It is a very short law, with only 5 articles: article 1 states that the law’s purpose is to allow same-sex couples to marry, article 2 changes articles 1577,1591, and 1690 of the Civil Code (concerning the definition of the marriage contract and the responsibility for debts incurred by one of the spouses), article 3 states that married same-sex couples cannot adopt (and even goes on to say, in section 2, that no legislation on adoption shall be construed in a sense contrary to this prohibition), article 4 repeals article 1628(e) of the Civil Code (that considered «non-existent» a marriage between two persons of the same-sex), and, finally, article 5 states that all legislation concerning marriage and its effects shall be construed «in light of this law» (notwithstanding the prohibition contained in article 3).

Therefore, from now on it’s official: same-sex couples will be able to marry in Portugal.

Miguel Freitas

Law no. 9/2010