Federal law consolidated: Entire legal provision for reproductive medicine law,
Version from 01.02.2020
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long Title
Federal law that regulates medically assisted reproduction
(Reproductive Medicine Act - FMedG)
StF: BGBl. No. 275/1992 (NR: GP XVIII RV 216 AB 490 p. 69. BR: AB 4255 p. 553.)
modification
BGBl. I No. 98/2001 (NR: GP XXI RV 621 AB 704 p. 75. BR: 6398 AB 6424 p. 679.)
BGBl. I No. 163/2004 (NR: GP XXII RV 678 AB 741 S. 90. BR: AB 7167 S. 717.)
BGBl. I No. 49/2008 (NR: GP XXIII RV 261 AB 343 p. 40. BR: AB 7823 p. 751.)
[CELEX-No: 32004L0023, 32006L0017, 32006L0086]
BGBl. I No. 135/2009 (NR: GP XXIV RV 485 AB 558 p. 49. BR: 8217 AB 8228 p. 780.)
BGBl. I No. 111/2010 (NR: GP XXIV RV 981 AB 1026 p. 90. BR: 8437 AB 8439 p. 792.)
[CELEX No .: 32010L0012]
BGBl. I No. 4/2014 (VfGH)
BGBl. I No. 35/2015 (NR: GP XXV RV 445 AB 450 p. 59. BR: 9316 AB 9318 p. 838.)
BGBl. I No. 37/2018 (NR: GP XXVI RV 108 AB 139 P. 23. BR: 9967 AB 9970 P. 880.)
[CELEX-No .: 32017L2399, 32017L1572]
BGBl. I No. 58/2018 (NR: GP XXVI RV 195 AB 221 p. 34. BR: AB 10018 p. 882.)
Preamble / Promulgatory
Table of Contents
Reproductive Medicine Act (FMedG)
Section 1
General
§ 1. Definitions
Section 2
Admissibility requirements for medically assisted reproduction,
Preimplantation diagnosis and cell removal
§ 2. Medically assisted reproduction
§ 2a. Preimplantation genetic diagnosis
§ 2 B. Cell removal and storage
§ 3. Use of the removed cells
Section 3
procedures
§§ 4. and 5. Authorization
Voluntary participation
§ 6. Prohibition of disadvantage
§ 7. Advice
§ 8. Consent
Section 4
Use, study and treatment of cells
§§ 9. and 10. General provisions
§§ 11. to 15. Special provisions for the use of semen and eggs from third parties
§ 16. Ban on commercialization and placement
§ 17. Storage
Section 5
Documentation and information requirements
§ 18 .. records
§ 19. Data processing
Section 20. Information
§ 21. Statistics
Section 6
Penalties
Sections 22 to 25
Section 7
Final and transitional provisions
§ 26. Entry into force and expiry
§ 27. References
§ 28. Execution
text
Section 1
General
definitions
§ 1. (1) Medically supported reproduction in the sense of this federal law is the application
medical methods to achieve pregnancy other than through
Sexual intercourse.
(2) Methods of medically assisted reproduction in the sense of paragraph 1 are in particular
1. the introduction of semen into the sexual organs of a woman,
2. the association of egg cells with sperm cells outside a woman's body,
3. the introduction of viable cells into a woman's uterus or fallopian tubes and
4. the introduction of egg cells or egg cells with semen into the uterus or fallopian tubes
Mrs.
(3) Fertilized egg cells and cells developed from them are to be regarded as viable cells.
(4) Preimplantation diagnosis in the sense of this federal law is every method for genetic
Examination of viable cells before they are introduced into a woman's body and for
genetic testing of other cells that develop after fertilization of the egg.
Section 2
Admissibility requirements for medically assisted reproduction,
Preimplantation diagnosis and cell removal
Medically assisted reproduction
§ 2. (1) Medically supported reproduction is only possible in a marriage, in a registered one
Partnership or in a cohabitation allowed.
