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Assisted Reproduction in the Shadow of the Past

In a recent decision, the Austrian Constitutional Court held that excluding women in stable same-sex relationships from access to sperm donation violates the right to respect of private and family life as protected by the European Convention of Human Rights. An undifferentiated limitation of all forms of medically assisted reproduction to heterosexual couples must be justified by ‘particularly convincing and weighty reasons’, as required by ECtHR case law, which did not exist in the present case. Whereas this judgment is remarkable in condemning discrimination against a lesbian couple – for once without a nudge by Strasbourg – its reach is rather limited; importantly, it does not challenge a wide range of problematic biologist assumptions underlying the Austrian Reproductive Medicine Act of 1992.