According to the Constitutional Court (VfGH), the blanket ban on freezing eggs without medical reasons is disproportionate and therefore unconstitutional. Possible social pressure on women is not a sufficient reason for the ban, nor would “social egg freezing” give rise to any ethical problems. As several new rules are necessary to implement this, the ban will not be lifted until April 1, 2027, the VfGH announced on October 21, 2025.

The VfGH had deliberated on the issue in June. According to the Reproductive Medicine Act, egg cells may currently only be removed for future medically assisted pregnancy if “a physical condition or its treatment in accordance with the state of medical science and experience poses a serious risk that pregnancy can no longer be achieved through sexual intercourse.”

“The desire to have a child and therefore to use a natural or medically assisted method of reproduction is, according to the European Convention on Human Rights (ECHR), ‘part of private life and thus a fundamental right,’” the Constitutional Court stated. It may only be restricted if, for example, it is necessary to protect the health or rights of others.
“For us, this is a very positive decision. It simply recognizes social reality,” Andreas Obruca, president of the Austrian IVF Society (in vitro fertilization), told Der Standard. The current Reproductive Medicine Act dates back to 1992.

Der Standard pointed out that single women are currently prohibited from undergoing fertility treatment in Austria. The end of the ban on social egg freezing will allow all women to freeze their eggs in the future. However, the Constitutional Court's decision does not regulate whether single women can use these eggs later to fulfill their desire to have children.

© orf.at 22.10.2025