(2) Medically assisted reproduction is also only permitted if
1. according to the state of science and experience all other possible and the spouse or
Life-threatening reasonable treatments to bring about pregnancy
Intercourse has been unsuccessful or hopeless or
2. sexual intercourse to bring about pregnancy to the spouse or
Significant other because of the serious risk of transmission of a serious infectious disease
Duration is not reasonable or
3. pregnancy in one of two in a registered partnership or
Living community should be brought about or
4. it must be carried out for the purpose of preimplantation diagnostics permitted according to § 2a.
(3) If according to the state of medical science and experience several promising and
Reasonable methods are available to choose from, only those that can be used with
lower health impairments and dangers for the people involved and
which creates less viable cells. The child's best interests must be taken into account.
Preimplantation genetic diagnosis
§ 2a. (1) Preimplantation diagnosis is only permitted if
1. After three or more transfers of viable cells, pregnancy did not occur
could be and there is reason to believe that this is due to the genetic disposition of the
viable cells and not due to other causes, or
2. at least three medically proven miscarriages or stillbirths occurred spontaneously and these with high
Probability had its cause in the child's genetic disposition or
3. due to the genetic disposition of at least one parent, there is a serious risk that it
miscarriage or stillbirth or an inherited illness of the child.
(2) An hereditary disease within the meaning of paragraph 1 subparagraph 3 is present if the child is pregnant or
so sick after birth that it
1. only through the constant use of modern medical technology or the constant use of others, its
Life of severely impairing medical or nursing aids alive
can be obtained or
2. has severe brain damage or
3. will suffer from severe pain that cannot be effectively treated in the long term
and furthermore the cause of this disease cannot be treated.
(3) If according to the state of medical science and experience several
Examination methods are available to bring about pregnancy or to
exclude that there is a serious risk of miscarriage, stillbirth or an inherited disease
Initially, only the examination that starts at an earlier stage or that
is less invasive.
(4) Within the framework of preimplantation diagnostics only those based on the state of medical
Science and experience in the sense of paragraph 1 no. 1 to achieve pregnancy, in the sense of
Paragraph 1 line 2 to avoid a miscarriage or stillbirth or in the sense of paragraph 1 line 3 to avoid a
Miscarriage or stillbirth, or an inherited disease, must be performed
become. The determination of sex by pre-implantation diagnosis is only permitted if the
Hereditary disease is gender-dependent.
(5) Institutions in which genetic pre-implantation diagnosis in accordance with paragraph 1
Analyzes need to be carried out, especially for the ones they are considering
Examination methods, the examination content and the scope of the examination according to an approval
Section 68 (3) GTG with the involvement of the scientific committee for gene analysis and gene therapy
according to § 88 Abs. 2 Z 2a GTG
Cell removal and storage
§ 2 B. (1) Semen, egg cells, as well as testicular and ovarian tissue may also be used for future medical purposes
assisted reproduction can be taken and kept if there is a physical disorder or its
Treatment in accordance with the state of medical science and experience is a serious danger
causes that pregnancy can no longer be brought about by sexual intercourse.
(2) Egg cells that are to be used for a third person may only be from the 18th to the
completed 30 years of age.
Use the removed cells
§ 3. (1) For medically assisted reproduction, except in those regulated in paragraphs 2 and 3
Only the egg cells and sperm from the spouse, registered partner or significant other
be used.
(2) The semen of a third person may exceptionally be used if that of the
Spouse or significant other is not reproductive or is medically assisted
Propagation in a registered partnership or cohabitation made by two women
shall be.
(3) The egg cells of a third person may be used exceptionally if the woman's,
in which the pregnancy is to be brought about, are not reproducible and this woman for
At the age of 45 years of treatment.
Section 3
procedures
authority
§ 4. (1) Medically assisted training may only be carried out by one of the self-employed
Professional practice authorized gynecologist and obstetrician.
(2) Medically assisted reproduction may only take place in a hospital approved for this purpose
be performed; however, the method according to § 1 para. 2 no. 1 may also be used in an ordination facility
Specialist in gynecology and obstetrics are used, provided that the semen of the
Spouse or significant other is used.
