The Austrian “Law on Reproductive Medicine”

The Austrian “Law on Reproductive Medicine” (“Fortplanzungsmedizingesetz”) which was passed by the Austrian Parliament in 1992 bans surrogacy method. Though surrogate motherhood is not mentioned explicitly, the law stipulates that egg cells can only be used for the woman whose body they were retrieved from.

Moreover, according to §137b of Austrian Republic’s Civil Code the mother of a child is always the woman who gave birth to this child, that is, – the surrogate mother – and not the contractor of surrogacy.

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Constitutional court of Austria