The current regulation violates the fundamental right to family life.
The Constitutional Court (VfGH) sees in family law an unjustified differentiation according to the gender of the parents. It is about the question of how a child must be conceived so that both spouses or a registered couple are considered parents.
In the case of opposite-sex spouses, the man is considered the father when the woman becomes a mother. It doesn’t matter whether the baby was conceived by the parents alone or through medically assisted procreation.
It’s different for lesbian couples. If one of the women gives birth to a child, the second is considered a parent by law only if it is a medically assisted procreation. This can cause legal problems, especially with home insemination (“cup method”).
The VfGH (G 230/2021) complained that this distinction was based solely on sexual orientation and violated the right to family life and the principle of equality. He instructed politicians to create a new regulation by 2024. This should then take the home insemination into account in particular.[SP1NN]