabiting partners. Representation by another person is not permitted. Consent can only be given by a person who has the capacity to make decisions.

At the time the sperm, egg cells or viable cells are introduced into the woman’s body, the consent of both spouses, registered partners or cohabiting partners must not be more than two years old. This ensures that the consent is current and valid and reflects the wishes and needs of everyone involved.

Is a notarial deed required for in vitro fertilisation?

If medically assisted reproduction is to use egg cells or sperm from a third person, registered partners and cohabiting partners must first obtain legal advice from a notary. This advice serves to explain the legal consequences of consenting to medically assisted reproduction.

Consent to the use of egg cells or sperm from a third person must be given in the form of a notarial deed. This ensures that the consent is legally binding and protects the interests of everyone involved.

Can consent be revoked?

Consent to medically assisted reproduction can be revoked by either spouse, registered partner or cohabiting partner without any particular form (e.g. in writing or orally).

Revocation is possible up until the sperm, egg cells or viable cells are introduced into the woman’s body. The revocation must be declared in person to the doctor. It can be effective even if the revoking person has lost their capacity to make decisions. The doctor is obliged to record the revocation in writing and, at the request of the revoking person, to issue a confirmation.

Notarial deed for couples who want children: fast and secure with partner notaries

To make the consent process easier, the online platform notarity, in partnership with notaries, offers the option of having the required notarial deed executed quickly and easily online by a partner notary. This ensures that all legal requirements are met and that the consent to medically assisted reproduction is legally valid.

Conclusion: notarial deed and assisted reproduction

In vitro fertilisation is an important medical option for couples who cannot achieve a pregnancy naturally. In Austria, the specific legal framework allows this method to be used to fulfil the wish for parenthood. Careful compliance with the statutory provisions and the requirement for a notarial deed ensure that the process is transparent, responsible and legally secure.

It is very important to raise awareness of women’s particular needs with regard 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 their health and well-being into account. This includes access to notarial support to ensure that consent to IVF is lawful and protected.

IVF can be a valuable way of helping couples fulfil their wish to have children. Thanks to the clear legal framework in Austria and the availability of online notarisation, the process of consenting to medically assisted reproduction is simpler and easier.