This article provides a practical and up-to-date overview of three key areas of legal protection for expatriate children residing in Portugal: parental responsibilities, access to education and healthcare, and the legal framework applicable in separation scenarios involving international elements.

1. Parental Responsibilities: A Child-Centred Legal Regime

In Portugal, the concept of parental responsibilities has replaced the former notion of "parental authority," reflecting a more modern and child-centred approach. This regime applies to all children residing in Portugal, regardless of their parents' nationality or migration status.

As a rule, both parents retain joint parental responsibilities even after separation or divorce. Consequently, major decisions concerning the child’s life—such as determining habitual residence, selecting educational institutions, consenting to medical treatment, or authorising international travel—must be made by mutual agreement.

In the absence of consensus, either parent may submit the matter to the court. Judicial decisions are always guided by the best interests of the child, taking into consideration, among other factors, emotional stability, the preservation of meaningful family bonds, and each parent’s capacity to provide adequate care.

2. Education and Healthcare: Rights Guaranteed to All Resident Children

The Portuguese legal system guarantees access to education and healthcare for all children residing in the country, irrespective of their background.

Public education is free of charge up to the end of secondary school, and many schools offer linguistic and curricular integration programmes for children who are not yet proficient in Portuguese, in coordination with the Ministry of Education. In addition to public schools, there is a wide range of international and private schools following foreign curricula, providing a valid alternative for families wishing to maintain continuity in their children’s global educational pathway.

In terms of healthcare, the National Health Service (SNS) ensures universal access to medical care, with exemption from user fees for individuals under the age of 18. Registration with a local health centre and the assignment of a healthcare user number are essential steps for accessing paediatric services, vaccinations, and routine medical consultations.

3. Separation Involving International Elements: Jurisdiction and Recognition of Decisions

In separation cases with international elements – such as when one parent resides abroad or the marriage was celebrated in another country – complex legal questions may arise regarding jurisdiction and applicable law.

Portugal is a party to several international legal instruments governing these matters, including:

  • Council Regulation (EU) 2019/1111 of 25 June 2019 (Brussels IIb Regulation), applicable among EU Member States, which sets out rules on jurisdiction, recognition, and enforcement of decisions relating to parental responsibility and the dissolution of marriage;

  • and the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which aims to prevent and address the wrongful removal or retention of children across international borders.

These instruments promote the mutual recognition of judicial decisions between countries and often enable effective child protection in cross-border situations. However, their practical application can involve additional challenges, and it is advisable to seek specialised legal assistance, particularly in matters such as residence permits, international relocation involving minors, or applications for the return of a child to their habitual residence.

Credits: Supplied Image; Author: Client;

by Andreia Morgado Duarte - Senior Associate , from CCA Law Firm.