The project to legalise 'post mortem' insemination in the Medically Assisted Procreation (PMA) law originated from a legislative initiative by citizens, launched by a woman who wanted to become pregnant with her husband, but who has already died.
The law allows insemination in the case of couples in which the man can sign a declaration for the use of his semen after his death. The law applies to married and unmarried partners.
Post-mortem insemination can happen if the man has made clear instructions to that effect or if the woman shows evidences in "the existence of a clearly agreed and established parental project", according to the text of the law agreed between the parties in parliament.
The law further stipulates that anyone who disrespects the law - "with the intention of obtaining his own gain or causing harm to someone" - can be "punished with a prison sentence of up to two years or a 240-day fine".
Children born from 'post mortem' insemination are considered to be the deceased's children.
The proposal of the Citizens' Legislative Initiative (ILC) - which gathered more than 20 thousand signatures and which was promoted by Ângela Ferreira, who intends to become pregnant with her husband who died - and of the BE, PS, PCP and PAN projects approved in general on the day 23 October, 2020 were discussed in the specialty by a working group created for this purpose.
Heard on 18 March by the working group, Judge Eurico Reis, of the ILC Representative Commission, considered the work carried out "very fruitful" and stated that the prosecuting commission abdicated its proposal in favour of the common text, which contemplates "all issues raised" by the citizens' initiative.
In the final global vote, the bill had the votes in favour of PS, Bloco de Esquerda, PCP, PAN, and Verdes, Liberal Initiative and the two non-registered deputies Joacine Katar Moreira (ex-Livre) and Cristina Rodrigues (ex-PAN). The PSD, CDS-PP and Chega voted against it. Five PS deputies abstained.