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FAMILY

The Austrian rules that make it hard for single women to have a baby

Austria has very strict and specific rules when it comes to medically assisted pregnancies, surrogacy and adoptions. In practice, they make it almost impossible for single women to have babies.

Mother and newborn baby
A mother holds her baby in her arms. Photo by Hollie Santos on Unsplash

The phenomenon is worldwide; as medical advances happen, more women who don’t have a partner but want to have a child or children are able to fulfil that dream. If they have the means to do it, many go through the path of pregnancy via IVF or search for a child in the adoption system.

However, both paths can be very different depending on which country you check. In the UK and the US, for example, a single woman can find a sperm donor and get pregnant fairly quickly – in the UK, the process is covered by the NHS even. Adoption is a more bureaucratic process, but theoretically, it is an option for single women who want to have babies.

In Austria, though, things are much different. Traditionally, Austria has always been a very conservative country with strong Catholic roots, and a lot of emphasis is placed on nuclear families.

The IVF path in Austria

Austria has strict rules on medically assisted reproduction, something it defines as “medical methods used to induce pregnancy by means other than sexual intercourse”. It means that single people are not allowed to have medically assisted reproduction in Austria.

According to the government, assisted reproduction is only allowed if all other possible treatments to achieve a pregnancy through sexual intercourse have been unsuccessful if sexual intercourse to induce pregnancy is not reasonable, or if pregnancy is to be induced in one of two women living together.

READ ALSO: Four things you should know if you’re going to give birth in Austria

The law states that a person can remove and store semen and eggs even if they are not in a marriage, registered partnership or cohabitation, but that “the subsequent performance of medically assisted reproduction (…) requires, among other things, the existence of a valid marriage, registered partnership or cohabitation”.

It’s not only single women who are denied (biological) motherhood. Gay men also cannot have biological children, as surrogacy is prohibited in Austria. 

Other rules also make the process more bureaucratic, even for couples. For example, in principle, only the eggs and sperm of the partners may be used for medically assisted reproduction. 

The semen of a third person can only be used if the partner is not capable of reproduction or if the procedure is carried out in a same-sex partnership. Eggs of a third person can only be used if those of the person to become pregnant aren’t viable for medical reasons. Additionally, the egg recipient must be under 45 years old at the time of the start of the treatment.

Additionally, egg donors need to be between 18 and 30 years old. Semen can be donated by men over 18 years old, but there is no age limit.

READ ALSO: EXPLAINED: What you need to know about parental leave in Austria

What about adoption?

Adoption is a complicated process in almost every country – it is a difficult balance between trying to unite children to loving parents as early as possible and making sure that children in the system go to good and thoroughly vetted families. 

In Austria, single women can “in principle” adopt alone. Still, local media has shown how hard it can be, especially since there is great interest in adoption and long waiting lines. 

In practice, married couples are given preference when selecting suitable parents for an adoptive child, as Helena Planicka, Managing Director of the association “Eltern für Kinder Österreich” (“Parents for Children Austria”), told Austrian media.

READ ALSO: Austria declares ban on gay adoption illegal

Additionally, while federal requirements state adoptive parents must be at least 25 years old but set no maximum age, some state agencies do or add general statements such as ” care is taken to ensure that the age of the adopter corresponds to a natural parent-child relationship”. In the Graz area, adoptive parents must not be over the age of 46, as the CIty’s Department for Family and Youth told Der Standard

For single women, the barriers, particularly in a country with many couples seeking to adopt children, could be just too high.

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LIVING IN AUSTRIA

Familienbeihilfe: How can I get Austria’s family allowance payments?

Austrian residents raising children are eligible for family allowance, a monthly payment to help with child costs. But how much can you receive and how do you get the payments?

Familienbeihilfe: How can I get Austria's family allowance payments?

If you have children and live in Austria, you may be entitled to receive Familienbeihilfe, or family allowance, a subsidy that helps parents with the costs of raising children. 

This allowance is available to Austrian residents whose centre of life is in Austria, provided they live in a shared household with their child. The family allowance applies to children up to the age of 18 but may be extended to 24 or 25 in some instances.

How do I apply for it?

In most cases, family allowance is granted automatically upon the birth of a child in Austria without the need for an application. 

The tax office will inform you of your entitlement after your child is born and registered in Austria. Still, you may be asked to provide additional details such as bank information – or further proof that your centre of life is in Austria. For example, the Financial Office in Austria (Finanzamt) may ask you to show proof that you live and work in the country. 

READ ALSO: What you need to know about parental leave in Austria

If an application is required – usually when the child was not born in Austria- if you are moving here with your family, it must be submitted to the local tax office either online via FinanzOnline or in person.

You will need to provide the birth certificate and residence registration (Meldezettel) for both the child and the applicant.

You can apply online at FinanzOnline, search for Familienbeihilfe on the website, and then click on the application page. You can also use the form Beih100 and hand it in in person after an appointment, sending it to the Finanzamt by mail or dropping it in the post box outside each local Finanz office. You can check addresses HERE.

How much is the family allowance?

The monthly family allowance depends on the age of the child:

  • €132.30 from birth
  • €141.50 when the child turns 3
  • €164.20 from age 10
  • €191.60 from age 19

If you have multiple children, you are entitled to a supplementary allowance that increases with each additional child. The Austrian government also provides a school start allowance of €116.10 in August for children aged between 6 and 15.

For children with significant disabilities, the allowance is increased by €180.90 per month, provided you submit a medical certificate certifying the child’s disability.

How is Family Allowance paid?

Payments are made monthly, and the parent in charge of the household, usually the mother, receives the allowance. However, the mother can waive this right in favour of the other parent if desired. Since January 2024, the amount has been adjusted automatically for inflation, ensuring continued support for families as living costs rise.

READ NEXT: What you need to know about Austria’s child support benefits

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