National Council decides to eliminate unequal treatment in parenthood

2023-12-15 20:07:15

The majority of MPs also voted in favor of setting up a central register of sperm or egg donations

Vienna (PK) – In the today’s National Council meeting was made up by a majority of the ÖVP, Greens, SPÖ and NEOS ABGB amendment decided taking into account a request for amendment in order to take into account a finding of the Constitutional Court on the subject of parenthood. With the new regulation, children of women who live in a same-sex marriage or registered partnership will automatically have two parents in the future, even if they were conceived without in vitro fertilization. This creates equality with children born in a heterosexual marriage. In addition, the person who provided the sperm for non-medical reproduction cannot be identified as the father if the partners have agreed on such reproduction. The amendment also expressly prohibits any commercialization and mediation of non-medically assisted reproduction and linguistically covers the “third gender”. The roll-call vote counted 129 yes votes and 25 no votes. In this context, a motion for a resolution from the government parties to implement the accompanying resolution was also approved by a majority, without the votes of the FPÖ Changes in the Personal Status Act.

Furthermore, the majority of ÖVP, Greens, FPÖ and NEOS voted for the establishment of one central registry for sperm or egg donations. This was proposed to enhance the child’s right to know his or her genetic ancestry.

Implementation of findings of the Constitutional Court

It is modern thinking to know that nature alone does not regulate everything, said Harald Troch (SPÖ). Nature sometimes prevents parenthood and in this case medicine can help with parenthood. It is therefore regarding human life that comes from donating an egg or sperm cell. The SPÖ is positive regarding this parenting, regardless of whether it concerns heterosexual or same-sex couples. The question, however, is how children find out regarding their biological parents. However, the government’s motion for a resolution does not provide an answer to this, nor does it provide an answer to questions regarding data protection. These are sensitive points and a law needs to be presented, said Troch.

Agnes Sikka Prammer (Greens) said she was very pleased that this law might be passed today. All children have the right to two parents, it doesn’t matter in what form or with whom the parents live together, said Prammer. She also submitted an amendment with formal additions.

This agenda item is regarding the “legal fiction” that the sperm that leads to the conception of a child within a same-sex partnership in non-medical reproduction comes from the partner and she is therefore the other parent, said Harald Stefan (FPÖ). . He thinks there was a mistake here. In the case of artificial insemination with someone else’s sperm, consent requires a notarial act to inform the consenting party of the legal consequences. In the case of non-medically assisted reproduction with someone else’s sperm, mere consent is sufficient. From his point of view, this is “really problematic”.

This decision implements a finding of the Constitutional Court because the legal consequences of doing nothing in this matter would have meant that the automatic paternity of the other parent would have ceased for all people who have children in Austria. In the same way, the idea of ​​​​protection of the social family in marriage and registered partnerships for the child born would no longer apply, emphasized Michaela Steinacker (ÖVP). It is important that children are passed on the knowledge of their biological father. A draft for the egg and sperm donation register will be launched in the spring; there will also be an entry option for conceptions with sperm donations in non-medically assisted reproduction. Gudrun Kugler (ÖVP) added: From her point of view, it is positive that the term father is retained in this law, which is not done in all countries. It is also positive that there is a consensus among all parties on the ban on surrogacy; this is also part of this topic. And thirdly, she thinks it is positive that the Minister of Health is commissioning an egg and sperm donor register, which will provide affected young people aged 14 and over with information regarding their biological parents.

Justice Minister Alma Zadić said that same-sex and opposite-sex marriages have finally been given equal status in parentage law. The second parent automatically becomes the person who is living with the mother in a marriage or registered partnership at the time of the child’s birth. The parent is also the person who has recognized the child, completely regardless of gender and regardless of how the child was conceived. Same-sex couples can therefore recognize children under the same conditions as heterosexual couples have been able to do before, said Zadić.

Debate regarding family image

Shetty Yannick (NEOS) criticized the fact that the FPÖ was the only party not to vote for this law because it had a narrow world view of “father, mother, child”. With this worldview, the FPÖ represents “more than 90 percent of the citizens” in this country, as they live in “exactly such a system”, the family, replied Dagmar Belakowitsch (FPÖ). The LGBTIQ community in Austria consists of more than 900,000 people, said Mario Lindner (SPÖ). This is more than Vorarlberg has inhabitants, more than Tyrol, more than Salzburg, more than Carinthia, more than Burgenland. And these 900,000 people are family, says Lindner. (Continuation of the National Council) bea

NOTE: Meetings of the National Council and the Federal Council can also be followed via live stream and are available as video-on-demand in the Parliament’s media library available.

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