Under Austrian law (Civil Code, Sections 137-166, RIS), parentage is determined by:
(a) The birth mother, who is automatically recognized as a legal parent at birth (Section 137).
(b) The biological father, who is presumed to be the legal parent if married to the mother (Section 138) or if he acknowledges paternity (Section 141). For unmarried couples, the father must formally acknowledge the child or establish paternity through court proceedings (Section 149).
In cases of informal sperm donation (e.g., at-home artificial insemination or natural insemination), the donor may be recognized as the legal father if he acknowledges paternity or if a court establishes paternity based on biological evidence or intent to parent (Section 149), particularly if he is involved in the child’s life post-birth.
Assisted Reproduction:
In Austria, assisted reproduction is regulated under the Reproductive Medicine Act (Fortpflanzungsmedizingesetz, 1992, amended 2014, RIS). “Donor-assisted human reproduction” (DAHR) involves donated gametes used in licensed clinics (Section 1). Note: Informal sperm donation outside clinical settings is prohibited and considered illegal under this framework.
DAHR is permitted only for married or cohabiting heterosexual couples (Section 2). Single women and same-sex couples are excluded, reflecting conservative policies. Donors must be anonymous—children have no legal right to access donor information (Section 14).
Sperm Donor Agreements:
In regulated DAHR, the donor is not a legal parent if the procedure complies with the Reproductive Medicine Act (Section 3). The intending parents are recognized as legal parents at birth (Section 2). Note: Informal sperm donation lacks this protection—donors risk being recognized as legal parents under general paternity laws (Section 138 or 149), especially if they acknowledge the child or are involved post-birth.
For natural insemination (NI) or informal AI, Austrian law does not provide specific exclusions for donors. A donor could be deemed the legal father if paternity is established, particularly if the mother is unmarried and the donor acknowledges the child. Courts may intervene based on intent or involvement.
Surrogacy:
Surrogacy is illegal in Austria under the Reproductive Medicine Act (Section 3). Both commercial and altruistic surrogacy are prohibited, and any surrogacy agreement is void. Parentage defaults to the birth mother.
International surrogacy arrangements are not recognized, but intending parents may adopt the child post-birth if they meet adoption criteria (Civil Code, Section 179). This process is complex and often requires court proceedings.
Parentage Agreements:
In regulated DAHR, parentage is formalized through consents at fertility clinics, with intending parents recognized at birth registration (Section 2). Informal agreements (e.g., co-parenting or donor contracts outside DAHR) lack legal standing in Austria. Courts may need to intervene under the Civil Code (Section 149) to establish or contest paternity if disputes arise.
Informal arrangements carry significant legal risks, as Austrian law prioritizes biological parentage over intent in non-regulated settings. A donor could claim paternity, or the mother could seek child support, depending on judicial interpretation.