Since August, Portugal is one of the few European countries to have legislation on surrogacy. In some countries like France, Italy or Spain, this process is forbidden, while the law varies among other European countries where it’s legal.
Who is eligible?
Heterosexual couples and lesbian couples.
What are the main requirements?
Surrogacy is only legal when women suffer from a medical condition that leaves them permanently incapable of becoming pregnant, for instance, when the woman doesn’t have an uterus.
All the process of surrogacy can only happen on a voluntary basis. It is punishable by law to pay or being paid for surrogacy, except for the expenses involved in the process. The surrogate won’t have any right over the child once it’s born.
The conception via assisted reproductive technology must involve gametes from at least one of the members of the couple requesting the surrogacy. Surrogates cannot be a donor for the process of surrogacy involving themselves.
Foreigners and surrogacy in Portugal
Having Portuguese citizenship or living in Portugal are not requirements for surrogacy, which means foreigners, both the couple and the possible surrogate, can come to the country and undergo the process just like any Portuguese citizen. However, all the process of Assisted Reproductive Technology (ART) must be done in Portuguese centers and the contract signed between the couple and the surrogate must be written in Portuguese.
Further reading: Surrogacy in Portugal – Part 2: The Process