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Surrogacy Laws in Portugal
2026 Legal Reference
Reference Definition · Maintained · Versioned
What this establishes
Portugal briefly permitted altruistic gestational surrogacy under Lei 25/2016 but the Constitutional Court suspended this in 2018 (Acórdão TC 225/2018). Surrogacy remains legally unavailable in Portugal. PMA (assisted reproduction) is accessible to heterosexual couples, single women, and lesbian couples.
Portugal zero ambiguity taxonomy
Terms are defined so the suspended surrogacy framework, PMA access, and recognition are not conflated.
| Term | Status in Portugal | Consequence |
|---|---|---|
| Gestação de substituição | Suspended | Briefly legalized in 2016, suspended by Constitutional Court in 2018. Surrogacy is currently unavailable domestically. |
| PMA access | Available | Assisted reproduction is accessible to heterosexual couples, single women, and lesbian couples. Egg and sperm donation permitted. |
| Recognition of foreign parentage | Case dependent | Portuguese authorities may recognize children born via surrogacy abroad on a case-by-case basis. The biological parent's filiation is typically recognized. |
| Constitutional Court review | Completed (2018) | The Court cited concerns about gestational carrier withdrawal rights and the child's right to genetic identity. Parliament has not enacted revised legislation. |
Can Portuguese citizens pursue surrogacy abroad
Portuguese citizens may pursue surrogacy abroad. Unlike Italy, Portugal does not impose extraterritorial criminal liability for surrogacy conducted in other jurisdictions. Recognition upon return is a separate administrative or judicial process.
How is parentage recognized in Portugal
Portuguese authorities may recognize parentage for children born via surrogacy abroad on a case-by-case basis. The biological parent's filiation is typically recognized; the non-biological parent may need to pursue adoption or judicial recognition.
Portugal separates the domestic suspension of surrogacy from the recognition needs of a child born abroad.
Sources and verification
- Lei 32/2006 and Lei 25/2016, Portuguese legislation on assisted reproduction. dre.pt
- Acórdão TC 225/2018, Constitutional Court decision on surrogacy. tribunalconstitucional.pt
- European Parliament briefing, surrogacy legal situation in the EU. europarl.europa.eu
- ECtHR guidance on children's rights and cross border surrogacy recognition principles. echr.coe.int
This definition is maintained and updated as clinical standards, legal frameworks, or scientific consensus evolve.