Unblocking the implementation of altruistic surrogacy in Portugal: inclusive legal reform proposals through a comparative analysis.

This article analyzes the evolution and current challenges of Portugal’s altruistic surrogacy regime, legalized in 2016 but still unimplemented as of 2024 due to constitutional court rulings, presidential vetoes, and legal ambiguities. Key obstacles include restrictive eligibility criteria for intended parents, lack of trans-inclusive language for surrogates, and unresolved legal parenthood issues when a surrogate revokes consent after birth. Drawing on comparative law from the UK, South Africa, and Ontario (Canada)—jurisdictions with operational altruistic surrogacy and surrogate consent revocation rights—the article proposes reforms such as broadening infertility definitions, adopting gender-neutral terminology, and recognizing multi-parenthood to enhance inclusivity and legal certainty. It concludes that addressing these legal gaps and adequately resourcing the competent regulatory body, the Conselho Nacional de Procriação Medicamente Assistida (CNPMA), are essential steps toward effective policy implementation and the development of a just surrogacy framework in Portugal.