Cubans already have available the new Family Code that will be submitted to popular consultation between February 1 and April 30. The text, which was approved in its twenty-third version by the National Assembly last December 21, was published this Wednesday in the Official Gazette.
In it, as advertised the previous version of the document, equal marriage is recognized, by defining it as “the union voluntarily arranged by two people with legal aptitude for it, in order to live together, on the basis of mutual affection, love and respect.”
In the same way, the de facto union is included, “established between two people for the purpose of leading a life project in common, supported by affections, in a lasting or stable manner”.
Another recognition within families in the new provisions is “full equality between women and men, to the equitable distribution of time devoted to domestic work and care among all family members, without overloading any of them.”
The new Family Code, which will replace the previous one, from 1975, “breaks paradigms” and is based on “inclusion”, had advanced Leonardo Pérez Gallardo, professor at the Law School of the University of Havana.
Thus, the first pages recognize the right to “full development of sexual and reproductive rights in the family environment regardless of sex, gender, sexual orientation and gender identity, disability situation or any other personal circumstance”, although, document specifies, “age appropriate”.
Another recognition within families is “full equality between women and men, to the equitable distribution of time devoted to domestic work and care among all members of the family”
The Code, as was also known from the previous version of the bill, eliminate child marriage, until now allowed in Cuba with parental leave from 14 years for girls and 16 for boys.
One of the most striking novelties of the new civil law is the recognition of the right to form a family and, with it, assisted reproduction and, notoriously, “solidarity gestation”.
The so-called surrogacy, which consists of implanting a fertilized egg in a “surrogate” pregnant woman, which has no biological relationship with the future child, is a highly controversial option, allowed in very few countries. It is only regulated in Canada, some states of the USA, Russia, Ukraine, Georgia, Greece, the United Kingdom, Australia and India, and subject to many conditions.
In the case of the Family Code that will be debated, it is established that “it proceeds between people united by family or emotionally close ties, for the benefit of women with any medical pathology that prevents pregnancy, sterile people, single men or couples of men, as long as the health of those who intervene in the medical procedure is not endangered “.
The regulation does not exclude foreigners, which means that they may resort to this process, for which, according to the text, “any type of remuneration is prohibited.” This saves “the legal obligation to provide maintenance in favor of the conceived and the compensation of the expenses generated by the pregnancy and childbirth.”
In any case, the new Code determines, the parties require “judicial authorization.”
For a judge to grant this permission, it will take into account, among other requirements, that “the use of another assisted reproductive technique has been exhausted or has failed”, if “the best interests of the child have been taken into account May she be born “, the full discernment and good health of the future pregnant woman and that she has not previously undergone a similar process.
The Cuban government has not yet informed when the Code that comes out of the popular consultation will be submitted to a referendum.
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