Same-Sex Marriage in Austria: History, Rights, and How to Get Married

Same-Sex Marriage in Austria: History, Rights, and How to Get Married Same-sex marriage in Austria has been legal since 1 January 2019. Learn about the history, legal rights, procedure, adoption, and tax benefits for same-sex couples. Topics: Daily Life, Leisure & Culture.

Same-sex marriage in Austria has been legal since 1 January 2019. The Constitutional Court (Verfassungsgerichtshof) struck down the ban on 4 December 2017, making Austria the 15th country in Europe and the 24th worldwide to legalise same-sex marriage. Before that, same-sex couples could only enter registered partnerships (Eingetragene Partnerschaft) since 2010, which provided many — but not all — of the rights of marriage.

This guide covers everything you need to know about same-sex marriage in Austria: the history of marriage equality, the legal rights and obligations, the step-by-step procedure for getting married, adoption and parenthood for same-sex couples, tax benefits, and the key differences between marriage and registered partnership.

The Road to Marriage Equality in Austria

The journey toward same-sex marriage in Austria was a gradual process spanning nearly two decades. In 2003, the European Court of Human Rights ruled in Karner v. Austria that unregistered same-sex couples should receive equal treatment in certain areas.

On 1 January 2010, the Registered Partnership Act (Eingetragene Partnerschaft-Gesetz, EPG) came into force. For the first time, same-sex couples could formally register their relationship — though with different rights than heterosexual married couples. Over 60 differences existed between marriage and registered partnership, including the right to a common family name.

A major milestone came in 2016, when the Constitutional Court legalised full joint adoption for same-sex couples. This removed one of the key arguments for maintaining separate legal institutions. As Der Standard reported, this was the prelude to full marriage equality.

The Landmark Constitutional Court Ruling of December 2017

The decisive breakthrough came on 4 December 2017. The Constitutional Court (VfGH) ruled that different regulations for opposite-sex and same-sex couples violated the principle of equal treatment (Article 7(1) of the Federal Constitutional Law) and struck them down effective 31 December 2018.

In its ruling (G 258/2017), the Court argued that the differences between marriage and registered partnership had diminished over time. The remaining difference in marital status — ‘married’ versus ‘in a registered partnership’ — forced same-sex couples to disclose their sexual orientation even in situations where it was irrelevant. As noted by the Constitutional Court on its official website, this created a discriminatory effect.

Austria became the first country in Europe where a constitutional court opened marriage to same-sex couples by judicial ruling — in all other European countries, marriage equality was achieved through legislation.

The distinction of the law between opposite-sex and same-sex relationships as two different legal institutions violates the principle of equal treatment, which forbids any discrimination of individuals based on personal characteristics such as sexual orientation.

— Austrian Constitutional Court, Ruling G 258/2017, 4 December 2017

The First Same-Sex Wedding in Austria

At exactly 00:05 AM on 1 January 2019, the first two women said ‘I do’ in Velden am Wörther See — the first same-sex marriage in Austria. The registry office had opened specially at midnight for this symbolic moment.

In the first days and weeks after the opening, hundreds of weddings followed across the country. In Vienna, same-sex couples married in district registry offices, many decorated with rainbow flags. Particularly emotional were the weddings of long-term couples who had waited 20 years or more for this moment.

Since 1 August 2019, same-sex couples can also marry in Austria when one partner comes from a country where same-sex marriage is not legal. This change was necessary because international private law initially created legal uncertainty.

Rights and Obligations of Same-Sex Marriage

Since the opening, same-sex married couples in Austria have the same rights and obligations as opposite-sex couples. These include:

• Common surname — spouses can choose a shared family name
• Maintenance obligation — mutual financial responsibility
• Inheritance rights — statutory inheritance for the surviving spouse
• Tax benefits — joint assessment and tax class advantages
• Social insurance — co-insurance in the health insurance system
• Pension entitlements — survivor’s pension and pension splitting
• Residence rights — facilitated family reunification for foreign spouses
• Adoption rights — full joint adoption rights

The only remaining distinction is a formal one: the law continues to differentiate between marriage (open to all) and registered partnership (also open to all since 2019). In practice, same-sex couples overwhelmingly prefer marriage.

Procedure: How Do Same-Sex Couples Get Married in Austria?

The wedding procedure for same-sex couples is identical to that for any other couple. Both partners must be at least 18 years old (16 with parental consent). There are no residency or nationality requirements — foreign couples can marry in Austria as well.

The process involves these steps:

1. Registration for marriage — Submit your application at any Standesamt (registry office) in Austria. This should be done about six months before your desired wedding date, as the marriage capacity certificate is valid for a maximum of six months.
2. Submit documents — Provide passports or ID cards, birth certificates, and for foreign nationals, a certificate of marriage capacity (Ehefähigkeitsbescheinigung) where required.
3. Marriage capacity review — The registry office checks that no legal impediments to marriage exist. In larger cities, this process takes two to six weeks.
4. Wedding ceremony — The civil ceremony takes place on your chosen date. Austria no longer requires banns of marriage (public announcements).
5. Marriage certificate — After the ceremony, you receive your marriage certificate. An extract from the Central Civil Register can also be accessed online with ID Austria.

As oesterreich.gv.at confirms, same-sex couples can marry in Austria even if one partner comes from a country that does not recognise same-sex marriage.

