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READER QUESTIONS

Reader question: Is abortion legal in Austria?

With the debates on women's rights again in the spotlight worldwide, readers in Austria have asked what the rules are in the alpine country.

People enjoying the sun at the Danube canal in Vienna, Austria on Thursday May 5
People sit in the sun at the Danube canal in Vienna, Austria on May 5, 2022. (Photo by JOE KLAMAR / AFP)

The leaked US Supreme court draft document that shows the highest court in the United States is now in favour of overturning the ruling, known as Roe v Wade, which made abortion legal across the country, has brought the issue of reproductive rights back to the centre stage worldwide.

Austria has been put particularly in the spotlight, as Reuters reported that a company headquartered in the country has seen a spike in interest from American women this week.

The company, nonprofit Aid Access provides prescription pills used to terminate pregnancies at home and sends them by mail.

To get around restrictions in some US states, the Austrian-headquartered company works with European doctors who prescribe the abortive pills for patients using a mail-order pharmacy in India.

READ ALSO: Violence against women in the spotlight in Austria after horrific killings

While women in many countries need to go through such schemes or even resort to illegal and dangerous abortion clinics, rules in Austria, where abortion has been legal since 1975, make the procedure much safer for women.

Is abortion legal in Austria?

It is decriminalised. Since 1975, optative abortion is not a crime in Austria. Women can discontinue a pregnancy per choice within the first three months – before the 16th pregnancy week, counting from the date of the last menstrual period.

Women must go through a consultation with a doctor, but they don’t have to disclose the reasons for the abortion. Instead, the consultation will usually decide which abortion method is better for the patient’s case.

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The so-called “late abortions”, after 16 weeks, are possible in some instances.

These include if there is a severe danger to the mental health, physical health, or the life of the pregnant woman; if the child is expected to be born with severe mental or physical disabilities; or if the woman was under 14 years of age when she became pregnant.

Teenage pregnancy

Girls in Austria can give their own consent to an abortion from the age of 14. However, some hospitals in Austrian provinces would still require a legal guardian’s consent for minors.

The consent of a legal guardian is also necessary if the adolescent is not legally capable of giving consent (for example, as a result of a learning disability), according to Austrian authorities.

If the girl is under the age of 14, then the consent of a parent or legal guardian is always required before an abortion can be performed.

What are the methods available in Austria?

Women who have decided to have an abortion can do so with a surgical method (usually suction, but curettage is also possible in some cases) or using drugs. This will usually depend on how far along with the pregnancy she is and is decided together with a doctor.

READ ALSO: Does Austria have a problem with violence against women?

The surgical option can be done either in a hospital or an outpatient clinic, with general or local anaesthesia. It is a safe surgical procedure, and women are usually discharged after a few hours.

With a drug-based abortion, doctors use the Mifegyne pill, which has been approved in Austria since 1999 and is considered a very safe and reliable method, especially in early pregnancy. However, the drug must be taken in the presence of a doctor or after written medical order.

Where can women go to get information on abortion?

For information or to get the procedure, women can go to general practitioners, gynaecology clinics, special abortion ambulatory clinics, and gynaecological departments of hospitals.

There are also advice institutions such as family counselling centres and women’s health centres that women can visit to get more information.

Austria has many private women’s clinics that offer advice, do the procedure in a safe environment, or just provide implantation and recommendation for contraception methods.

Most of them will see people seeking abortions without a previous appointment, on short notice, and even on weekends. Most clinics have doctors and receptionists who speak English. They don’t require women to give much personal details or be Austrian citizens or residents.

Who pays for the costs of an abortion?

Optional abortions are not covered by social insurance in Austria and must be paid privately. Costs can range from €550 to €915 for a surgical abortion in Vienna or €535 to €560 for the pharmacological option in the capital.

The costs of abortion will only be covered by social insurance if the abortion is necessary for medical reasons.

READ ALSO: Austria’s top court legalises same-sex marriage

Some municipalities offer financial support through the social welfare office of district authorities, subject to certain conditions.

Is the morning after pill allowed?

Yes. Emergency contraception is not free, though, but can be bought without a prescription in pharmacies or in women’s clinics, which usually open late.

What is “anonymous birth”?

In Austria, there is also the legal possibility of giving birth anonymously, free of charge, in any hospital. The Youth Welfare Office becomes the child’s legal guardian as it is adopted by parents in the system.

This is legal in Austria, and women can follow the route without concern for criminal prosecution – they also don’t need Austrian health insurance or residency. After the birth, women have six months to change their minds and revoke the decision to give up the child.

There are also hospitals in Austria that anonymously care for and receive babies. In addition, mothers can anonymously inquire about the child’s condition anonymously and change their minds in six months before the child is released for adoption.

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AUSTRIAN CITIZENSHIP

Reader question: Does Austria allow me to have multiple citizenships?

The issue of multiple citizenships in Austria is complex, with many myths surrounding the subject.

Reader question: Does Austria allow me to have multiple citizenships?

Austrian citizenship regulations are based on the principle of “jus sanguinis” (right of blood), meaning that individuals can acquire citizenship through their descent or family connections. 

The laws are different for those acquiring citizenship through a naturalisation proceeding, as the process typically involves meeting specific criteria, including residency requirements, language proficiency, and passing a citizenship examination. 

READ ALSO: How foreigners in Austria can get fast track citizenship

However, one common question regarding Austrian citizenship is whether the country allows dual or multiple citizenships. A common myth is that children who are born to an Austrian and a foreign parent will have to choose between the nationalities once they turn 18.

This misconception comes from the very strict laws Austria has on naturalisation. According to the federal government, “Austrian citizenship law does not permit dual or multiple citizenship”. However, this information is for Austrian citizens who voluntarily acquire foreign citizenship or foreign citizens who naturalise Austrians. 

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In the first case, the Austrian citizen will generally lose their Austrian citizenship, while in the second case, the foreign citizen is asked to give up their previous nationality in order to become Austria.

The government is clear on an “important exception to this principle”, the acquisition of citizenship by descent. Here’s the specific information from another official government site:

“If, in the case of parents of different nationalities (Austrian and another), the principle of descent also applies in the country of origin of the foreign parent, the child is a dual citizen. According to Austrian law, the child does not have to decide on nationality when they reach the age of majority – however, it may be that the other state requires a decision,” the website states.

The child can keep their nationality acquired at birth as long as the other states allow it. So, for example, if the mother is Austrian and the father is Serbo-Croatian, the child holds three nationalities and can keep all of them throughout their entire life. 

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How can someone lose Austrian citizenship?

Austrian citizenship is not automatically granted for life, and there are circumstances in which an individual may lose it. Here are some situations in which someone may lose Austrian citizenship:

  • Acquisition of foreign nationality: If a person deliberately acquires the nationality of another country without applying for and being granted retention of Austrian citizenship, they may lose their Austrian citizenship.
  • Voluntary military service in a foreign state: Engaging in military service voluntarily for a foreign country can result in the loss of Austrian citizenship.
  • Harming the interests or reputation of the Republic of Austria: If an individual’s actions are deemed detrimental to the interests or reputation of Austria, it may lead to the loss of Austrian citizenship.
  • Failure to renounce previous citizenship: When someone obtains Austrian citizenship but fails to give up their previous one within two years, they may lose their Austrian citizenship.

READ ALSO: Could Austria change the rules around dual citizenship?

It’s important to note that the specific conditions and procedures for losing Austrian citizenship may vary, and individuals should consult the relevant Austrian laws and authorities for precise information in their particular situation.

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