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Sperm now available to Lesbian couples in Austria

(Blogmensgo, gay blog 25 January 2014) According to a judgment of the Austrian Constitutional Court published January 17, 2014, sperm donation may legitimately be granted to a lesbian couple as much as a heterosexual couple. Only a "couple of different sex" until now eligible to donate sperm, according to a soon to be obsolete Austrian law.

Austrian flag yet arc-en-ciel - but it will come. :) © Österreich Werbung / Lamm.
Austrian flag yet arc-en-ciel - but it will come. 🙂 © Österreich Werbung / Lamm.


The Constitutional Court, headed by Gerhart Holzinger, believes that sperm donation lesbians couples do not affect the "family protection" and that there was no "serious or particularly compelling reasons" that can prevent such a gift. Homosexual couples "do not substitute for marriage and heterosexual unions, but in addition to them, so they can not threaten them," argues the Austrian Supreme Court.

This volte-face court following a decision of the European Court of Human Rights ( ECHR Decision No. 57813/00 of 3 November 2011). Two pairs of lesbians had assigned Austria before the court in Strasbourg on business LDCs, one of the two couples claiming free access to sperm donation face an Austrian government that forbade them in the name of protecting families.

Austria will therefore amend its legislation on medically assisted procreation (MAP) before the end of December 2014 to allow lesbians to receive sperm from a donor. So far, only a heterosexual couple justifying an inability to procreate without medical assistance could benefit from a sperm donation regardless of marital status (marriage, civil partnerships, cohabitation).

In a mountain hut in Flachau. "For sperm donation, it's all right." © Österreich Werbung / Peter Burgstaller.
In a mountain hut in Flachau. "For sperm donation, it's all right." © Österreich Werbung / Peter Burgstaller.

Another ECHR judgment had forced Austria to amend the law on adoption, so that a woman has the right to adopt the biological child of his companion. Austrian Ministers of Women and Family have both welcomed the recent decision of the Constitutional Court.

Gay, however, still can not use the management to others, the use of a surrogate mother remains illegal in Austria. The country is also opposed to egg donation for couples lesbians, so that "two women can compete Biological maternity of a child."

Comment. Cases of adoption, paternity, maternity and reproductive health are complex and sometimes thorny. Some benefit to mix concepts (ethics, morals, morality, tradition) for religious purposes, politicians or closely bounded. Successes represent only a fraction of what remains to be done.

In Switzerland, a parliamentary committee approved by 16 votes against 7, 16 January 2014, the initiative of Vaud National Councillor Jacques Neirynck to authorize both the donation of sperm egg donation.  Whether the initiative will be passed in the state and if it will give homosexual couples the same rights in relation to heterosexual couples. One thing is certain, the GPA is immediately excluded from the initiative Advisor Neirynck.

And France? The French government for months considering a draft law on adoption and family who gave birth to nothing (voluntary amphibology). The grounds that it must analyze each case and each effect, each piece and each culminating each principle and its opposite, the reflection is lost baffles and takes on the appearance of a large sitting unraveling.

Urwicz Alexander, president of the Association of LGBT families ( ADFH ) explained January 7, 2014, in a ticket vitriol , what reflection French medical supposedly the subject is grotesque and - let's be clear - homophobic.

The Urwicz argument cites the Physiology of Marriage (full quote is "Manners are the hypocrisy of nations hypocrisy is more or less perfected."), in my opinion one of the very best books of Balzac. But soon after, Alexander Urwicz invokes the Hippocratic Oath - forgetting that this text certainly founder prohibited originally a right as fundamental as abortion.

This article has been translated from our French blog.  To view the original, click here.

Philca & Matt / MensGo (via Le Monde on January 18 [Austria], Tribune de Genève 18 January [Switzerland] andBlogs.mediapart.fr of January 7, 2014 [France])




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