Law reinforces rights during pregnancy and childbirth and creates protection council

The Assembly of the Republic approved Law No. 57/2026, published in the Diário da República, 1st series, no. 163, of August 24, 2026, which amends Law No. 33/2025, of March 31, regarding rights during pregnancy, childbirth, and the puerperium, and Law No. 15/2014, of March 21, which consolidates the rights and duties of health service users. The regulation comes into force on the day following its publication, and the Government must regulate it within 90 days.

The law was approved on July 17, 2026, promulgated on August 13 by the President of the Republic, António José Martins Seguro, and countersigned on August 14 by the Prime Minister, Luís Montenegro. The decree was signed by the President of the Assembly of the Republic, José Pedro Aguiar-Branco, and has the official reference 119949451.

National Council for the Protection of Pregnancy and Perinatal Care

The main novelty is the creation of the National Council for the Protection of Pregnancy and Perinatal Care, which operates under the Ministry of Health and is responsible for awareness campaigns, the preparation of an annual report, and the definition of national monitoring indicators for rights during pregnancy, childbirth, and the puerperium.

The Council is composed of nine members:

• a president appointed by resolution of the Council of Ministers, upon proposal by the government member responsible for the health area;
• five user representatives, including representatives from associations defending rights during pregnancy and childbirth, elected by the Assembly of the Republic;
• one professional from the field of maternal and child health or gynecology and obstetrics, appointed by the Directorate-General for Health;
• two experts appointed, respectively, by the Medical Association and the Nursing Association.

Substantiated recording of childbirth acts

The law now mandates that all medical or nursing acts performed during childbirth be recorded, indicating the respective clinical justification, in accordance with the guidelines of the Directorate-General for Health. The record must include the information provided to the woman, the informed consent obtained or the refusal, as well as the clinical justification for emergency situations.

After childbirth, the woman has the right to receive clear information about the procedures performed, with access to the recorded information being a right guaranteed by the care-providing institutions. Whenever there are indications of repeated non-compliance with clinical or legal standards, a clinical audit may be ordered.

Satisfaction questionnaires and mental health monitoring

Healthcare establishments providing care during pregnancy, childbirth, and the postpartum period must provide, on a voluntary, confidential, and accessible basis, a satisfaction questionnaire regarding the experience, the model of which is defined by the Directorate-General for Health, after consulting the Council. The results are processed in aggregate form and are included in the annual report.

The law further adds the right to mental health support: women who report negative experiences during pregnancy, childbirth, or the postpartum period must receive support and counseling within maternal health structures, with guidance, whenever necessary, from the mental health services of the National Health Service (SNS). Healthcare establishments are also required to post posters, in accessible formats, with information regarding the protection regime and the entities to whom inappropriate, disrespectful, or non-consensual practices should be reported.

The measure directly affects all pregnant women and health services, reinforcing the transparency of the care provided and the participation of women in decisions regarding their childbirth, within a framework of greater humanization and protection of rights in maternity.

Source: Diário da República, 1st series, no. 163, August 24, 2026 (official reference: Law no. 57/2026, of August 24).