Viennese woman complains: is social egg freezing unconstitutional?

Viennese woman complains: is social egg freezing unconstitutional?

In Austria, the legal regulation for freezing egg cells is on the brink. The Constitutional Court (VfGH) will carry out a decisive public negotiation for the reproduction medizing network (FMedG) on June 13, 2025. The background of this negotiation is the existing legal ban of the so -called "social egg freezing", which refuses to access these options, unless you have medical reasons.

Currently women in Austria can only freeze eggs for medical reasons, for example if they are affected by diseases such as endometriosis or have to undergo chemotherapy. Women in relationships can also only have egg cells freezing if it is a medical indication. Prevention reasons, such as late child wishes or professional life planning, are not sufficient. An applicant who is healthy and currently has no wish to have children called the VfGH to act against this regulation.

the applicant and her arguments

The woman from Vienna sees her fundamental rights violated and demands that the reproductive medical law be determined. She argues that the ban violates the right to respect for private and family life (Article 8 of the European Convention on Human Rights, ECHR) and significantly reduces its chances of later pregnancy. Your application was directed against Section 2b (1) FMedG, which only allows the removal and storage of egg cells in the event of serious danger to pregnancy.

The applicant emphasizes that she is planning to get children in the future and therefore want to remove and freeze egg cells. Due to the current legal situation, however, it sees no way to take preventive measures to improve her chances of pregnancy. She criticizes that it is unclear what public interest the legislature is pursuing with this ban.

public negotiations and expectations

The negotiation on June 13, 2025 is scheduled to take place at 9:30 a.m. and is public. Interested listeners have to register at 12:00 p.m. by June 6, 2025, as well as media representatives who have to accredit themselves. The VfGH has already announced that exciting arguments can be expected. The decision could be announced a few days or weeks after the negotiation, which has great relevance in the discussion about the rights of single women and their possibilities of family planning.

The legal framework and the current debate about the reproductive medication law raise essential questions about self -determination and equality of women. A social discussion about the role of the state in reproductive self -determination is urgently required.