The notion that grandparents' help for their grandchildren is a gesture of affection rather than a legal obligation has gained traction following a post on a Madeiran social media group. An examination of the Portuguese Civil Code and the Law on the Protection of Children in Danger confirms there is no legal duty for daily care.
Article 1887.º-A of the Civil Code guarantees a child's right to interact with their grandparents but does not impose a duty on grandparents to care for them. Situations where grandparents assume the upbringing of grandchildren typically arise from voluntary family agreements, support measures with another relative in cases of child endangerment, or guardianship orders when parents are incapacitated.
However, the situation differs regarding the provision of maintenance. Article 2009.º of the Civil Code includes grandparents among those obligated to provide financial support to grandchildren if legal guardians fail in this duty.
