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Cuba Family Code
The latest family code in Cuba, with its progressive provisions regarding LGBT+ rights, recognition of women’s household work, strong measures against gender violence and child protection, has the potential to usher in a democracy within Cuban families. This spirit of democracy will eventually have a considerable impact on the political dynamics and power structures within the country.
On 25 September 2022, Cuba ratified the most inclusive and progressive family code in the world. The family code legalises same-sex marriage and guarantees adoption rights to same-sex couples. Political scientist Rafael Hernandez even hailed the referendum as the “most important human rights legislation” in Cuba since 1959 Cuban Revolution (ANI 2022 and DW COM 2022). In addition, the family code recognises “solidarity gestation”1 (Cuba Family Code 2022 uses the term solidarity gestation to denote surrogate pregnancies), prenuptial agreements2 and assisted reproduction.3
It also recognises women’s work in the house, encourages men and women to equally share the household chores and responsibilities, extends labour rights to caregivers who care full-time for children, the elderly as well as people with disabilities and addresses the issue of violence in family.4 It redefines the legal concept of family in such a way that it allows the parental rights to be shared among grandparents, step-parents and surrogate mothers.
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