Surrogacy: who is legally recognised as the mother in Portugal?

1. Surrogacy: who is legally recognised as the mother in Portugal?
2. Legal maternity when a child is born through surrogacy abroad
3. How FHRG assists with legal recognition of maternity
4. How legal maternity is established in Portugal
5. Circumstances that may complicate recognition of maternity

It is important to bear in mind, however, that the practical implementation of the current legal framework still depends on the adoption of the relevant implementing regulations. This makes it essential to understand who is regarded as the mother in a surrogacy arrangement.

Surrogacy: who is legally recognised as the mother in Portugal?

Under the Portuguese surrogacy framework, the intended mother, or beneficiary, is a woman who wishes to become a parent but is absolutely and permanently unable to carry a pregnancy because of a medical condition recognised by law. The surrogate is the woman who carries the pregnancy to term. The law prohibits the use of the surrogate's own eggs.

Where this legal framework applies, the question of who is considered the mother is directly linked to the special rules establishing the child's legal parentage. Recognition of maternity depends on compliance with the statutory requirements.

The framework imposes strict conditions, including compliance with the applicable rules and prior authorisation from the National Council for Medically Assisted Procreation (CNPMA). Nevertheless, practical implementation remains dependent on the necessary secondary legislation.

The surrogate also retains her rights to medical care, information and informed consent. This includes the right to withdraw her consent freely until the child's birth is registered, whether because she changes her mind or for another reason. Legal issues surrounding surrogacy must therefore be assessed in light of the legislation in force and the circumstances of each case.

How legal maternity is established in Portugal

After the birth, the child must be registered. Legal parentage is established under the surrogacy framework, provided the statutory requirements have been met.

When determining who is legally the mother, recognition of the intended mother depends on the process having been properly arranged and documented, particularly where the birth takes place in Portugal. In some cases, additional procedures involving the father, the establishment of parentage or adoption may be necessary.

Legal maternity when a child is born through surrogacy abroad

If the child is born abroad, the question of legal maternity may require separate examination, since recognition in Portugal is not automatic. Documents may include the birth certificate, surrogacy agreement, identity documents, medical records and certified translations. The child's birth may then need to be registered with the Portuguese authorities.

Circumstances that may complicate recognition of maternity

Circumstances that may make recognition more difficult include:

• absence of CNPMA authorisation;
• an agreement that does not comply with Portuguese law, particularly if it provides for prohibited financial compensation;
• missing documents required for the procedure;
• a dispute between the parties over who is legally recognised as the mother.

Other complications are possible, so it is important to assess the situation in advance and prepare all the necessary documents correctly.

How FHRG assists with legal recognition of maternity

Feskov Human Reproduction Group supports participants at different stages of its programmes. This includes reviewing legal questions and preparing the necessary documents. Assistance may also cover procedures relating to the child's registration.

For Portuguese citizens, we recommend looking beyond geographical convenience alone. In modern surrogacy, it is not enough to achieve pregnancy and a successful birth: the child's legal status must also be established in accordance with the law and ethical standards.