Law 137/2015 was published on 7th September 2015, and introduced changes to the Portuguese Civil Code in relation to the parental responsibility regime.

The main change related to the greater relevance which has been given to the spouse or partner of the biological parent, who can, by way of a court order, be granted the parental responsibility of a minor when the biological parents are absent, incapacitated or even in the event of their death, in detriment to the extended family of the biological parents.

In addition, when only one parent’s name appears on the minor child’s birth certificate, a court can issue an order to attribute the parental responsibilities of the minor, to the spouse or partner of that parent. This has to be requested by the parent and the spouse/partner and the minor should be heard in the hearing.

There is therefore an attempt by the legislator to accompany the changes in the traditional family structure and provide a more active role for the spouse or partner of the biological parent.