FAQs on the notary deed

All couples that are not married or civil partners as well as those couples in need of a sperm or egg cell donation need to visit a notary and draw up a notary deed for their treatment.

Our specialist for all questions regarding the notary deed is Ms Brigitte Gartner – you can contact her via email:

office@kinderwunschzentrum.at

Depending on the treatment and type of partnership a notary deed is required in some cases. The purpose of this document is the legal certification of a partnership which is not bound in marriage. In cases where donor sperm or donor egg cells are used, a notary deed is even required for married couples. The reason for this is the regulation of parental rights and in order to release the donor from any parental obligations. By law we are requested to retain the notary deed in its original form or as a certified copy!

Married couples / civil partners require a notary deed for:

  • Insemination or IVF with donor sperm
  • IVF with donor egg cells

Couples in a partnership require a notary deed for: 

  • Insemination or IVF
  • Insemination or IVF with donor sperm
  • IVF with donor egg cells

We would like to point out that we cannot conduct a treatment if the notary deed is missing or has expired!

 

Heterosexual couples: Yes and no. You only need a notary deed for treatments using donorsperm or donor egg cells. The reason for this lies in the regulation of parental rights as well as the release of the donor from any such obligations.

Lesbian couples: Yes. You definitely need a notary deed as your treatment will involve donor sperm. Parental rights have to be regulated and the donor has to be released from any alimony obligations.

1. Draw up the notarial deed at the notary's office

Please contact the notary of your choice. Of course, we can name some of our cooperating notaries who have special experience in this field. You can find a list of all notaries here: https://www.notar.at/de/notarsuche/

The notaries ask you to make an appointment in good time; please bring your photo ID with you to the signing appointment. Please note that any titles must be stated in the ID, otherwise the notary will need the sponsorship or doctorate certificates as well.


2. Draw up the notarial deed online

Alternatively, you have the option of having your notarial deed drawn up online! We work together with "notarity" - a web application that can be used to certify documents online or to create notarial deeds - in close cooperation with partner notaries. "notarity" offers notarial deeds according to the Reproductive Medicine Act at a price from € 300 net (for Austrian citizens).
In case of other citizenships and/or insufficient knowledge of German, an additional charge may apply.

DRAW UP NOTARY DEED ONLINE HERE

Please keep in mind and inform your notary that the following details must be stated in the notary deed according to the Austrian Reproductive Medicine Act §8.

The declaration of consent has to include the following details:

  • your explicit consent for the medically assisted reproduction
  • if needed a consent for usage of donor sperm cells or donor egg cells
  • first and last name, birth date and birth place, nationality, addresses of the married couple, civil partners or partners living in cohabitation
  • the period of time in which the medically assisted reproduction can be conducted

Paragraph (5) states that the notary deed is only valid for two years.

You can find more details in our information sheets on the notary deed. Download information sheet

The notary deed is valid for 2 years according to the Reproductive Medicine Act.

Some notaries forget to state the validity period on the document - however, this has to be apparent for our documentation and a treatment start! Please check that your notary deed is still valid if you come for a further attempt at a later time.

Important: The original copy (or the document that you received from the notary) remains in the Kinderwunschzentrum and, according to FMedG §15, paragraphs 2 and 3, must be kept in our files for 30 years.

In order to draw up the consent declaration in the form of a notarial deed the following information on the couple is needed:

  • First and last name, title, birth date, addresses, marital status, nationality, telephone number, photo identification
  • Do the parties to the agreement live in an existing cohabitational relationship? Or are they married? In such cases, the notary needs the date and place of the marriage / civil partnership.
  • Does the couple speak German or do they need a translator? (additional costs!)
  • Does the couple have children? Please disclose the names and birth dates of the children and whether they emerged from the marriage/cohabitation between the parties to the agreement or whether they originated from previous relationships.
  • Will the partner’s sperm or donor sperm be used for the assisted reproduction treatment?

In case the parties to the agreement are not Austrian nationals information on the respective foreign law is necessary. The notary can only obtain this information on a case-by-case basis so it is best to let him know 4 – 6 weeks before the notarial deed is drawn up.

1. Notarial deed at the notary's office

You can expect costs between 250-450 €.
As the costs can vary from notary to notary we recommend asking for a price estimate before you make an appointment!

 

2. Notarial deed online

"notarity" offers notarial deeds according to the Reproductive Medicine Act at a price from € 300 net (for Austrian citizens).
In case of other citizenships and/or insufficient knowledge of German, an additional charge may apply.