Surrogacy is banned in Austria, § § 2 and 3 Reproductive Medicine, Reproductive Medicine Act as amended, Federal Law Gazette 275/1992.

According to § 137b Civil Code the mother of a child is always the woman who gave birth to the child, that is, the surrogate mother - and not the contractor of the surrogacy.

The child of a (foreign) surrogate mother does not acquire Austrian citizenship under § 7 of the Nationality Act 1985 as amended (Federal Law Gazette 311/1985) from the Austrian contractor of the surrogacy.

Under these circumstances the Austrian representative authorities abroad can therefore not provide an Austrian proof of citizenship nor an Austrian passport, nor issue an Austrian identity card for the child.