Surrogacy in Portugal

Surrogacy is the arrangement made by at least three people, in order for a surrogate or gestational mother to carry a pregnancy for the two intended parents, with the objective of the former party relinquishing all rights to the child, once the child is born. As it has only been in recent years that that same reproductive method has begun to be commonly accepted due to certain modern scientific developments that thus diminished ethical and moral negative stances, there is still an unsettling legal void (both at a national and international level) in regards to such subsidiary form of reproduction. As such, some countries have not only left their citizens with no choice but to travel abroad in order to enter a surrogacy arrangement (leading to private international law issues on establishing parenthood and nationality of the born child) or to resort to surrogacy within black market conditions. Unfortunately, one of those countries is Portugal as it has been considered, both by its political parties and experts in the area, and by its citizens as not dealing adequately with such theme and thus being poorly equipped to deal with surrogacy, at both a legal and social level. The present paper attempts to analyse Portugal’s current legal perspective by looking at the present efforts being made to contradict the current situation, and thus outline altruistic gestational surrogacy’s tangible future within such nation. In order to also become aware of possible improvements specifically regarding to the full protection of human rights and human dignity as a whole, the United Kingdom’s legal standpoint in relation to surrogacy was also studied. Via direct comparison of both social and legal perspectives, a new approach to altruistic surrogacy is thus proposed with view to suggest a harmonious solution for countries that have at least recognized that the present issue deserves to be duly noticed and that altruistic gestational surrogacy may exist in order to grant protection of human dignity and not to place it in check.

Cidadania pós-nacional

In the midst of changes of the world political order fostered mainly by the very debated phenomenon of globalization, the nation-state is confronted with new paradigms regarding their identification with society. Citizenship, as was defined up to the latter decades of the last century, rooted in nationalist ideals that tend to condition it full exercise on exclusionary policies oriented criteria, is not consistent with the human needs of present days. One can observe, mainly in Europe with the establishment of European citizenship, certain propensity towards a relative detachment between nationality and citizenship. It is expected with the present research to expose some of the arguments invoked by those who defend the possibility of a post-national conception of citizenship, i.e., decoupled from the concept of nationality and national boundaries, in order to develop a grounding for a necessary re-articulation of this institute. This assumption is based mainly on the movement of universal human rights and the revaluation of human dignity, especially through participatory policies on citizenship and respect for ethnic and cultural diversity.