Austria’s government has agreed on a reform of the validity rules for assisted dying declarations, addressing a legal gap that has existed since June 1. The Assisted Dying Act, which came into force in January 2022, allows eligible individuals to end their lives through assisted suicide.
Following a ruling by Austria’s Constitutional Court at the end of 2024, assisted dying declarations currently remain valid indefinitely. The government now plans to reintroduce annual renewals while simplifying the renewal process.
The Constitutional Court struck down a provision that required individuals to repeat the entire application process every year in order to renew a declaration. The court gave lawmakers until June 1, 2026, to revise the law. That deadline has already passed, leaving declarations without an expiration date for the time being.
Annual Validity With Simplified Renewals
A proposal submitted by Justice Minister Anna Sporrer and approved by the Cabinet on Wednesday would make assisted dying declarations valid for one year once again. However, renewals would be possible through a simplified procedure for up to five years after the original declaration.
Under the draft legislation, individuals seeking renewal would need medical confirmation that they remain capable of making decisions, continue to freely and independently wish to end their lives, and still suffer from a qualifying illness under the law.
Renewals could be completed either before a physician or before a documenting authority such as a notary or patient representative. The Assisted Dying Act Amendment 2026 will now undergo public consultation, with the review period ending on June 24.
Advocacy Group Calls for Longer Validity
The need for reform was highlighted in late May by the Society for a Humane End of Life, which, together with private individuals, brought the case before the Constitutional Court. The applicants argued that the required procedures were time-consuming and costly, making it difficult for suffering individuals to access a timely, assisted, and self-determined death.
In May, ÖGHL President Christina Kaneider described the current unlimited validity of declarations as a significant relief for people with progressive illnesses who may not wish to end their lives immediately but want to keep that option available.
She also supported a less complex renewal process and suggested extending the validity period beyond one year.Assisted suicide has been legal in Austria since 2022, following a Constitutional Court ruling that found parts of the criminal code unconstitutional.
To obtain an assisted dying declaration, a person must suffer from either a terminal illness or a serious, long-term condition with persistent symptoms. The illness must permanently affect the person’s daily life and cause suffering that cannot be alleviated by other means.
The initial application requires consultations with two physicians, one of whom must have qualifications in palliative care. The declaration must then be formally documented in writing before a notary or patient representative. A three-month waiting period applies after the first consultation, although it may be shortened to two weeks for individuals with a limited life expectancy.