(3) Preimplantation diagnostics may only be carried out in a facility approved in accordance with Section 68 (3) GTG
be carried out by the facility in which the medically assisted reproduction is carried out
becomes organizationally, personnel and financially independent.
§ 5. (1) The medical director of a hospital and the specialist have the intention in the
Hospital or ordination center Methods according to § 1 para. 2 no. 1 with the spouse's semen or
To use life companions to report to the governor. An application is made for the notification
To give confirmation.
(2) The medical director of a hospital in which the implementation of other medically assisted
If you intend to continue, you must apply to the governor for approval. The
Approval must be granted if, based on the personnel and material equipment and the availability of the
legal powers a state of the art in medical science and experience
Implementation of medically assisted reproductions is guaranteed. Furthermore, the possibility must
adequate psychological counseling and psychotherapeutic care are provided.
(3) The governor must revoke the admission if the requirements no longer apply
given are. He must also revoke the admission or use the method in accordance with Section 1 (2)
Z 1 with the sperm of the spouse or partner if the provisions of this
Federal law have been seriously or repeatedly violated despite a warning.
Voluntary participation
prohibition of discrimination
§ 6. (1) No doctor is obliged to provide medically assisted further training or
To carry out pre-implantation diagnosis or to participate in it. This also applies to relatives of the others
legally regulated health professions.
(2) Nobody is allowed to carry out one of the provisions of this Federal Act
appropriate medically supported reproduction or preimplantation diagnosis, participation
because of or because of the refusal to undertake such medically assisted reproduction or
To carry out pre-implantation diagnostics or to participate in whatever way they are disadvantaged.
consultation
§ 7. (1) The doctor has at least 14 days before medically assisted reproduction the spouses,
registered partner or partner or a third person, from whom the egg cells are taken, in
a language that is understandable to medical laypersons, in particular to clarify the following circumstances and
to advise:
1. the different causes of infertility,
2. the method, its chances of success and uncertainties as well as the scope of the intervention,
3. the possible consequences and dangers of treatment for the woman and the desired child,
4. the medical devices and pharmaceuticals used in the course of the surgery as well as their
Side effects
5. the inconvenience and complications associated with the procedure,
6. the post-treatments and possible late effects that may be necessary, in particular the
Effects on female fertility, and
7. the costs associated with the intervention, including expected follow-up costs.
Any waiver of this medical information is legally ineffective.
(2) The doctor has the spouse, registered partner or partner or third person,
whose semen or eggs are used, a psychological counseling or a
propose psychotherapeutic care and point out the possibility to others
consult independent advisory bodies.
(3) The advice or care of spouses, registered partners or partners should be
especially on those for the parents and the child with the use of semen or egg cells third
Relate to people-related challenges.
(4) Medically supported reproduction has detailed advice from the registered
Partner or partner by a notary about the legal consequences of consent (§ 8)
go ahead; in the case of spouses, this only applies if the semen or the egg cells of a third person
should be used.
approval
§ 8. (1) Medically supported reproduction may only take place with the consent of the spouse,
registered partner or partner. The approval requires
Life partner or when using the semen or the egg cells of a third person in the form of a
Notarial deed.
(2) The spouses, registered partners or partners can only consent
give personally. To do this, you must be able to make decisions.
(3) The declaration must contain:
1. express consent to medically assisted reproduction;
2. If necessary, consent to the use of a third person's sperm or eggs
Person;
3. Name, date and place of birth, nationality and place of residence of the spouses, registered partners
or significant other as well
4. The period during which medically assisted reproduction can be carried out.
(4) The consent to medically assisted reproduction can be given to the doctor by anyone
Spouses, registered partners or partners until the introduction of the semen, the egg cells or
of viable cells in the woman's body. No revocation is required
certain form and is effective regardless of the loss of insight and judgment; the doctor has
to record the revocation in writing and to issue a confirmation on request.
