Portugal Seeks Tougher Laws on Gender Change
Portugal’s parliament has advanced a draft law that would require individuals seeking to change their official gender to obtain backing from a doctor.
The first reading of the law was passed with votes from Prime Minister Luis Montenegro’s centre-right Social Democratic party, its allied conservative People’s Party (CDS-PP), and the far-right Chega party.
The move would effectively repeal a 2018 law that allowed Portuguese citizens over the age of 16 to register a gender change and name change through a simple legal request. Three texts in the draft bill will now be merged and put to a final vote.
“Decisions of this nature should not be made without the necessary clinical support,” Social Democrat lawmaker Andreia Neto said ahead of the vote.
Meanwhile, opposition Socialist deputy Isabel Moreira argued that the texts constituted “an attack on the health, dignity, and freedom of transgender and intersex people.”
The proposal has also been criticized by rights and medical groups. The Family Planning Association (APF) called parliament’s action “a political step backwards”, while the Portuguese Society of Clinical Sexology denounced a “scientifically unfounded” measure, likely to harm an already vulnerable population.
ILGA-Europe, an LGBTQ rights group, said that across the continent, “we are witnessing how some political parties have increasingly targeted trans and intersex people” by invoking “family protection.”
Current Rights
As of early 2026, transgender people in Portugal have the right to legally change their name and gender marker based on self-determination without medical requirements, thanks to Law No. 38/2018. The law prohibits discrimination based on gender identity/expression, protects intersex children from non-consensual surgeries, and ensures access to gender-affirming care through the public health system.
Key Rights and Protections
Legal Gender Recognition (Self-Determination): Adults over 18 can change their gender and name in records without a medical diagnosis or surgery.
Rights for Minors: Youth aged 16-17 can change their gender with parental consent and a psychological opinion, confirming a free decision.
Non-Discrimination: Anti-discrimination laws protect against discrimination based on gender identity, gender expression, and sex characteristics in areas like employment and education.
Bodily Autonomy: Bans exist against forced conversion practices and non-consensual surgical interventions on intersex children.
Healthcare Access: Gender-affirming healthcare is available through the public health system.
Usage Examples & Legal Context
Document Change: As of 2018, hundreds of people have used the law to update their identification documents, allowing them to better reflect their lived identities.
Educational Settings: Laws require that schools provide a respectful environment for trans children’s gender expression.
Important Context & Potential Changes
While legal protections are strong, this literature review on violence and discrimination shows that trans individuals still experience discrimination in daily life, such as in employment and at school. Furthermore, reports from March 2026 indicate that proposals are being debated that, if passed, could roll back some of these rights.
