Laws

PORTUGAL

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Parenting
Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

In 1997, consensual sex between same-sex couples was made lawful at the age of 16 years [R1.1].

R1.1 Adelaide Gay Times: Portugal Equalizes Age of Consent 21 JAN 97
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation
Surrogacy
Legislation/Cases/References
See also: [PARENTING]
1.

National

On 13 May 2016, the parliament voted to change the law to allow gay women access to artificial insemination, which previously was restricted to heterosexuals who were married or living together for more than two years [R1.2].

On 20 November 2015, the Parliament approved laws allowing same-sex couples to legally adopt children and permitting lesbians to obtain medically assisted fertilization [R1.1].

R1.2 ABCnews: Portuguese Lawmakers Extend Pregnancy Rights to Gay Women 13 MAY 16
R1.1 MinneapolisStarTribune: Portugal allows same-sex adoption, lesbian artificial insemination in push for gay rights 20 NOV 15
Asylum, Immigration, Refugees Legislation/Cases/References
1.

National

Some immigration benefits are extended to the same-sex partners of citizens and permanent residents [R1.1].

R1.1 Human Rights Watch, Immigration Equality: U.S. Immigration Law Inhumane to Same-Sex Couples 02 MAY 06
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [INHERITANCE], [MARRIAGE], [PROPERTY]
1.

National

In March 2001, Portugal’s National Assembly granted legal rights and tax benefits to gay and lesbian couples who have lived together for more than two years, giving them the same rights as heterosexual couples in common-law marriages [R1.1].

R1.1 The Advocate: Portuguese Parliament Grants Rights to Same-sex Couples 17-19 MAR 01
Discrimination Legislation/Cases/References
1.

National

On 19 January 2015, the Parliament voted for the inclusion of gender identity as a protected ground of discrimination in the field of employment in the Portuguese Labour Code. The law will now be discussed in committee and will need to be signed by the President before coming into effect [R1.3].

On 11 January 2013, the Parliament was reported to have unanimously approved an amendment to the criminal code making discrimination on the ground of gender identity unlawful [R1.2].

In 2004, the Constitutional was amended prohibiting discrimination based on sexual orientation [R1.1].

In 2003, discrimination in employment based on sexual orientation was made unlawful [R1.1].

R1.3 ILGAeurope: Parliament votes for the inclusion of gender identity in the Portuguese Labour Code 19 JAN 14
R1.2 GayStarNews: Portugal passes trans hate crime law 21 JAN 13
R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, 14 MAY 08

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Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

On 19 January 2015, the Parliament voted for the inclusion of gender identity as a protected ground of discrimination in the field of employment in the Portuguese Labour Code. The law will now be discussed in committee and will need to be signed by the President before coming into effect [R1.2].

On 25 November 2010, a new law went into effect authorizing issuance of government documentation of gender identity without the necessity for surgical alteration, making Portugal one of only three countries in Europe (the others are Spain and the U.K.) where [divorce, sterilisation, hormonal treatment or] surgical alteration is not a prerequisite to official recognition of gender transition, according to an 29 November release from ILGA/Europe [R1.1].

R1.2 ILGAeurope: Parliament votes for the inclusion of gender identity in the Portuguese Labour Code 19 JAN 14
R1.1 Lesbian/Gay Legal News: International Notes PDF 133.56kb, JAN 11 at page 9
Hate Crimes Legislation/Cases/References
1.

National

On 11 January 2013, the Parliament was reported to have unanimously approved an amendment to the criminal code to include gender identity as a category of hate crime law [R1.2].

In 2007, hate crimes based on sexual orientation became considered an aggravating circumstance [R1.1].

R1.2 GayStarNews: Portugal passes trans hate crime law 21 JAN 13
R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, 14 MAY 08
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

In 1983, consensual sex between same-sex couples was decriminalised [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, 14 MAY 08
Marriage Legislation/Cases/References
1.

National

On 14 January 2017, it was reported that Portugese authorities had granted Polish couple Jakub Kwiecinski and David Mycek permission to marry in Portugal despite their not being able to provide necessary documentation, same-sex marriage being unlawful in Poland. Portugal usually requires all foreigners (except UK nationals) seeking to marry in Portugal provide documentation affirming there is no obstacle to their marriage in their home country [R1.7].

On 17 May 2010, President Anibal Cavaco Silva announced he is reluctantly ratifying a law allowing gay marriage [R1.6].

Previously:

On 11 February 2010, Parliament finalised and passed a law legalising same-sex marriage, and on 05 March the law was sent to President Aníbal Cavaco Silva. On 13 March, Cavaco Silva sent it to the Constitutional Court for review, and the court must act on the review by 8 April [R1.2], [R2.1]. The bill then will return to the president, who will have 20 more days to mull it over [R1.5].

