Semen or ova donated by third persons

Advice

The donation and use of ova donated by third persons for medically assisted reproduction has been permitted since 24 February 2015.

The ova or sperm donor must be at least 18 years old. Neither ova nor sperm intended for third persons may be procured from a donor before they reach that age limit. A further age limit is stipulated for ova donors. Ova to be used for a third person, can only be procured before the donor’s 30th birthday.

Further information about the statutory age limit for recipients of ova is also available at www.oesterreich.gv.at

Medically assisted reproduction using the semen or ova of third persons may be carried out only in a hospital or clinic specifically approved for that purpose. Moreover, semen or ova may be made available only to such a hospital or clinic for the purpose of medically assisted reproduction. The ova/sperm donor must provide certain information about himself/herself (e.g. name, place of birth) to the hospital or clinic concerned (the hospital or clinic to which the ova or sperm are provided). The hospital or clinic must keep records of that data, amongst other things.

Further information about the obligation to obtain information and advice from a doctor is also available at www.oesterreich.gv.at

The donor must give his or her written consent to the use of his sperm or her ova for medically assisted reproduction, and to the exchange of information in relation to his/her data (e.g. name, place of birth). The consent must be declared to the hospital or clinic concerned (the hospital or clinic to which the ova or sperm are made available). It must be given in person (representation is not possible) and the donor must have the capacity to make informed decisions.

Advice

For the purposes of medically assisted reproduction, the donor may only ever make his sperm/her ova available to the same hospital or clinic.

The following persons or authorities have a right to inspection and information with regard to the data held on the donor by the hospital or clinic:

  • at his or her request, the child conceived with the donor’s ova or sperm and aged 14 or older;
  • for the best interests of the child in medically justified exceptional cases, the person entrusted with legal representation in matters pertaining to the care and upbringing (e.g. mother, father) of a child conceived with the donor’s ova or sperm;
  • the courts and administrative authorities, in so far as it is indispensable for the performance of their duties.

Advice

If the child was conceived by means of the sperm of a third person before 24 February 2015, the legal representative or guardian also requires approval from a guardianship court in order to inspect or access information. Such approval is no longer required in respect of children conceived after 24 February 2015.

The consent to the use of the ova or sperm cells by third persons for the purposes of medically assisted reproduction can be revoked informally (e.g. orally or in writing) by the donor (ova or sperm donor) at any time by declaring the revocation to the hospital or clinic. The revocation is effective even if the donor loses the capacity to make informed decisions. The result of the revocation is that the hospital or clinic may no longer use the donated ova or sperm for the purposes of medically assisted reproduction as from the date of revocation.

Legal basis

Fortpflanzungsmedizingesetz (FMedG)

Translated by the European Commission
Last update: 25 January 2021

Responsible for the content: Federal Ministry of Justice