Portugal Abortion Laws: Everything You Need to Know

Portugal’s abortion laws have changed several times over the past four decades, moving from a near-total ban to the current framework, which allows for the termination of pregnancy in defined circumstances.  

This article explains what the law permits, the conditions that apply, and the steps involved in the procedure.

Portugal Abortion Laws: Key Takeaways 

Abortion is legal in Portugal on request within the first ten weeks of pregnancy, under Article 142 of the Penal Code, as amended by Law 16/2007. 

Beyond ten weeks, termination is permitted only on specific grounds: Up to 12 weeks for risk to the woman’s health or life, up to 16 weeks for pregnancy resulting from rape or another sexual crime, and up to 24 weeks for grave fetal malformation (with no limit for non-viable fetal conditions or where termination is the only way to avert death or grave, irreversible injury). 

A reflection period of a minimum of three days is required between the initial consultation and the procedure. 

The procedure is free for women registered with the SNS, including foreign residents; visitors not covered by the SNS should confirm costs directly with the health facility. 

Unlawful abortion remains a criminal offense under Articles 140 and 141 of the Penal Code, with penalties that vary by circumstance. 

Yes. Under Article 142 of the Penal Code, as amended by Law 16/2007 of 17 April, abortion is legal in Portugal at a woman’s request within the first ten weeks of pregnancy, provided the procedure is carried out in an official or officially recognized health establishment. 

Abortion was a criminal offense in Portugal until 1984, when Law 6/84 of 11 May first exempted termination of pregnancy from punishment in specific, defined circumstances. Portugal’s legislation changed in stages after that, summarized below. 

In 2007, Portugal held a national referendum on abortion on request. Voters supported the measure by 59.25%, though turnout was approximately 43.6% of the electorate, below the 50% threshold that would have made the result binding on its own.

Parliament went on to pass Law 16/2007, ratified by then-President Aníbal Cavaco Silva, which introduced the current framework, including access on request within the first ten weeks in an authorized health establishment. 

The number of procedures performed in Portugal rose in the years following the 2007 change, then declined for over a decade. According to the Directorate-General of Health’s (DGS) most recent registry report, published in April 2026, the number of procedures increased by approximately 5% in 2024, exceeding 18,000, reversing the earlier downward trend. 

Portuguese law sets out five grounds on which termination of pregnancy is not punishable, each with its own gestational limit: 

• Woman’s request: Termination may be performed within the first ten weeks of pregnancy, without a requirement to state medical or other grounds. 
• Danger to the woman’s health or life: Permitted within the first twelve weeks to avert danger of death or grave and lasting injury to the woman’s physical or psychological health.  
• Danger to the woman’s life: Where termination is the only way to avert death or grave and irreversible injury, there is no gestational limit. 
• Fetal impairment: Permitted within the first 24 weeks in cases of a grave, incurable disease or malformation of the fetus. Where the fetal condition is non-viable, the procedure is permitted at any stage of the pregnancy. 
• Pregnancy resulting from a crime against sexual freedom and self-determination (including rape): Permitted within the first 16 weeks of pregnancy. 

These limits are set out in Article 142 of the Penal Code, as amended by Law 16/2007.

Legal conditions and requirements

In addition to the gestational limits above, the following conditions apply:

• Written, free, and informed consent from the woman undergoing the procedure.
• A pre-abortion consultation, followed by a laboratory test if clinically required, and a follow-up consultation afterward.
• A reflection period of a minimum of three days between the initial consultation and the procedure.
• Counseling on contraception is provided in at least one of the mandatory consultations.
• If the woman is under 16 years of age or is not capable of giving informed consent, consent is given by her legal representative.

Since 2007, abortion on request has been available in Portugal within the limit described above. Procedures may be carried out in authorized public hospitals, in private clinics officially recognized by the health authorities, and, in some cases, in local health centers (Centro de Saúde), though this last option is less common. 

Most procedures are carried out through Portugal’s National Health Service (Serviço Nacional de Saúde, SNS). According to the DGS registry report, the medicamentous (drug-based) method accounted for approximately 99% of procedures in the public sector in 2023, with surgical termination more common in the private sector. 

Women registered with the SNS, including foreign residents, do not pay for the procedure. Visitors who are not covered by the SNS should confirm coverage and any costs directly with the health facility.

The procedure follows three main stages: a pre-abortion consultation, the abortion itself, and a post-abortion consultation. 

Step 1: Pre-abortion consultation

According to SNS guidelines, only the woman herself may request the termination of pregnancy and sign her own consent, except where a legal representative is required under the conditions above. 

To begin, the woman contacts the hospital or health center closest to her home to request an interrupção voluntária da gravidez (voluntary termination of pregnancy). Some hospitals accept a direct appointment; others require a prior consultation at the health center first. 

The initial consultation must take place within a maximum of five days of the request. During this consultation, gestational age is confirmed by ultrasound, and the health professional explains the available methods so the woman can make an informed decision.  

She is then given a written consent form to read, sign, and return before the date scheduled for the procedure. 

If the attending health professional is a conscientious objector, they must inform the woman and refer her to another professional. At the end of this consultation, the date for the procedure is scheduled. 

Step 2: Abortion procedure 

A reflection period of a minimum of three days is required between the initial consultation and the procedure itself. During this time, the woman may request psychological support, and the period can be extended at her request. 

The procedure is carried out using one of two methods: 

Medicamentous (drug-based) termination: The most common method in the public sector, involving an initial dose administered at a consultation, a second dose that may be taken at home or under supervision, and a follow-up consultation approximately two weeks later. 

Surgical termination: Typically completed within a single morning or afternoon visit, including preoperative preparation, although the procedure itself takes only a few minutes. 

Step 3: Post-abortion consultation 

Approximately two to three weeks after the procedure, a follow-up consultation takes place, including an ultrasound, to confirm that the process was completed and to check on the woman’s physical and psychological well-being.