Over the past 20 years, Family Law has undergone several amendments reflecting societal shifts, altering how certain family relationships are legally recognized and protected. These legislative changes reflect a progressive emphasis on equality, personal autonomy, and the best interests of the child. 

Marriage stands out as one of the most significant examples of this evolution. In 2006*, access to civil marriage was prohibited for same-sex couples. Law No. 9/2010 of 31 May removed this bar and amended Article 1577 of the Civil Code, redefining marriage as a "contract entered into between two persons who intend to establish a family through a full communion of life, under the provisions of this Code." By eliminating sex as a differentiating factor, the legal framework became more inclusive.

Notwithstanding equality in marriage, this did not immediately grant equal access to adoption. Years later, with the entry into force of Law No. 2/2016 of 29 February, existing barriers to adoption, civil godparenting (civil sponsorship), and other family law relationships were removed. Since then, same-sex couples have been permitted to adopt under the general provisions of the law, subject to individual assessments of candidate suitability and the child's best interests.

These amendments reflect an important transformation: Portuguese Law now legally recognizes a broader diversity of family structures.

The dissolution of marriage also underwent reform. Law No. 61/2008 of 31 October eliminated fault as a foundational ground for non-consensual divorce, shifting the focus to the definitive breakdown of the marriage. The law thus transitioned to recognizing non-consensual divorce rather than fault-based contested divorce.

In this context, and of particular relevance to the foregoing point, the term paternal authority was replaced by parental responsibilities. This terminological shift emphasizes parental duties toward children rather than authority over them, focusing on duties of care, education, and protection. Following separation, joint exercise of responsibilities regarding matters of particular importance serves as the general rule, subject to exceptions justified by the child's best interests. Thus, parenthood endures beyond the marital relationship.

Furthermore, Law No. 122/2015 of 1 September established circumstances in which child support payments must continue up to the age of 25. This continuation is subject to exceptions, notably where education or training is completed, voluntarily interrupted, or where enforcing the obligation would be unreasonable. Consequently, reaching the age of majority no longer automatically terminates this obligation.

Twenty years on, Family Law is more attuned to new realities and works to reinforce legal protections for individuals in diverse family structures - because the quality of a legal system is also measured by its capacity to protect the families living within it.

*Reference year for the comparison in this article.