13. Who is recognised as the legal parent(s) of a child born following surrogacy?
a. surrogate mother Yes. Mother is the women who gave birth to the child.
b. oocyte donor No
c. sperm donor No
d. intended mother No
e. intended father Yes
14. Do mechanisms exist to transfer parentage from the surrogate mother to the intended parent(s) (e.g. adoption procedures)? Yes. As in any other constellation, however, adoption may take place between the child and the intended parents without any special provision for surrogacy cases.
15. Is the existence of a genetic link required for establishing paternity/maternity? Maternity: no. Paternity: no, the father is the mother’s husband, the man who acknowledged paternity or the male partner of the woman giving birth following ART, always under the condition that he formally consented to the treatment.
16. Are the other parties involved mentioned in the birth certificate or other official document connected to the birth?
a. surrogate mother The mother is the woman who gave birth to the child.
b. oocyte donor No
c. sperm donor No
d. intended mother N/A
e. intended father Yes
17. Are foreign birth certificates in surrogacy cases registered in your country Yes. If there is a genetic link between the parents and the child, the foreign birth certificate is recognized in Austria because of the best interests of the child.