Viennese woman sues: Is social egg freezing unconstitutional?

Viennese woman sues: Is social egg freezing unconstitutional?

In Austria, the legal regulation on egg freezing is in jeopardy. The Constitutional Court (VfGH) will hold a decisive public hearing on the Reproductive Medicine Act (FMedG) in Vienna on June 13, 2025. The background to this negotiation is the existing legal ban on so-called “social egg freezing”, which denies single women access to these opportunities unless they have medical reasons.

Currently, women in Austria are only allowed to 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 eggs frozen if there is a medical indication. Precautionary reasons, such as late desire to have children or career planning, are not sufficient. An applicant who is healthy and currently has no desire to have children has appealed to the Constitutional Court to take action against this regulation.

The plaintiff and her arguments

The woman from Vienna sees her fundamental rights violated and is calling for the corresponding provision of the Reproductive Medicine Act to be repealed. 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 her chances of becoming pregnant later. Your application was directed against Section 2b Paragraph 1 FMedG, which only allows the removal and storage of eggs if there is a serious risk of pregnancy.

The applicant emphasizes that she plans to have children in the future and would therefore like to have eggs removed and frozen. However, due to the current legal situation, she sees no possibility of taking preventive measures to improve her chances of becoming pregnant. She criticizes the fact that it is unclear what public interest the legislature is pursuing with this ban.

Public hearing and expectations

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

The legal framework and the current debate surrounding the Reproductive Medicine Act raise essential questions about the self-determination and equality of women. A social discussion about the role of the state in reproductive self-determination is urgently needed.