On 17 January 2014, the Austrian Constitutional Court concluded that lesbian couples should be entitled to sperm donation, just like a heterosexual couple. » ‘protection of the family unit’ is not an adequate argument to refuse them » specified the Court.
Currently, in Austria, legislation « allows heterosexual couples who are married, have signed a contract or are cohabiting to have access to third party sperm donation provided that evidence is presented to confirm that medical assistance is required for procreation« .
According to the President of the Constitutional Court, Gerhart Holzinger, « there are no ‘particularly convincing or serious’ reasons to justify maintaining such discrimination« .