(5) The consent of both spouses, registered partners or partners at the time
the introduction of semen, egg cells or viable cells into the woman's body no older than
be two years.
Note for the following provision
for the reference period cf. Section 26 (4)
Section 4
Use, study and treatment of cells
General provisions
§ 9. (1) Viable cells - unless otherwise regulated in § 2a - not for others
Purposes as used for medically assisted reproductive purposes.
(2) Viable cells may only be examined and treated to the extent that this is possible after the
State of the art in medical science and experience in achieving pregnancy or
Preimplantation diagnosis according to § 2a is required. The same applies to seeds and
Egg cells to be used for medically assisted reproductive purposes.
(3) Interventions in the germ cell pathway are not permitted. This also applies, except in the cases regulated in § 2a
for genetic studies of viable cells before they are introduced into the body
Mrs.
§ 10. When egg cells are combined with sperm cells outside a woman's body, this is the only way
many oocytes are fertilized and subsequently introduced, as is the case in the medical field
Science and experience within a cycle of the treated woman for a promising and
reasonable medically assisted reproduction is necessary.
Special provisions for the use of third party semen and eggs
§ 11. A medically assisted reproduction with the semen or the egg cells of third persons is allowed
can only be carried out in an approved hospital (Section 5 (2)). Sperm or egg cells are allowed for
medically supported reproduction can only be made available to such a hospital.
The hospital has both the people whose semen or eggs are to be used as well
examine their semen or egg cells before using them.
§ 12. The examination of third persons and their sperm or their egg cells must ensure
that the semen or the egg cells according to the respective state of medical science and experience
are reproducible and do not pose any health risks for women or that through their use
desired child can arise.
§ 13. (1) Sperm and egg cells from third parties may only be used for medically assisted reproduction
used when these persons have reached the age of 18 and such use
and have given the hospital written information in accordance with Section 20.
(2) The persons whose semen or egg cells are to be used can only consent
personally and must be able to make decisions. The consent can be given at any time
Withdrawn from the hospital with the effect that any further use is prohibited.
The revocation does not require a specific form and is regardless of the loss of decision-making ability
effective; the hospital must record it in writing and, if requested, confirm it
issue.
§ 14. (1) For the purposes of medically assisted reproduction, third parties may use their semen
or only make their eggs available to the same hospital. Then she has the hospital
especially to point out.
(2) Semen or eggs from third parties may be used for medically assisted reproductive purposes in
A maximum of three marriages, registered partnerships or cohabiting partnerships can be used.
(3) Semen from different men and egg cells from different women are allowed for one medicinally
assisted reproduction cannot be used.
§ 15. (1) The hospital has over third parties who provide semen or eggs,
keep the following records:
1. Name, date and place of birth, nationality and place of residence;
2. names of their parents;
3. Time of release of the semen or eggs and
4. the results of the tests carried out in accordance with § 12.
(2) The hospital must also keep records of which marriages are registered
Partnerships or communities of the sperm or the egg cells have been used.
(3) The records in accordance with paragraphs 1 and 2 must be kept by the hospital for 30 years.
After the expiry of this period or in the event of early dissolution of the hospital, these documents are deemed to be the
Provincial Governor; he has to keep them permanently.
Ban on commercialization and placement
§ 16. (1) The provision of semen or egg cells for medically assisted reproduction may
not be the subject of a legal transaction against payment. The agreement or acceptance of a
Expense allowance is considered a legal transaction against payment, if and to the extent the expense allowance
about the proven cash outlays related to medical treatment at the
Release of sperm or egg cells has been carried out.
(2) The mediation
1. of viable cells,
2. from semen and eggs for medically assisted reproduction and
3. From people who are ready to use semen, egg cells or viable cells for a medical purpose
to allow assisted reproduction or to have it introduced,
is not permitted. Likewise, any advertising for the transfer or mediation of semen, egg cells or
viable cells inadmissible.
storage
Section 17
medically supported reproduction should only be used in one according to § 5 para. 2
licensed hospital, semen also through a gynecologist and obstetrician who
has made a report in accordance with Section 5 (1) and withdrawn until revoked or until the person's death,
from which they originate. However, viable cells are allowed to be in a maximum of ten years
a hospital approved in accordance with Section 5 (2). The storage has the
to correspond to the current state of science and technology.