On 08 January 2010, the parliament passed a law (125 to 99) to legalise same-sex marriage, but rejected proposals to allow homosexual couples to adopt. The bill will now be reviewed in committee before coming back for a final vote in parliament [R1.4].

In December 2009, a marriage equality law to be debated early next year reportedly appeared likely to reach the desk of President Anibal Cavaco Silva, whose potential veto could be overturned by parliament [R1.2].

In November 2009, the BBC reported that the new Socialist government may pass gay marriage or civil partnerships into law as soon as January [R1.2].

In October 2008, both Portugal's Socialist and Social Democratic parties rejected proposals to allow same-sex marriage [R1.1].

2.

Courts & Tribunals

On 08 April 2010, the Constitutional Court ruled that the country's proposed same-sex marriage law should be enacted, which leaves only the president's signature as the last step before the bill becomes a law [R2.2].

Previously:

On 31 July 2009, the Constitutional Court upheld the country's ban on same-sex marriage in a 3–2 ruling against a lesbian couple's appeal [R2.1].

R1.7 LGBTQnation: Polish gay couple wins right to marry in Portugal thanks to their haters 15 JAN 17
R1.6 365Gay.com: Portugal gets gay marriage 18 MAY 10
R1.5 PinkPaper.com: Portugal same-sex marriage law still on track 22 MAR 10
R1.4 BBC News: Same-sex marriage law backed in Portugal's parliament 08 JAN 09
R1.3 The Advocate: Gay Marriage Prospects Strong in Portugal 18 DEC 09
R1.2 The Advocate: Portugal Closer to Gay Marriage? 01 DEC 09
R1.1 The Advocate: Portugal Rejects Same-Sex Marriage 11-13 OCT 08
R2.2 The Advocate: Top Portuguese Court OKs Gay Marriage 09 APR 10
R2.1 The Advocate: Portugal Upholds Gay Marriage Ban after lesbians' challenge 31 JUL 09
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

On 21 February 2016, President Aníbal Cavaco Silva was reported to have signed the Bills legalising adoption by same-sex couples into law [R1.8].

On 10 February 2016, the Portugese parliament overturned the President's veto by 137 votes in the 230-seat parliament. Under the constitution, the President has eight days to sign the bill legalising adoption by same-sex couples into law [R1.7].

On 25 January 2016, outgoing President Anibal Cavaco Silva vetoed legislation allowing same-sex couples to adopt children. The Socialist Party majority in Parliament will try to override the veto [R1.6].

On 20 November 2015, the Parliament approved laws allowing same-sex couples to legally adopt children and permitting lesbians to obtain medically assisted fertilization [R1.5].

On 22 January 2015, the Parliament defeated by 30 votes out of the 220 members present a bill that would have allowed gay couples to adopt children [R1.4].

On 17 January 2014, it was reported that the centre-right Social Democratic Party won a motion by 11 votes in the 230-seat Parliament to put a law allowing gay married couples to adopt their partners' children to a referendum. The final word on whether to call a referendum lies with the constitutional Court and Portugal's president, expected within two months [R1.3].

On 17 May 2013, Parliament approved 99-94 with 9 absetentions, a measure that allows one spouse the right to adopt the other's biological or adopted children. However, another proposal, which would have let same-sex couples adopt jointly, was defeated [R1.2].

On 24 February 2012, the parliament defeated two bills that would have allowed gay couples to adopt children [R1.1].

2.

Courts & Tribunals

In December 1999, the European Court of Human Rights ruled that being a homosexual is no reason to ban a father from caring for his children [R2.1].

In 1994, Joao Manuel Salgueiro de Silva Mouta, 38, was awarded parental responsibility for his daughter by a Lisbon court after his ex-wife barred him from seeing the girl. But a year later the woman abducted her daughter and went on to win parental responsibility for her at Lisbon's appeals court [R2.1].

R1.8 ThePortugalNewsOnline: President signs same sex adoption into effect 21 FEB 16
R1.7 ReutersUK: Portugal parliament overturns veto on adoption by gay couples 10 FEB 16
R1.6 TheAdvocate: Portugal's President Vetoes Adoption Rights for Gay Couples 25 JAN 15
R1.5 MinneapolisStarTribune: Portugal allows same-sex adoption, lesbian artificial insemination in push for gay rights 20 NOV 15
R1.4 Towelroad: Portuguese Parliament Blocks Bill Allowing Gays To Adopt 25 JAN 15
R1.3 EdgeOnTheNet: Portugal’s Gay Adoption Rights Placed in Doubt 17 JAN 14
R1.2 The Advocate: Portugal Approves Adoption Rights for Same-Sex Spouses 17 MAY 13
R1.1 Portuguese American Journal: Portuguese lawmakers defeat adoption bill 25 FEB 12
R2.1 Reuters: Eurocourt Rules Gays Can Care for Their Children 21 DEC 99

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