Surrogacy is regulated in Portugal since August. While the country puts no restriction based on nationality, the process has multiple requirements and must always happen on a voluntary basis.
For an introductory part and requirements for surrogacy, check Part 1 of this article.
The process of surrogacy requires a previous authorization by the Portuguese National Council for Assisted Reproductive Technology (Conselho Nacional da Procriação Medicamente Assistida – CNPMA).
The couple requesting surrogacy must deliver their application to the CNPMA in order to be “pre-approved”. The application includes a set of documents, like the contract to be signed between the couple and the surrogate, a declaration by a psychiatrist or psychologist approving the request, a medical declaration from the Assisted Reproductive Technology (ART) center confirming that the woman’s impossibility to get pregnant and explaining the reproductive technique to be used, among other documents. Extra information and documents may be asked by the CNPMA at any moment during the process.
The CNPMA must provide their decision on the request within 60 days. The decision is taken on a case-by-case scenario. CNPMA will also request the opinion of the Medical College (Ordem do Médicos), though it is not binding. The Medical College will also have 60 days to provide their saying on the matter. The process goes back to the CNPMA who will accept or reject it, within 60 days.
If accepted, the process of ART must follow the same guidelines for any couple attempting ART without using surrogacy.
At the moment, there is only one request for surrogacy that has been pre-approved by the CNPMA – a heterosexual couple whose surrogate will be the mother of the female member of the couple.
Should you need addtional information on ART in Portugal, click to contact us at Medical Port.