In 2016, surrogacy was legalized in Portugal. Discussions on the adoption of this law lasted more than 3 years. The first version of the law was adopted May 13, 2016, but the president vetoed it. He demanded that the law contained rights and obligations of all participants in the process of surrogacy. As a result, the text of the law has been updated, and now surrogacy is legalized and regulated by law in Portugal.
The basic rules of the law on surrogacy in Portugal
- Use the surrogacy services can only those couples, where the woman can not carry and give birth to a child for medical reasons. This should be documental confirmed.
- Surrogate motherhood should be altruistic, the woman who agrees to carry and give birth to a child, shouldn’t pay for services.
- The written agreement must be necessarily issued between the surrogate mother and the genetic parents. The rights and obligations of the parties as well as their actions in cases of force majeure should be included in it.
- After the birth, parental rights over the child belong to the genetic parents.
According to the law, the surrogate mother is a woman of child-bearing age who agrees to carry and give birth to a child for the genetic parents, and she doesn’t lay claim to be his mother.
Some situations that give the right for a surrogate mother to be genetic.
- If the future adoptive mother is barren.
- If the child is brought up by a single father.
- If the child is brought up by a gay couple.
Adoption of the law caused a stormy discussion of the Portuguese Church. Its representatives condemn surrogacy and insist the infertile couples to adopt children.
Couples can be calm when they decide to become parents via surrogacy. Now all the risks of the program are provided and regulated by law (for example, the occurrence of developmental defects of the baby, miscarriage or abortion).