Austrian Constitutional Court turns down restriction of automatic co-parenthood and motherhood-recognition to medically assisted procreation (MAP)

Austrian Constitutional Court turns down restriction of automatic co-parenthood and motherhood-recognition to medically assisted procreation (MAP)

The Austrian Constitutional Court in a judgment of 30 June 2022, delivered today, turned down as violating equality rights the statutory restriction of co-parenthood and motherhood-recognition in female same-gender couples to medically assisted donor insemination.

There is no valid reason, the court stated, to withhold co-parenthood to spouses or registered partners (automatic) or cohabiting partners (by recognition) of a woman giving birth to a child sired in other ways than medically assisted donor insemination (for instance by home insemination). And it found sex and sexual orientation discrimination in relation to opposite-gender spouses, registered partners and cohabiting partners (where automatic or recognized co-parenthood is not restricted to medically assisted donor insemination but available for all children). The court also found the restriction to MAP violates the fundamental rights of children to protection and promotion of their best interests.

Read: https://www.vfgh.gv.at/medien/Begruendung_von_Elternschaft.php

(reported by Dr Helmut Graupner)

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