International surrogacy program with childbirth in Portugal

Read time: 6 minutes

Author: Vladyslav Feskov

Feb 04, 2017

In 2026, interest in international surrogacy programmes continues to grow, particularly among couples from countries with restrictive legislation, such as Spain.

Amid legal uncertainty in a number of European countries, intended parents are increasingly seeking safe and legally sound solutions outside their own country. One such approach is a combined strategy involving multiple jurisdictions, which helps to minimise risks and ensure legal protection for the family. In 2026, programmes involving birth in Portugal are attracting particular attention, as they combine medical expertise with more flexible conditions for registering newborns.

The desire to become happy parents has no nationalities or borders. And the Spanish are no exception. But surrogacy is prohibited in Spain. Therefore, couples who have problems with the birth of a child pay attention to other countries with more loyal legislation. However, the Spanish government authorities are well aware of the states that allow surrogacy. Therefore, officials are suspicious of families with newborns entering from such countries. And obtaining documents for children born in these states is almost always problematic in Spain.

Based on this, it makes sense to look for countries for childbirth where such restrictions do not apply. The closest such country to Spain is Portugal, both in terms of geographical location and cultural traditions. Is it possible to find a surrogate mother in Portugal for a service that is acceptable? Surrogacy Portugal is a topic that has attracted attention from intended parents worldwide. Understanding the nuances of surrogacy in this European nation is crucial for those considering this path to parenthood. In this comprehensive guide, we'll delve into the world of surrogacy in Portugal, addressing key questions and providing valuable insights.

Surrogacy in Portugal – legal specificities

One of the primary concerns for intended parents exploring surrogacy options is the legality of the process. Is surrogacy legal in Portugal? Yes, but with restrictions. The legal framework aligns with the country's emphasis on ethical surrogacy arrangements. The Portugal surrogacy law emphasizes the importance of altruism in surrogacy arrangements, ensuring that the well-being of the child and the surrogate mother remains at the forefront of the process. Cost of surrogacy in Portugal is a significant factor in the decision-making process for intended parents. Compared to some other European countries, surrogacy in Portugal can be more affordable, primarily due to Portugal surrogacy law. While this limits financial arrangements with surrogate mothers, it can result in lower overall expenses. The legal situation with surrogacy in Portugal has remained unregulated for 15 years. On the one hand, the Government adopts rather friendly laws, and on the other hand, the Constitutional Court cancels these initiatives as contrary to the Constitution.

In Portugal itself, you will not find a single commercial surrogacy clinic. This is because, according to the law (Lein.º 25/2016, de 22 deagosto and Decreto Regulamentar n.º 6/2017, de 31 de julho), only altruistic surrogacy is possible in Portugal. It can be used by Portuguese and foreign heterosexual couples who are married for strict medical reasons (for example, the absence of a uterus). Surrogate mother Portugal refers to a woman who voluntarily carries a child for intended parents. Surrogate mothers in Portugal are motivated by compassion, and a desire to help others create families. Any payment of the price of a surrogate mother in Portugal, as well as intermediary activity, entails punishment and even imprisonment for up to 2 years.

A number of restrictions prevent the use of surrogacy in Portugal:

1. A surrogate mother in Portugal must only be a relative or close friend of the spouses. The process of surrogacy in Portugal is allowed with the help of IVF with the genetic material of at least one future parent.

2. Prohibition of donation anonymity. Upon reaching the age of 18, the child has the right to know all the circumstances of his birth. This leads to a long and costly search for a suitable donor, since not all candidates want to reveal themselves.

3. The spouses must apply for permission to the National Council for Childbirth (Conselho Nacional de Procriação Medicamente Assistida, CNPMA). This body issues a permit to conclude a surrogacy agreement within 3 to 6 months.

But, already in April 2018, the Constitutional Court, in accordance with Resolution 225/2018, canceled some provisions of the Law 25/2016. And also, in July 2019, the amended provisions were again declared unconstitutional. Therefore, it can be said that there is no clear legal framework for the regulation of surrogacy in Portugal. In many surrogacy arrangements, intended parents may require the use of donated eggs. Egg donation Portugal is an essential component of assisted reproductive technologies in the country. Egg donors in Portugal typically undergo thorough screening processes to ensure the health and genetic compatibility of donated eggs.

Surrogacy in Portugal

On this basis, the Spanish public services have no legal basis to restrict the registration of children born in Portugal.

After analysing all the information, we can conclude that surrogacy in Portugal is possible. This offers the possibility of having a healthy child in this beautiful country on the shores of the Atlantic Ocean, the westernmost in Eurasia, while avoiding lengthy legal proceedings and reducing the risk of setbacks during medical procedures. This is possible through international Ukraine - Portugal surrogacy programmes, including “Childbirth in Portugal”.

In Ukraine, surrogacy is an official way of treating childlessness, regardless of the parents' citizenship. The laws have created the most comfortable conditions so that genetic parents are maximally protected, and the future of the child has multi-level legislative protection.

Due to the fact that the situation with surrogacy in Portugal is not settled, all controversial issues, for example, embryo transfer, are carried out in the legal field of Ukraine, where such issues are legally approved. The births themselves take place in Portugal and are legally protected by the Direito da Família family code, which is part of the Civil Code «Código Civil» (Article 124, article 15).

One distinguishing feature of the childbirth programme in Portugal is that an official contract for the birth of a child is concluded with an international organisation. You choose a surrogate mother from Ukraine, and your child is born in Portugal. The contract contains the services of a surrogate mother Portugal, a separate contract with the clinic for the implementation of the surrogacy program in Ukraine and the delivery of a surrogate mother in Portugal. The obligations assumed by the clinic and the surrogate mother in Portugal and the price are officially regulated by these documents.

Implementation of the surrogacy programme Ukraine – Portugal

In a word, the implementation of the program occurs in several stages:

Conclusion of a legal contract for the implementation of the guaranteed program.
Health check and examination of the couple.
Choice of surrogate mother Portugal and donor (if necessary).
Unlimited number of IVF until a successful result + genetic screening of the embryo PGD / NGS.
Monitoring the pregnancy of a surrogate mother Portugal up to the 8th month.
Transfer of the surrogate mother to Portugal to the clinic of our partners.
Safe childbirth of a surrogate mother Portugal.
Obtaining a Portuguese State birth certificate - Сertidão de nascimento for a child.
Future parents undergo a simplified adoption procedure with the help of our legal team.

Thus, there is a Ukraine - Portugal surrogacy programme offering a full range of reproductive, accommodation, legal and other services, with the birth of your child in Portugal.

Surrogacy in Portugal offers a legal and affordable path to parenthood for those who prioritise ethical considerations in the surrogacy process. This article can help you navigate the complexities of surrogacy in Portugal and move closer to the joyful moment of welcoming your child into the world.

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