Portugal

There is no single cost that applies to every case. In fact, the price is closely related to certain variables such as whether an egg donation is needed, the type of program requested from the IVF clinic which translates into the number of in vitro fertilization and embryo transfers covered. There can be one, two, three or unlimited transfers until pregnancy is achieved. Having clarified all possible variables, an estimate based on the case histories we have had allows us to say that the average price today for a guaranteed set-price journey, including unlimited IVF and embryo transfers, egg donor, surrogate mother and legal is anywhere between €50.000 and €60.000.

In 2006 a new bill become law ( n.32/2006, on ART ). It was enacted to regulate the Medically Assisted Reproduction and it unequivocally banned surrogacy agreements. However, since August 2016 the Law n.25/2016 that regulates access to surrogate motherhood, allows surrogacy agreements under specific situations, defined in quite restrictive terms as women born without a uterus, or having a disease or lesion of the uterus that prevents the gestation of a child or in other justifiable clinical conditions. Surrogacy can't be used by single men nor by male gay couples and both fatherhood candidates are still excluded from Article 6 of the law.
Additionally, the gametes used must originate from at least one of the intended parents and in no situation the surrogate provide her eggs (Article 8/3).
The surrogacy procedure must be approved by the National Council of Medically Assisted Reproduction, the entity in charge of controlling the use of reproductive techniques (CNPMA, Conselho Nacional de Procriação Medicamente Assistida), which issues its verdict after listening the opinion of the Medical Association on the case (Article 8/4).
Surrogacy agreements must not include any form of payment or donation to the surrogate, except for reimbursement of her actual expenses (such as medical care and transportation), and only if these expenses are properly documented with an invoice (Article 8/5).
The article 8/7 stipulates that a child born via a surrogacy arrangement is the baby of the intended parents, a provision that appears to hold even if the contract is deemed invalid (CNPMA 2016) and even if the parents have committed a crime by entering into a paid contract.

For international intended parents, surrogacy in Portugal presents even more challenges. The law does not support surrogacy for non-residents, and there is no clear path for international intended parents to establish legal parentage. This is particularly true for intended parents that don't fit the traditional model of family (husband and wife).
Even for Portuguese citizens the process can be legally risky, as the CNPMA and courts can intervene, especially in situations where the agreements or medical procedures don't meet the stringent requirements laid out in the law.

Creating a surrogacy agreement in Portugal requires meticulous legal guidance to ensure all provisions comply with the law. Surrogacy Portugal is regulated to ensure the protection and rights of all parties involved. It's essential for intended parents and surrogates to understand these regulations thoroughly before embarking on this journey. All surrogacy agreements must receive prior authorization from a Portuguese court. This process includes a rigorous assessment to ensure that the agreement complies with legal standards and that the surrogate's decision is free from any coercion. This agreement is crucial for outlining the responsibilities and expectations of both parties. The requirement for judicial approval and the prohibition against commercial benefits complicate the use of surrogacy. These hurdles pushed many intended parents from Portugal to choose other countries over surrogacy in Portugal.

Access to surrogacy is granted only to heterosexual couples or single women, citizens or residents, unable to carry a pregnancy due to medical conditions.

Portuguese nationality law is a mixed system of "ius soli" for Portuguese citizens and ius sanguinis for foreigners. The child will acquire parent's citizenship at birth.

The names of both intended parents (or single parent) will be recorded on the birth certificate.