Yes, home births are legal in Portugal under strict conditions.
Home births are permitted but require mandatory registration with the Serviço Nacional de Saúde (SNS) and adherence to protocols set by the Direção-Geral da Saúde (DGS). Midwives must be certified by the Ordem dos Enfermeiros, and emergency transfer protocols to hospitals must be pre-established. Since 2023, the DGS has tightened oversight, mandating midwife-led teams to report births to local health units within 48 hours. Non-compliance risks legal penalties under Decree-Law 70/2023, which aligns with EU maternal health directives.
Key Regulations for Home Births in Portugal
- Mandatory Midwife Supervision: Only certified midwives registered with the Ordem dos Enfermeiros may attend home births. Obstetricians may co-lead only in high-risk cases, per DGS Circular 015/2024.
- Health Unit Coordination: Births must be pre-registered with the nearest Unidade de Saúde Local (USL), which verifies compliance with hygiene and emergency protocols.
- Emergency Transfer Obligations: A signed agreement with a nearby hospital for immediate neonatal transfer is compulsory. Failure to secure this voids legal protections under Lei n.º 90/2021.