Surrogacy in Portugal – Part 2

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

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.

 

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Surrogacy in Portugal – Part 1

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

 

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