(2) The provision of semen, egg cells and testicular and ovary tissue in accordance with paragraph 1 is only permitted with
written consent from the person from whom they originate and the provision of viable cells
only permitted with the written consent of both spouses, registered partners or partners. The
Consent can only be given personally and in a state of decision-making ability. § 3 remains
unaffected.
Note for the following provision
for the reference period cf. Section 26 (4)
Section 5
Documentation and information requirements
records
§ 18. (1) The doctor who carries out medically assisted reproduction has
1. Names,
2nd birthday and place,
3. Citizenship and
4. Place of residence
the spouse, registered partner or partner and separately the third person whose
Semen or egg cells are used to record in writing. At the same time, the reasons for that
Treatment, the method used (§ 1 paragraph 2) and its results.
(2) Furthermore, the doctor has written records of the existence of the requirements for the
medically assisted propagation, about the cause, the medical procedure and the method of
Treatment, its course and duration as well as that according to the state of medical science and
Experience for the pregnancy, the birth and the health development of the desired child
essential circumstances.
(3) These records and the approvals pursuant to Section 8 (1) and Section 13 (1) are from
Hospital, facility or specialist in the ordination facility for 30 years.
After the expiry of this period or if the hospital or ordination facility is dissolved earlier, these are
Submit documents to the governor; he has to keep them permanently.
data processing
§ 19. (1) The doctor is responsible for the processing of personal data provided for in § 18
Compliance with regulation (EU) № 679/2016 for the protection of natural persons during processing
personal data, the free movement of data and the repeal of Directive 95/46 / EC
(General Data Protection Regulation), OJ. № L 119 of April 27, 2016 p. 1 (hereinafter: GDPR) and the
Data Protection Act (hereinafter: DSG), Federal Law Gazette I No. 165/1999, authorized.
(2) Hospitals are authorized to provide the personal data required under § 15
Process compliance with the GDPR and the GDPR.
(3) With regard to the processing of personal data according to this federal law, the rights are
and obligations according to Art. 13, 14, 18 and 21 GDPR excluded.
(4) If data according to § 15 and § 18 for scientific or historical research purposes
or processed for statistical purposes, has the processing in pseudonymized form
if the purposes can be achieved in this way. As far as the personal reference for the
Realization of the purpose is essential, the rights of those concerned under Articles 15, 16, 18 and 21
GDPR can be excluded from the person responsible, insofar as these rights are the realization of the
would make impossible or seriously impair specific purposes.
information desk
Section 20. (1) The records of third parties who provided semen or oocytes
and their genetic data must be treated confidentially.
(2) The child conceived with the semen or the egg cells of a third person is at his request
to grant access to the records pursuant to Section 15 (1) after the age of 14 and
to provide information from this. For the good of the child, in medically justified exceptional cases, the
The person who is responsible for the legal representation for care and upbringing, access and information
To give.
(3) The courts and administrative authorities have the right of inspection and information, insofar as this is
Fulfillment of their duties in the execution of this federal law is indispensable.
statistics
Section 21. (1) The medical directors of the hospitals in which medically assisted training is carried out
are carried out annually by March 31 of the following calendar year at the latest
Gesundheit Österreich GmbH electronically, the non-personal mentioned in paragraph 2
Report data. Gesundheit Österreich GmbH has an evaluation of this until September 30th
To make data.