Same-Sex Marriage and Adoption

Full joint adoption rights for same-sex couples have been in place in Austria since 2016, when the Constitutional Court struck down the restricting legislation. Today, same-sex married couples can:

• Jointly adopt — adopt a child together from the outset
• Stepchild adoption — adopt the biological child of their spouse
• Become foster parents — take a child into their care as a foster family

In practice, adoption by same-sex couples in Austria is handled by the child and youth welfare authorities of each federal state, with the best interests of the child as the primary consideration, just as with opposite-sex couples. Prejudices based on sexual orientation have significantly declined in recent years.

Co-Motherhood and Parenthood

A particularly important area for lesbian couples is co-motherhood. Following a landmark Constitutional Court ruling on 30 June 2022, the requirements for establishing parenthood for same-sex partners must not be stricter than those for opposite-sex partners. In concrete terms: when a married lesbian couple has a child, the spouse of the biological mother is automatically recognised as the legal parent — analogous to the paternity presumption for heterosexual married couples.

As reported by EAPIL, the Constitutional Court rejected the Federal Government’s objections that unequal treatment was justified. This decision was another important step toward full equality.

For male same-sex couples, surrogacy remains prohibited in Austria, as it is for heterosexual couples. The path to parenthood here leads through adoption or foster care.

Registered Partnership vs. Marriage: What’s the Difference?

Since the opening of marriage to same-sex couples and the opening of registered partnership to opposite-sex couples (both since 1 January 2019), both relationship types are available to all couples. In practice, the picture is clear:

• Same-sex couples overwhelmingly prefer marriage
• Opposite-sex couples rarely choose registered partnership

According to Statistik Austria, in the five years from 2019 to 2023, a total of 1,712 male couples and 2,105 female couples married. In 2022, 791 of the 47,482 marriages in Austria were same-sex. The number of same-sex marriages has been rising steadily since 2019.

Registered partnership offers virtually the same rights as marriage, with one exception: the status difference remains — ‘married’ vs. ‘in a registered partnership’. For most couples, marriage is therefore the preferred choice.

Same-Sex Marriage and Residence Rights for Foreign Partners

A particularly important benefit of same-sex marriage is the facilitated residence right for foreign spouses. If one partner is an Austrian citizen or holds a valid residence permit, the foreign spouse receives a ‘Family Member’ residence permit under § 47 of the Settlement and Residence Act (NAG).

This is especially relevant for binational same-sex couples where one partner comes from a country that has not legalised same-sex relationships. Thanks to the Austrian regulation since August 2019, these couples can still marry in Austria and build a life together. Austrian residence law fully recognises same-sex marriage.

Tax Benefits of Marriage for Same-Sex Couples

Getting married brings significant tax advantages for same-sex couples in Austria. Like opposite-sex married couples, they can:

• Choose joint assessment — if incomes differ, this can lead to a lower overall tax burden
• Utilise tax class benefits — particularly advantageous for families with children
• Receive inheritance and gift tax exemptions — spouses are exempt from gift tax
• Claim child maintenance payments as tax deductions

The Family Bonus Plus and tax deductibility of childcare costs are also equally available. As the Austrian Economic Chamber (WKO) emphasises, tax regulations are identical for all married couples, regardless of sexual orientation.

Social Acceptance and Statistics

Public acceptance of same-sex marriage in Austria has grown significantly in recent years. According to surveys, over 70% of Austrians support marriage equality (as of 2025). Acceptance is particularly high in larger cities like Vienna, Graz, Linz, and Salzburg, while slightly lower in rural areas.

Austria, with approximately 8,000 same-sex couples who have legally formalised their relationship through marriage or registered partnership (as of end of 2023), sits in the European average. An interesting observation: as noted by the QWIEN Centre in a study for the Federal Ministry of Justice, female couples outnumber male couples in both marriages and registered partnerships — a trend observed internationally.

The annual Vienna Pride Festival and Regenbogenparade (Rainbow Parade) attract tens of thousands of visitors and demonstrate the growing visibility and acceptance of the LGBTQ+ community in Austria. In the workplace, neighbourhoods, and everyday life, same-sex couples are now widely accepted.

Frequently Asked Questions

Since when is same-sex marriage legal in Austria?

Same-sex marriage has been legal since 1 January 2019. The Constitutional Court struck down the ban on 4 December 2017, with the ruling taking effect on 1 January 2019.

Can foreign same-sex couples marry in Austria?

Yes. There are no residency or nationality restrictions. Since August 2019, same-sex couples can marry in Austria even if one partner comes from a country that does not recognise same-sex marriage.

Do same-sex married couples have the same rights as heterosexual couples?

Yes. Since marriage equality, same-sex married couples have the same rights and obligations as opposite-sex couples, including adoption rights, tax benefits, inheritance rights, and residence rights for foreign spouses.

What is the difference between registered partnership and marriage?

Legally, both institutions are nearly identical and both are open to all couples since 2019. The main difference lies in the status designation: ‘married’ vs. ‘in a registered partnership’. Same-sex couples today overwhelmingly prefer marriage.

Outlook: The Future of Same-Sex Marriage in Austria

Austria took a major step toward legal equality by opening same-sex marriage in 2019. Since then, the Constitutional Court has deepened equality in several rulings, most recently in 2022 on co-motherhood. Nevertheless, challenges remain:

• Recognition abroad is not always guaranteed — especially in countries that do not recognise same-sex marriages
• The ban on surrogacy affects same-sex couples disproportionately
• Social acceptance in rural areas still has room for improvement

For same-sex couples who wish to marry in Austria, the process is now clear and non-discriminatory. Subscribe to our newsletter to stay informed about the latest developments regarding equality in Austria.