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It is my understanding that you need a release form if you publish the painting. I think you can use it in your portfolio, but it would be best to have permission to be fully protected. I have my clients sign a release when they sign the contract. They might specify no last names or choose to not give permission. Then it's up to you whether or not you want to move forward with the painting. If they want you bad enough, you can use that as leverage in getting them to sign. However, trying to get permission after the fact puts you in a weak position. I've been refused permission several times but chose to do the commission anyway.
Good luck.
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