The referendum was the fulfillment of an election pledge by the governing Socialist Party of Prime Minister José Sócrates.

Prime Minister Sócrates nevertheless confirmed that he would expand the circumstances under which abortion was allowed, since a majority of voters had been in favour.

However, a small majority voted NO, 51 to 49 percent, and abortion legalization was not implemented.

The question in the referendum was: "Are you in agreement with the decriminalization of the voluntary interruption of pregnancy, if carried out, by the woman's choice, in the first ten weeks in a legally authorized health institution?

The new law, approved on 9 March 2007, allows abortions on request up to the tenth week.