Reforms to the legal system and the family code in Cuba

Alexis Ginarte, President of the National Union of Jurists of Cuba, and Juana RandichThe President of the Board of Santiago de Cuba visited the CLACSO headquarters in Buenos Aires to explain the scope of the reforms to the legal system and the family code in the Caribbean country.

The new regulations came into effect at the end of September 2022 after their approval by popular referendum. Law 156/2022 replaces the Family Code approved in 1975 and ensures the continuity of the rights enshrined in the Constitution approved by the Cuban people in 2019, also through a referendum.

Among other novel provisions, it includes same-sex marriage and surrogacy, adoption by same-sex couples, the prohibition of child marriage, addresses gender violence, and recognizes rights that benefit children, the elderly, and people with disabilities.

By recognizing the right of all people to form a family and organize it according to their decision, this law settles historical debts of Cuban society and recognizes the plurality and diversity of its family models.

Thus, Cuba becomes the 34th country to legalize same-sex marriage, either partially or fully. Furthermore, the new Family Code opens the door to adoption by LGBTQ+ couples and to non-profit surrogacy.

Interviewed by Gustavo Lema