(2) The following data are not to be collected for the evaluation according to Paragraph 1:
1. Number of couples who have used medically assisted reproduction
as well as the number of applications, structured according to the methods listed in § 1 (2)
(including the supply of semen and eggs) and by age, number of kept
Sperm donation, egg cells and viable cells,
2. Number of pregnancies caused by medically assisted reproduction and
Number and type of births,
3. Number of couples receiving medically assisted reproduction for the purpose of
Preimplantation diagnostics, broken down by the
Admission requirements of Section 2a (1) 1, 2 and 3 and
4. Hereditary diseases that were identified in the preimplantation diagnosis.
(3) Gesundheit Österreich GmbH has the evaluation according to paragraph 1 and that in the gene analysis register
Pursuant to Section 79 (1) 1 GTG, institutions that perform PID including those listed in Section 79 (2)
GTG information and tests as well as all speci fi c information contained in the genetic engineering book
Information on PGD as part of a report to the Federal Ministry of Health and the
To be made available by the Federal Ministry of Justice and on the homepage of Health Austria
GmbH to publish.
Section 6
Penalties
§ 22. (1) Who
1. being without a doctor, performing medically assisted reproduction,
2. provides its semen or egg cells contrary to Section 11 second sentence or Section 14 (1),
3. uses semen, egg cells or viable cells contrary to sections 9, 10 or 14 paragraph 3,
examined or treated or other persons for such use, investigation or
Leaves treatment,
4. surrenders or receives semen or eggs contrary to Section 16 (1) or semen,
Egg cells, viable cells or people mediated contrary to § 16 paragraph 2,
commits an administrative offense.
(2) An administrative violation according to paragraph 1 is punishable
1. in cases of Z 1, 3 and 4 with a fine of up to 50,000 euros, in the case of uncollectibility with
Replacement sentence up to 14 days;
2. in the case of Z 2 with a fine of up to 10,000 euros, in the case of uncollectibility with a replacement prison sentence of up to
a week.
§ 23. (1) Who as a doctor
1. carries out medically assisted reproduction or pre-implantation diagnostics
a) which is inadmissible according to §§ 2 to 3,
b) without the requirements and requirements set out in § 4 being met,
c) in violation of the reporting obligation of Section 5 (1),
d) without providing information and advice to spouses, registered partners or partners in accordance with
§ 7 or
e) without the consent required under Section 8 (1) or Section 13 (1),
2. medically assisted reproduction with the semen or the egg cells of third parties
performs first and third sentences contrary to § 11,
3. fails to carry out the examinations required under § 12,
4. Used semen or egg cells contrary to § 14 paragraph 2 or
5. does not fulfill its recording or retention obligation according to § 18,
commits an administrative offense.
(2) An administrative violation according to paragraph 1 is to be punished
1. in the cases of Z 1 to 4 with a fine of up to 50,000 euros, in the case of uncollectibility with
Imprisonment for up to 14 days;
2. In the case of the Z 5 with a fine of up to 10,000 euros, in the case of uncollectibility with a replacement prison sentence of up to
a week.
§ 24. Anyone who works for a hospital
1. fails to carry out the examinations required in accordance with § 12 or the ones in § 14 (1)
to provide the intended instruction,
2. Receives semen or eggs from a third person, even though he knows that their semen
or has already made their eggs available to another hospital,
3. contrary to § 15 does not keep records or only records them inadequately,
4. the requirements for storage in accordance with section 17 (1) or the consent requirements in section 17
Paragraph 2 disregarded,
5. violates the retention obligation in accordance with section 18 (3) or the reporting obligation in accordance with section 21 (1) or
6. Contrary to Section 20 (2) granted access to or information from the records in accordance with Section 15 (1)
granted
commits an administrative offense and is fined up to 5,000 euros, if irrecoverable
Punish alternative prison sentence up to three days.
§ 25. (1) An administrative violation according to the above provisions only exists if the deed
does not constitute an offense falling within the jurisdiction of the courts.
(2) The attempt is punishable.
(3) A fee received for the crime must be declared forfeited. Isn't a drop in pay
possible, a forfeiture penalty in the amount of the remuneration received is to be imposed on the offender.
If the penalty for forfeiture were beyond the meaning of the act or the accusation against the perpetrator
Ratio, so it is to be completely or partially refrained from imposing it.
