Probably the most difficult part of infertility treatment for lesbian couples is the legal situation. Laws vary from country to country. Often there is no mention of lesbian couples at all. This also applies to adoption, which is sometimes difficult. I will now tell you about the legal situation regarding artificial insemination, parenthood and adoption in Germany, Austria and Switzerland.

The situation in Germany

The legal situation in Germany is as follows:

1. Artificial Insemination

The extent to which lesbian couples can obtain authorisation for artificial insemination varies greatly from one federal state to another. As mentioned above, Bavaria, Brandenburg, Berlin and Hamburg are 'open' to lesbian couples. However, as lesbian couples are not mentioned in the legal regulations, it is ultimately at the discretion of the clinic.

2. Child custody

When the child is born, custody automatically goes to the biological mother. The partner only gets custody if the child is adopted. The adoption process takes the same time as a normal adoption. However, if you have a known donor and he or she wants custody, this could be a problem.

The situation in Austria

In Austria, the legal situation is as follows:

1. Artificial insemination

Lesbian couples in Austria have access to a variety of fertility treatments, which are also officially licensed. Donations must be open, importation is not allowed. Lesbian couples do not need to be married.

2. Child custody

If you are married at the time of the birth, you will both get custody if you have IVF at the clinic. If you are not married, only the biological mother will initially have custody. However, you can easily apply for custody for your partner by making a joint declaration at the relevant registry office.

The situation in Switzerland

Marriage for all came into force on 1 July 2022 (updated by the editor). Women receive open sperm donation and both mothers are natural mothers and no longer need to adopt stepchildren.