11. If surrogacy is forbidden, is the conduct of the following persons criminalised by the law? Yes, for surrogacies carried out in violation of Article 8 or outside licensed public or private MAP centres (Article 39 of Law No. 32/2006), in which cases:
a. surrogate mother Yes, who enter into onerous surrogacy contracts can be sentenced to a fine of up to 240 days. If contracts are exempt of payment, but are outside of paragraphs 2 to 6 of Article 8, she can be punished with a term of imprisonment of up to 1 year or a fine of up to 120 days.
b. intended parent(s) Yes, who enter into onerous surrogacy contracts can be sentenced to imprisonment of up to 2 years, or a fine of up to 240 days. If contracts are exempt of payment, but are outside of paragraphs 2 to 6 of Article 8, they can be punished with a term of imprisonment of up to 1 year or a fine of up to 120 days.
c. gamete donor NA
d. facilitator Yes. The application of any MAP technique, including those carried out within the framework of gestational surrogacy, outside authorised centres is an offence punishable by a fine of 10 000 to 50 000 Euros in the case of individual facilitators, the maximum being (euro) 500 000 in the case of companies.
12. Subject to the applicable law, are you aware of the following unlawful practices in your country? No. The Portuguese authorities, as well as the National Council for MAP, are incumbent to observe and act upon any irregularities detected in the implementation of the law.
a. remuneration of the surrogate
b. remuneration of the gamete donor
c. advertising for surrogacy services
d. remuneration of facilitators
e. any other unlawful practices (please specify)