FS49E - LGBTQI+ in Portugal

This guide brings together the key rights, concepts and resources that define LGBTQI+ inclusion in Portugal today.

What LGBTQI+ Means

LGBTQI+ is an inclusive umbrella term that recognises the diversity of sexual orientations, gender identities, gender expressions and sex characteristics. It reflects the many ways people experience and express who they are, and it acknowledges identities that do not fit traditional categories. The “+” ensures space for all people whose identities fall outside heterosexual and cisgender norms, including those who use emerging or culturally specific terms.

Portuguese law supports this broad understanding by using inclusive concepts such as orientação sexual, identidade de género, expressão de género and características sexuais, ensuring protection without needing to list every identity individually.

Gender Identity, Expression & Intersex Rights

Law 38/2018 is basically what gives people in Portugal the right to decide their own gender and protects everyone’s sex characteristics. It lets people choose and express their gender identity, and it makes sure intersex people are protected too. It bans discrimination based on gender identity, gender expression, or sex characteristics, and it requires public services to respect these rights.

People can change their legal name and gender marker through a simple process at the civil registry, without needing medical exams, surgery, or psychological reports. Teens aged 16–17 can also apply, as long as their legal guardians support them. Intersex children are protected from unnecessary medical procedures unless there’s a real health risk.

The law also says the State has to provide appropriate healthcare and schools must take steps to prevent discrimination and support students’ wellbeing and identity. If someone faces discrimination, they can ask for compensation, and no one is allowed to retaliate against them for making a complaint.

Gender Self‑Determination 

• Adults (18+) can change their legal name and gender marker through a simple declaration at the Civil Registry.
• No medical tests, surgery or psychological reports are required.

Youth Rights
Young people aged 16–17 can access legal gender recognition with parental consent and a brief confirmation of decision‑making capacity from a doctor or psychologist.

Sexual Consent
The legal age of sexual consent in Portugal is 14 years old, and this is established in the Portuguese Penal Code, primarily in Articles 172.º and 174.º, which address sexual abuse of children and sexual acts with adolescents.

Explanation: Article 172 – Sexual Abuse of Children (under 14)
This law protects all children under 14. Any sexual activity with someone under 14 is always illegal, no matter what the circumstances are. It doesn’t matter whether the child agreed, whether the adult meant harm, or whether there was physical contact - it is always a crime.
Article 174 – Sexual Acts with Adolescents (14 to 16). This law applies to teenagers aged 14 to 16. Although the general age of consent in Portugal is 14, adults can still commit a crime if they take advantage of a young person in this age group.

Intersex Protections

• Non‑necessary medical interventions on intersex infants are restricted.
• Procedures are only allowed when there is a serious health risk or when the child is old enough to decide.

Explanation: This law allows people to change their legal name and gender marker through a simple administrative process. It also protects intersex children from unnecessary medical procedures and requires public services, including schools and healthcare, to prevent discrimination.

LGBTI conversion 'therapies' are practices that can be defined as 'any treatment aimed at changing a person's sexual orientation or gender identity'. Ways to implement them include psychotherapy, medication, electroshock therapy, aversive treatments and exorcism. This is banned in Portugal since the 30^th of January 2025.

Healthcare Rights

Public services must provide appropriate, respectful healthcare related to gender identity, gender expression and sex characteristics

Explanation: The State must provide suitable healthcare services, including guidance, support and specialised care when requested.

Family Rights: Marriage, Parenting & Partnerships

Portugal grants same‑sex couples full legal equality in family and civil law.

• Marriage Equality (2010): Civil marriage is open to all couples.
• De Facto Unions (since 2001): Same‑sex couples in common‑law partnerships receive similar rights to married couples.
• Adoption & Parenting (2016): Same‑sex couples can jointly adopt and co‑adopt.
• Medically Assisted Reproduction: IVF is available to all women, regardless of marital status or sexual orientation.

Family Rights

Explanation: Same‑sex couples have the same marriage and adoption rights as different‑sex couples, including joint adoption and step‑parent adoption.

Surrogacy in Portugal
Surrogacy is one of the few areas where Portuguese law remains restrictive for LGBTQI+ families.

Who Can Access Surrogacy
Surrogacy is legal only for women who cannot carry a pregnancy for medical reasons. It must be altruistic, with no financial compensation beyond medical and logistical expenses, and requires approval from the National Council for Medically Assisted Reproduction (CNPMA).

Who Is Excluded
Surrogacy is not available to:

• Male same‑sex couples
• Single men
• Individuals or couples without a medical condition preventing pregnancy
• Any form of commercial surrogacy

This creates significant barriers for many LGBTQI+ families, especially gay male couples.

Protection in Education, Employment & Housing

Schools
Under Law 38/2018, schools must prevent discrimination, respect students’ identities and create safe, supportive environments.

Employment

• Article 24 of the Labour Code prohibits discrimination based on sexual orientation in hiring, promotion, training and workplace conditions.
• Gender identity and expression are protected through broader anti‑discrimination principles.

Housing
Anti‑discrimination laws covering access to goods and services - strengthened by reforms including Law 59/2019 - prohibit discrimination in renting or buying property based on sexual orientation or gender identity.

Anti‑Discrimination Statutes and Hate Crime Provisions

Equality and Non‑Discrimination

Explanation: The Constitution sets the foundation for all other protections. It ensures that everyone is treated equally and that discrimination is not permitted in any area of life.

Criminal Protection Against Discrimination and Hate

Explanation: It is a criminal offence to promote hatred, deny services, or discriminate against someone because of their sexual orientation or gender identity. This includes public incitement, threats, and discriminatory actions.

Protection in Education

Explanation: Educational institutions must create safe environments, respect students’ identities, and take action to prevent bullying or discrimination.

Civil Liability for Discrimination

Explanation: Anyone who experiences discrimination has the right to seek compensation and it is illegal to retaliate against someone for reporting discrimination.

Pride & Community Events

Community Resources in Portugal

These organisations offer support, advocacy, social events and safe spaces:

• ILGA Portugal (Lisbon) – Advocacy, community centre, events https://ilga-portugal.pt
• Casa T (Lisbon) – Shelter and support for trans migrants https://www.facebook.com/p/Casa-T-Lisboa-100064457752786
• Clube Safo – Lesbian‑focused community organisation https://clubesafo.pt
• Rede ex aequo – Youth network for LGBTQ+ people aged 16–30 https://rea.pt
• AMPLOS – Support network for parents and families https://amplos.pt  E-mail:  info@amplos.pt
• Opus Diversidades – Organisation supporting LGBTQIA+ people facing social vulnerability https://www.facebook.com/opusdiversidades/?locale=pt_PT  E-mail: geral@opusdiversidades.org 

Source: Diário da República 

Constitution Article 13 (non‑discrimination)

Penal Code Article 240 (hate crimes, hate speech)

Penal Code Article 172 and 174 (sexual consent)

Lei 38/2018 (gender identity, expression, sex characteristics)

Lei n.º 15/2024 with alterations to the Penal Code.

Lei n.º 9/2010 Marriage and Lei n.º 2/2016 adoption equality laws.