Main Law references

In Portugal, the law regulating organ donation is Law No. 12/93 of April 22. This law applies to nationals, stateless persons and foreigners residing in Portugal.

Law n. 22/2007 of 29 June 2007: partially transposes Directive n. 2004/23/EC of the European Parliament and the Council amending Law n. 12/93 of 22 April on the collection and transplantation of organs and tissues of human origin.

Law No. 2/2015 of January 8: this law makes an amendment to Law 36 of 2013 (approving the quality and safety assurance regime for organs of human origin intended for transplantation).

Expression of consent or dissent to the donation and organs that can be donated

In Portugal, donation is by “silence-consent”. Those who wish to oppose organ donation must express their dissent by registering in the RENNDA (National Register of Non-Donors). Except with the consent of the legitimate party, it is prohibited to reveal the identity of the donor or recipient of the organ or tissue. With regard to minors, the law states that in the case of minor donors, consent must be given by the parents, provided they are not inhibited from exercising parental authority, or, in case of inhibition or lack of both, by the court. The donation of tissues or organs from minors who are able to understand and express their own will also requires their consent.

living donation: according to the law, only the removal of regenerable substances in life is authorized, however, the donation of organs or non-regenerable substances can be allowed when there is a relationship between donor and recipient up to the 3rd degree.

The removal of organs and tissues from a living person may only be carried out in the therapeutic interest of the recipient and provided that no suitable organ or tissue is available from a post-mortem donor and there are no other alternative therapeutic methods of comparable effectiveness.

Donation and removal of non-regenerative organs or tissues is always prohibited when involving minors or other incapacitated persons.

Donation and removal of non-regenerative organs or tissues is always prohibited when involving minors or other incapacitated persons.

Donation and removal of organs, tissues, or regenerative cells involving minors or other persons with disabilities may be performed only when the following cumulative requirements are met:

a) Absence of a matched donor;

b) The recipient is a brother or sister of the donor;

c) The donation is necessary for the preservation of the recipient’s life.

Regarding post-mortem donation, “All national citizens, stateless persons and residents of Portugal who have not manifested their non-donor status to the Ministry of Health are considered potential post-mortem donors.”