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Assisted Dying in Portugal 
Portugal has legally recognized the right to medically assisted death through Law 22/2023, though the practical implementation remains stalled due to ongoing constitutional reviews and regulatory delays.
Legal Status: Legal
he Law on Medically Assisted Death was enacted in May 2023, but full implementation has been suspended following subsequent Constitutional Court interventions in 2024 and 2025 requiring legislative amendments.
Key Legislation: Law No. 22/2023
which regulates the conditions under which medically assisted death is not punishable.
Eligibility
The law allows Portuguese nationals or legal residents who are adults, capable, and suffering from “great intensity” due to a serious incurable disease or definitive injury.
Summary
Portugal’s path to legalization has been one of the most complex in Europe, characterized by a prolonged “ping-pong” between the Parliament, the President, and the Constitutional Court. After five parliamentary votes and four presidential vetoes, Law 22/2023 was finally promulgated by President Marcelo Rebelo de Sousa in May 2023.
However, as of January 2026, the law is not yet fully operational. Following the law’s passage, further constitutional questions were raised regarding the specific regulation of the procedure—particularly the priority given to assisted dying over physician assisted dying. The Constitutional Court issued a ruling in April 2025 requiring clarifications, which has paused implementation until the new Parliament can amend the text.
Quick Overview
In Portugal, a law to legalise was passed but is yet to be implemented.
Portugese Penal Code
Click to view the More details.
The Portuguese framework introduces a unique distinction in European law: it prioritizes assisted dying over physician assisted dying.
Under the law, physician assisted dying is only permitted as a “subsidiary” method, meaning a doctor can only administer the lethal drug if the patient is physically unable to do so themselves (e.g., due to paralysis). This specific hierarchy has been a central point of contention in the Constitutional Court, which demanded precise definitions of “physical inability” to ensure legal certainty. Until these regulatory details are finalized by the Assembly of the Republic, no procedures can legally take place.
Medically Assisted death bill
for more info.
History and Legislation
The “long road” to legalization in Portugal has been defined by persistence in the face of institutional resistance.
Between 2020 and 2023, the Assembly of the Republic passed the bill five times.
Presidential Vetoes: President Marcelo Rebelo de Sousa, a conservative Catholic, used his powers extensively. He vetoed the bill twice on political grounds and sent it to the Constitutional Court twice for “preventive review,” citing imprecise concepts like “unbearable suffering” and “fatal condition.”
Promulgation (May 2023): In May 2023, after the Parliament voted to override his final veto with an absolute majority (supported by the Socialist Party, Left Bloc, and Liberal Initiative), the President was constitutionally obliged to sign Law 22/2023 into force.
Current Standoff (2025-2026): Despite promulgation, the law required a regulatory decree to become operational. In 2024, opposition MPs requested a “successive review” by the Constitutional Court. In April 2025, the Court ruled that while the principle of assisted dying is constitutional, specific articles regarding the choice between suicide and euthanasia needed tightening. This effectively sent the law back to Parliament for “re-amendment,” a process currently delayed by the dissolution of the Assembly and recent elections.
Who is Eligible?
Once the regulatory suspension is lifted, eligibility will be strictly limited to:
- Residency: Portuguese nationals or foreigners legally residing in Portugal. (Expressly excludes “medical tourism”).
- Age: Adults (18+).
- Capacity: The patient must be mentally capable and conscious at the time of the request. (Patients with dementia or those who have lost consciousness are excluded; Advance Directives/Living Wills do not apply to euthanasia requests).
- Condition:
- Serious and Incurable Disease; OR
- Definitive Injury of Extreme Gravity.
- Suffering: Suffering of “great intensity” (physical or psychological).
- Method:
- Assisted Dying (Priority): The standard method.
- Physician Assisted Dying (Exception): Permitted only if the patient is physically unable to self-administer.
Contact Direito a Morrer com Dignidade (Federation Member)
for more info.
Members
Our Portugese Members
We currently have 63 are members of the World Federation, with 1 based in Portugal.
latest news
The latest news from our members and from around the world
Our members produce helpful factsheets and newsletters. The Federation is always happy to share other sources of information in favour of our joint mission to advance assisted dying around the world.
