Portugal’s abortion laws have undergone significant transformations over the last few decades, reflecting broader social and political shifts in the country.
Once among the most restrictive in Europe, Portuguese abortion law now provides for legal termination of pregnancy under defined circumstances, striking a balance between personal autonomy and regulatory oversight.
In this article, we will explain the legal requirements for undergoing the procedure, and you’ll also find out more about:
Is Abortion Legal in Portugal?
Yes, in Portugal, abortion is legal and can be performed on demand up to the tenth week of pregnancy. But this wasn’t always the case.
Abortions were illegal in the country until 1984. However, over the years, the legislation has incorporated different grounds for abortion into Portugal’s healthcare system. For example, according to current laws, a three-day reflection period is mandatory before the procedure.
The law was ratified by President Aníbal Cavaco Silva, who recommended that measures should be taken to ensure abortion is the last resort and that pain management is effective.
After this period, abortion is only allowed under specific circumstances, such as risk to the woman’s life or health, fetal malformation, or in cases of rape. The restrictions increase gradually at 12 weeks, 16 weeks, and 24 weeks of pregnancy.
In 2007, a national referendum was held on elective abortion, and the pro-choice movement won with 59.3 percent of the votes, with 43.6 percent of the electorate participating.
From the result, voluntary abortion and safe abortion services were legalized when performed up until the 10th gestational week in an official health establishment. Portugal’s abortion laws, therefore, changed to expand the scope of where women can have access to voluntary termination procedures.
The number of abortion procedures carried out before the expansion of the law increased after 2007, but the abortion rate has been declining steadily since 2011 due to better family planning associations and contraceptive method education.
Legal Framework for Voluntary Interruption of Pregnancy
When Portugal updated its abortion laws in 2007, it allowed the procedure in officially authorized health facilities under specific circumstances:
- To save the woman’s life: Abortion is permitted to eliminate immediate threats of death or prevent severe and irreversible harm to the physical or mental health of the pregnant woman.
- Foetal impairment: If medical evaluations indicate significant risks of congenital malformations or severe, incurable illnesses, abortions may be performed up to 24 weeks of pregnancy. In cases of non-viable fetal conditions, the procedure is permitted at any stage of the pregnancy.
- Cases of rape: Abortions are allowed within the first 16 weeks of pregnancy if the pregnancy results from crimes against personal liberty and sexual autonomy.
- Maternal disease: Abortions are permissible within the first 12 weeks of pregnancy to prevent serious, lasting harm to the woman’s physical or mental health.
- Woman’s request: Women may request an abortion without specific medical or criminal conditions during the first 10 weeks of pregnancy.
Legal conditions and requirements
Under Portuguese abortion law, the following steps are mandatory:
- Written consent from the woman undergoing the procedure.
- Attend pre-abortion consultations, a medical laboratory test before the procedure, and a follow-up consultation afterward.
- A compulsory three-day reflection period between the initial consultation and the abortion itself.
- Counseling regarding contraception is required in at least one of the mandatory consultations.
- Minors under 16 years of age require consent from a parent or guardian.
These measures ensure that women have the necessary support, medical oversight, and adequate time to make informed decisions about their reproductive health.
Access of Voluntary Interruption of Pregnancy In Portugal
Since 2007, abortion has been legally permitted in Portugal at a woman’s request. Procedures can be carried out at authorized public hospitals, private clinics officially recognized by health authorities, and, in some cases, local health centers (Centro de Saúde), though the latter is less common.
Most abortions in Portugal are performed through the country’s National Health Service (Serviço Nacional de Saúde – SNS), typically using medical (non-surgical) abortion methods, which account for approximately 70% of all procedures.
All women residing in Portugal, including foreign nationals, have the right to free abortion care. To initiate the process, women should first identify and contact the nearest authorized public hospital or health facility.
Steps for Abortion in Portugal
Abortion laws in Portugal require that several steps be followed to ensure the procedure is carried out lawfully and safely. Generally, you’ll first need to have a pre-abortion consultation, followed by the abortion procedure, and then a check-up two or three weeks after the abortion has taken place.
Step 1: Pre-abortion consultation
According to SNS guidelines, only the woman herself can request the termination of pregnancy and sign her consent to carry out a voluntary termination.
To begin the process, the woman will need to call the hospital or health center that is closest to her home address and request an interrupção voluntária da gravidez (voluntary abortion consultation). Some hospitals allow women to make an appointment without going through the health center, while in other circumstances, they are required to have a prior consultation at the health center.
The time between the appointment and the consultation before the abortion is carried out cannot exceed five days. The consultation is mandatory, and the health professional will need to clarify any doubts that the woman has and provide her with the relevant information so that she can make an informed and responsible decision. This information is free.
During the initial consultation, the time of the pregnancy (by ultrasound) is determined, and the various methods for terminating the pregnancy are discussed and explained. After the different options open to her have been laid out, the woman will be able to choose the method that she intends to take. The physician will also evaluate the clinically most appropriate method for her situation.
The woman will be given a free and informed consent form, which she will need to read, sign, and deliver before the date the abortion is to be carried out. If the woman is under the age of 16 or is psychologically unfit, then this can be signed by their legal representative (parent or guardian).
Pregnancy termination visits are only legal when a “non-conscientious objector” professional has confirmed it. If, for whatever reason, the health professional does not agree with the termination of the pregnancy, then he or she will need to let the woman know and provide her with the contact details of another professional.
At the end of the pre-abortion consultation, the second consultation is then scheduled for the date of the abortion.
Step 2: Abortion Procedure
Between the pre-consultation and the date of the abortion, the abortion law in Portugal states that a minimum reflection period of three days is required. During these days, the woman can ask for psychological support and counseling, and the number of days can be extended if the woman desires.
The abortion process is then carried out through one of two methods:
Medicinal termination: You will have a consultation for the first administration of drugs, and the second administration can be done at home or by a health professional. Finally, there will be a consultation approximately two weeks after this to make sure everything is fine with the procedure.
Surgical termination: For the surgical route, the stay in the health unit can take one morning or afternoon, considering the preoperative preparation and procedures, although the procedure itself will only last a few minutes.
On the day of the legal abortion, the third appointment, also referred to as the follow-up appointment or control appointment, is scheduled. Medical abortion are the most common in Portugal, accounting for around 70% of cases.
Step 3: Post-abortion consultation
About 15 days after taking the medication, you have a new appointment to perform an ultrasound and evaluate the completion of the entire process. This ensures that everything has gone well for the woman, both physically and psychologically.
