Surrogacy and the conflict of laws. A Portuguese perspective

Abstract

Surrogacy laws vary from jurisdiction to jurisdiction. Because of this variety, people living in countries that do not allow surrogacy start surrogacy processes abroad – in a country that allows it – and then return home with the born child. The authorities of the home country can then be asked to establish the child’s affiliation, but their laws, in many cases, do not rule or do not allow surrogacy. In this article we analyze the Portuguese laws on this subject and the possible answers that can be given to rule cross-board surrogacy.