Who can adopt a child?
Conditional on the requirements, but single people, married couples and de facto partners can adopt — including same-sex since 2016. The basis is Law 143/2015 (which left only full adoption) and Law 2/2016 (same-sex couples). A single adopter must be over 30 (25 for a spouse's child); couples, both over 25 and living together for more than 4 years. The maximum age is, as a rule, 60, and from 50 the age gap shouldn't exceed 50 years. Apply to the adoption team of the District Social Security Centre; a suitability study, a pre-adoption period and the court's decision follow. The process is free. In short: yes, meeting the requirements.
📋 The rules
- Single person: over 30 (25 for a spouse's child)
- Couples (married or de facto): both 25+, together 4+ years
- Maximum age 60; after 50, gap up to 50 years
- Apply to Social Security; suitability study
- Final decision by the court; free process
🔓 Exceptions
- Stepchild adoption: reduced requirements and periods
- Age-gap limit waived for weighty reasons
- International adoption: separate track (Hague Convention)
⚠️ Penalties & fines
The adoption process is free (€0) and run by Social Security; there are no fee-charging private agencies. What's a crime — not a mere fine — is illegal adoption / child trafficking: art. 160 of the Penal Code punishes human trafficking with 3 to 10 years in prison (up to 12 aggravated), and false parentage registration (art. 248) is also punished. Beware myths: "you pay an agency to adopt" is false — adoption is public and free. And don't import Brazil's numbers (ECA, minimum age 18, 16-year gap): in Portugal the minimums are 25/30, the maximum 60, with a 50-year gap limit from age 50. To adopt: apply to Social Security, pass the suitability study and await the court's decision.
📎 Official sources
❓ Frequently asked
Who can adopt in Portugal?
Single people, married couples and de facto couples can adopt, including same-sex couples, a possibility recognised since 2016. You must meet age requirements and, for couples, time living together, and be deemed suitable by Social Security, which oversees the whole process up to the court's decision.
What age do you need to be to adopt?
A single adopter must be over 30, or over 25 to adopt a spouse's child. In couples, both must be over 25 and have lived together for more than four years. The maximum age is, as a rule, 60, and from 50 the age gap to the child shouldn't exceed 50 years.
Can same-sex couples adopt?
Yes. Since 2016, with Law 2/2016, same-sex couples, married or in a de facto union, have exactly the same adoption rights as different-sex couples. The law stopped making any distinction, applying the same requirements of age, time living together and suitability.
How much does it cost to adopt?
Nothing. The adoption process is free and run entirely by Social Security, with no private agencies authorised to charge for an adoption. It's a myth, often from other countries, to think you must pay an agency. Paying for an adoption can, in fact, amount to the crime of child trafficking.
How does the adoption process start?
It starts with an application to the adoption team of your area's District Social Security Centre. A suitability study follows, with a six-month legal limit, and, if there's a suitable child, a pre-adoption period monitored by Social Security. Finally, the court decrees the full adoption.
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