A decree-law regulating the legal regime of surrogacy was approved

This Thursday, the Council of Ministers approved a decree-law regulating the legal regime applicable to surrogacy.

The government statement said that “an approved diploma creates the conditions for the full implementation of the surrogacy regime, providing in particular for the administrative authorization procedure before the conclusion of the surrogacy contract and the parental protection regime applicable to the beneficiaries and the surrogate mother.”

The legal regime that allows access to surrogate pregnancy through an amendment to the law regulating assisted procreation was published in the Diário da República on December 16, 2021 and entered into force on January 1, 2022, after which the government established that the government would have 30 days to approve the corresponding position.

The law stipulates that a pregnant woman’s regret may occur until the child is registered, which must be done within 20 days after birth, using surrogacy “in cases of absence of the uterus, injury or disease of this organ.”

The decree-law arose on the basis of a text replacing the bills BE “Amendment to the legal regime of surrogacy” and PAN “Guarantees of access to surrogacy”.

These BE and PAN diplomas came about after the President of the Republic demanded preventive oversight of the change in the legal regime of surrogacy approved by Parliament on July 19, 2019, which did not include the withdrawal of the pregnant woman’s consent before the birth of the child. child and which was imposed by the Constitutional Court.