Law 2/2016 of 29th February, which proceeded to amend Law 7/2011 of 11th May (protection of common-law marriages), Law 9/2010 of 31st May (allowing same sex marriage) and the Civil Registry Code, has effectively removed any existing discrimination in the access to adoption, civil sponsorship and other legal family relations.
Adoption, in any of its forms, is now legally permitted in Portugal for same-sex married couples.
Previously, same-sex couples, whether married or as common-law spouses, could adopt, but only one element of the couple could hold the parental responsibilities.
With the amendments introduced by this new law, even in the event of divorce or termination of common law spousal relationship, spouses who had been prevented from adopting previously, can now submit an application to adopt the child that the other spouse or common law spouse adopted, as long as all other legal requirements for the adoption are met and there is an agreement from the other spouse or common law spouse
Although this new law was vetoed by the outgoing President, the left majority in Parliament announced their intention to override the veto and the law, which was published in the official Gazette on 29th February, came into effect on 1st March. This new law has ensured that Portugal no longer discriminates against same sex couples with respect to their right to adopt children.