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The medical techniques for artificial fertilization are beeing advanced and developed permanently. Today, many things that one could only dream of 50 years ago are possible. The law is behind this development. The German embryo protection law, for example, is increasingly perceived as antiquated. Austria is even facing the allegation of it’s legal restrictions on artificial fertilization breaching the European Convention on Human Rights. If the Grand Chamber of the European Court of Human Rights sustains a Chamber’s accordant decision, this will lead to extensive consequences not only in Austria, but also in other member States, including Germany. The following remarks attend to this question based on the German prohibition of post-mortem-fertilization.