FAQs on the notary deed

Your contact person for all questions regarding the notary deed is Mrs. Brigitte Gartner. She can be reached via mail office@kinderwunschzentrum.at and is available for personal questions on Mondays from 10-12am and Thursdays from 2-3pm.

Why do we need a notary deed?

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!

We are married / living in civil partnership - do we still need a notary deed?

Heterosexual couples: Yes and no. You only need a notary deed for treatments using donor sperm 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.

Which details must be stated in the notary deed?

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.

How long is the notary deed valid?

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.

What is necessary in order to issue a notary deed?

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?

To simplify the process we have created a form for the pre-registration with a notary. You can download the document above (“information sheets on the notary deed”).

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.

Where can we have the notary deed drawn up?

Please contact a notary of your choice. Of course we can offer you a number of notaries with whom we cooperate and who have special experience in this field. A list of the notaries can be found here: https://www.notar.at/de/notarsuche/

The notarial offices would appreciate an appointment arrangement in advance. Please bring your photo IDs to the signing appointment. We would also like to note that academic titles have to be stated in your ID otherwise the notary needs additional graduation or doctorate certificates. 

How much does the notary deed cost?

You can expect costs between 150-450 €. As the costs can vary from notary to notary we recommend asking for a price estimate before you make an appointment!