State Act

Portuguese Civil Code, 1867

Article 200 – Devolution of statutory guardianship – Legal guardianship shall be entrusted to the relatives of the minor, in the following order: 1. To the paternal grandfather or grandmother; 2. To the maternal grandfather or grandmother; 3. To the remaining lineal ascendants, with preference to the paternal relative at the same degree of ascendancy; 4. To the brothers or sisters, with preference to full blood siblings over consanguine siblings, and to these over uterine siblings, and within each of these classes with preference to the older ones; 5. To the brothers or sisters of the father or mother, with preference always to the paternal relatives, except if they are less capable; circumstances being equal, the eldest shall take preference. § Sole paragraph – Where male and female relatives compete at the same degree of relation, the former will take precedence over the latter, except if they are clearly less capable.