Co-motherhood in Austria is catching on!
This is a real turning point for lesbian women in Austria. Because: The Austrian Constitutional Court has decided that from now on co-maternities must be recognized.
This means that if a woman is in a registered partnership or marriage with another woman who has just had a child at the time of the birth, she must be recognized as the second parent.
The fact that the child was conceived with the help of modern medicine must no longer play a role here in Austria in the future.
How did the new law around co-maternities in Austria come about?
The queer community in Austria is rejoicing. Because: With regard to co-maternities, everything will be different here in the future. According to a ruling of the Austrian Constitutional Court, the old procedure violated the principle of equality and at the same time the right to family life.
At the same time, the previous status quo was deemed "unconstitutional". However, it will be some time before everything is re-evaluated and before co-mothers and their families can fully benefit. The provisions will not be repealed until December 31 next year.
Those responsible will then have until that time to work out the new regulations.
How have surrogate mothers been discriminated against in Austria in the past?
Co-mothers were disadvantaged in Austria compared to heterosexual partners with regard to the recognition of parenthood. This is because: In the context of heterosexual couples, it was completely irrelevant for paternity how the couple had procreated.
Or, in other words, it was or is irrelevant whether the child was conceived in the traditional way or on the basis of artificial insemination. This means that same-sex women - at least until now - were often at a disadvantage compared to heterosexual couples. But this is now to be a thing of the past.
Ultimately, the goal is also to better protect the families in question and make their everyday lives easier. Thus, the interests of the child should also be emphasized.
What are the opportunities for two women to become parents?
This is certainly a legitimate question. After all, anyone who has not yet dealt with the subject in depth is likely to almost always refer exclusively to the aforementioned "modern medicine" and thus to artificial insemination.
However, those who also find this approach too "impersonal" have the option, for example, to rely on the benefits of home insemination... And even include it in lovemaking.
But this is exactly what has been a problem now for a very long time. With the new law, women who opt for said insemination, for example, are now equal to women who have relied on artificial insemination (and heterosexual couples).
What is the situation around co-motherhood in Germany?
Not only in Austria there is a lively discussion about how the topic of co-motherhood should be dealt with in the future from a purely legal point of view.
However, nothing has really been decided yet (unfortunately). At least large parts of the coalition seem to agree. They are calling for both women to be automatically recognized as legal mothers if nothing else has been agreed.
However, for the whole thing to be finalized, it needs the approval of the German government, among others. Although the government has not made a fundamentally negative statement, it has not yet decided anything.
However, the demand of the community is clear ... And was again this year at numerous CSDs.