(4) For the investigation and punishment of administrative offenses according to the above
The governor is responsible for regulations.
Section 7
Final and transitional provisions
Entry into force and expiry
§ 26. (1) This Federal Act comes into force on July 1, 1992.
(2) § 1 Paragraph 4, §§ 2, 2a, 2b, 3, § 4 Paragraph 3, §§ 6 to 18, § 20 Paragraph 1 and 2, § 21, § 22 Paragraph 1 No. 2, 3 and 4
and para. 2, § 23 para. 1 nos. 1, 2 and 4 and para. 2, § 24, § 25 para. 4, § 26, § 27 and § 28 including headings
as well as the table of contents and the section headings in the version of the
Reproductive Medicine Law Amendment Act 2015, Federal Law Gazette I № 35/2015, occur with the
Announcement in force the following day.
(3) Sections 1 (4), 2, 2a, 2b, 3, 4 (3), 6 to 8, 20 (1) and (2) and 21 in the version of the
Reproductive Medicine Law Amendment Act 2015, Federal Law Gazette I No. 35/2015, are medically supported
Propagation to apply pre-implantation diagnostics and semen and egg harvesting, the
be carried out from the entry into force.
(4) Sections 9 to 18 in the version of the Reproductive Medicine Law Amendment Act 2015, Federal Law Gazette I
№ 35/2015, are also applicable to safekeeping, uses,
Apply examinations and treatments to semen, eggs and viable cells.
(5) Sections 22, 23, 24 and 25 in the version of the Reproductive Medicine Law Amendment Act 2015,
BGBl. I № 35/2015, are applicable to criminal offenses committed after the entry into force
become.
(6) § 19 expires on June 30, 2016. The reports according to § 21 paragraph 1 are for the first time for the
Refund 2016.
(7) The table of contents, § 15 para. 3 and § 19 together with the heading in the version of the 2nd matter
Data Protection Adjustment Act, Federal Law Gazette I No. 37/2018, come into force on May 25, 2018.
(7) Sections 8, 13 and 17 in the version of the Federal Law BGBl. I № 58/2018 come into effect on August 1
2018 in force.
references
Section 27. (1) Insofar as this federal law refers to provisions of other federal laws,
are to be applied in the currently applicable version.
(2) This federal law will
1st Genetic Engineering Act - GTG, Federal Law Gazette No. 510/1994 and that
2. Tissue Safety Act - GSG, Federal Law Gazette I No. 49/2008,
not touched.
completion
§ 28. With the enforcement of this federal law, the Federal Minister of Justice and the
Federal Minister of Health.
Article V
Final and transitional provisions
(1) This Federal Act comes into force on July 1, 1992.
(2) Ordinances on the basis of this federal law can already be used with the announcement
be released the following day; they may at the earliest when this federal law comes into force
to be put into effect.
(3) If already in hospitals or ordination centers at the time of entry into force
Federal law methods according to § 1 para. 2 no. 1 Reproductive Medicine Act with the sperm of the spouse
or companions are used, the medical director of the hospital or the
Specialist of the ordination center to the governor within three months of the entry into force
to report this federal law.
(4) The medical director of a hospital in which, at the time of entry into force
Other methods of medically assisted reproduction are already carried out under federal law,
has the with the governor within three months from the entry into force of this federal law
To apply for admission in accordance with section 5 (2) of the Reproductive Medicine Act; such medically assisted
Further advances may only be made without approval until a final decision on the application has been made
be performed.
(5) Section 137b and Section 155 of the ABGB, insofar as this is the father's generation or the execution of a
medically assisted reproduction with the sperm of the husband, as well as § 163 Paragraph 1 second
Sentence and para. 4 ABGB in the version of this federal law also apply to children who are in the
Are already born when this federal law comes into force.
(6) If the mother's husband has a medical condition before this Federal Act comes into force
assisted reproduction with the semen of a third party, the marital status of the with the
Seeds of the third conceived child cannot be denied.
