Is private sperm donation legal in Austria?

The short answer: yes, private sperm donation is possible in Austria, as long as no money is paid for it and no one profits from it. The longer answer is in the Reproductive Medicine Act (FMedG), which you can read in the Austrian Federal Legal Information System. We'll go through it point by point here, in plain language. This is not legal advice. It's a guide, so you know what matters.

Is private sperm donation even allowed in Austria?

Yes. There is no law that stops two adults from arranging a private, unpaid sperm donation. What's banned is something else: trading in it. The FMedG (§16) makes clear that sperm must not be a paid transaction, and that no one may broker sperm or donors as a business. So anyone who charges money, or who passes donors along as an agency for a commission, is operating outside the law. A private donation from one person to another, with no payment, doesn't fall under that.

There's one thing to keep in mind here. The FMedG mainly governs what clinics may do, meaning medically assisted reproduction in a hospital. If you carry out the donation at home yourselves, using the cup method (Bechermethode), where you introduce the sperm yourself with a cup and a syringe, you're not in that clinical setting. Even so, it's worth knowing the rules. They show what lawmakers consider sensible, and a lot of it is a good benchmark privately too. For how the donation actually works at home, see our guide to at-home insemination and the cup method.

Who can donate, and how often?

Anyone who is at least 18 years old can donate (§13). For clinics there's a second limit on top of that: one donor's sperm may be used in no more than three families (§14(2)). That limit exists for a good reason. It keeps the number of possible half-siblings manageable and lowers the risk that relatives might one day meet without knowing they're related.

In a private setting, no one is keeping that count for you. That makes it all the more important that you and the donor stick honestly to this idea and talk openly about how often he has donated already.

Can money change hands?

As payment: no. The law (§16(1)) only allows documented expenses to be reimbursed. This means real costs around the donation, such as travel or a medical test, with a receipt. The moment more is paid than these documented out-of-pocket costs, it counts as a paid transaction and is not allowed.

That's why this platform is non-profit: no fees, no commission. We don't match anyone for money. We only provide the space where you find each other yourselves.

Can the child later find out who the donor is?

In a clinic: yes. A child conceived with donated sperm may find out who the donor was from the age of 14 (§20(2)). The hospital has to keep that data and treat it confidentially.

Privately, there's no body that holds this data. So you decide for yourselves how open you want to be about it. Many families and donors today put it in writing that the child may get to know the donor if they ever want to one day. The child's right to know their origins is a strong argument for openness, even if the law doesn't require it of you privately.

What should you put in writing?

In the clinical process, written consent is required, and for unmarried partners it even has to take the form of a notarial deed (§8). Privately, an agreement like that isn't mandatory, but it's strongly recommended. Write down what everyone wants: that the donation is voluntary and unpaid, how you'll handle contact and future openness toward the child, and that no claims to child support or custody are intended.

An agreement like this is no substitute for a court. But it shows in black and white what everyone wanted from the start, and that prevents misunderstandings later. We provide templates for this to ID-verified members.

How to stay on the safe side

It comes down to three things: no money beyond real, documented expenses, no commercial matching, and an honest written arrangement. Anyone who sticks to that is within what Austria allows.

When you reach the point of looking for someone, our guide on finding a sperm donor in Austria covers everything else: verified profiles, privacy, and how the first contact works. We also answer common questions in the FAQ.

Note: This article is not legal advice. For specific legal questions, such as child support, custody, or parentage, talk to a family law attorney.

Written by Jenni Kubin. I work in the legal department of a non-profit organisation; that is no substitute for individual legal advice from a lawyer. The legal text (§§ 8, 13, 14, 16, 20 FMedG) was last checked on 7 June 2026 in the RIS.