(7) In proceedings pending prior to the entry into force of this Federal Act, those are so far
applicable regulations continue to apply.
(8) With the enforcement of this federal law, the Federal Minister of Justice and the
Federal Minister for Health and Women.
Article 39
Entry into force, final and transitional provisions
(Note: from BGBl. I No. 111/2010, to §§ 7 and 8, BGBl. No. 275/1992)
(1) Art. 16, 20, 26, 27, 37 and 38 (Building Law, FMedG, JN, NO, WEG 2002, ZPO) occur insofar as in
Following nothing else is arranged with effect from May 1, 2011.
(Note: Paragraphs 2 to 5 concern other legal regulations)
(6) Art. 20 (FMedG) in the version of this Federal Act shall apply if the advice or the
Approval is given after April 30, 2011.
(Note: Paragraphs 7 to 10 concern other legal regulations)
7. Main piece
Final and transitional provisions
Article 79
Entry into force and transitional provisions
(Note: from BGBl. I No. 135/2009, to § 2, BGBl. No. 275/1992)
(1) Art. 2 (Amendment of the General Civil Code), Art. 3 (Amendment of the Marriage Act),
Art. 4 (amendment of the Reproductive Medicine Act), Art. 6 (amendment of the jurisdiction standard), Art. 7
(Amendment to the Criminal Code), Art. 27 (Amendment to the Income Tax Act 1988), Art. 28
(Amendment of the Corporation Tax Act 1988), Art. 29 (Amendment of the VAT Act 1994),
Art. 30 (Amendment of the 1955 Valuation Act), Art. 31 (Amendment of the 1957 Fees Act), Art. 33
(Amendment of the Federal Tax Code), Art. 34 (Amendment of the Alcohol Tax Act), Art. 61 (Amendment
of the Physicians Act 1998), Art. 62 (Amendment of the Salary Fund Act 2002), Art. 63 (Amendment of the
Pharmacy Act), Art. 72 (Amendment of the Student Promotion Act), Art. 76 (Amendment of the
Development Aid Act), Art. 77 (Amendment of the Federal Act on Tasks and Organization of the
Foreign Service - Statute) and Art. 78 (Federal Law on the Granting of Privileges and
Immunities to international organizations) come into force on January 1, 2010.
(2) The penal provisions amended by this federal law are not in criminal matters
in which the judgment was passed in the first instance before their entry into force. After cancellation
a judgment resulting from an appeal for annulment, appeal, resumption or renewal of the
Criminal proceedings or as a result of an objection, however, must be carried out within the meaning of Sections 1 and 61 of the Criminal Code.
Article 96
Entry into force, transitional provisions
(Note: from BGBl. I No. 98/2001, to §§ 22, 23 and 24, BGBl. No. 275/1992)
1. Unless otherwise specified below, the provisions of this section also apply
Effective January 1, 2002.
(Note: Z 2 and 3 concern other legal regulations)
4. Art. 36 no. 2 (section 258 (1) AktG), 39 (exploitation ordinance), 47
(Railway Book Creation Act), 50 (Commercial Register Act), 51 (Reproductive Medicine Act), 55
(GmbH law), 58 (HGB), 61 Z 4 and 5 (§§ 137 para. 1, 142 Cartel Act), 69 Z 7 (§ 186
Notarial Code), 74 Z 3 and 4 (§§ 20, 21 Product Safety Act 1994), 75 Z 9 (§ 57
Lawyers' Code), 80 Z 2 (Section 41 of the Pipeline Act), 81 (Check Act), 83 Z 2 (Section 11 (2)
Tyrolean Real Estate Register Law), 83 no. 2 (§ 11 para. 2 Vorarlberg
Real Estate Land Register Act) as well as 94 Z 4 to 6 and 10 (§§ 199 Paragraph 1, 200 Paragraph 1, 220 Paragraph 1,
448a para. 1 ZPO) apply to actions taken after December 31, 2001
have been.
(Note: Z 5 to 30 concern other legal regulations)