Cuba’s family code recognizes diversity in families expanding rights for children, women, and LGBTQI+ people

Cuba’s Family Code (Código de las Familias or Law 156, 2022) aims to tackle discrimination and broaden the concept of the traditional family, by recognizing the diversity of family and domestic relations in the country. The new code affirms a wide range of rights and expands protections for children, women, LGBTQI+ groups, older adults, and people with disabilities. It was approved in 2022 by a national referendum, replacing the one in place since 1975.

In Cuba, the passing of the new Family Code in 2022 marked an important turning point in the country.¹ The previous family code adopted in 1975 (Codigo de la Familia or Law 1289 of 1975) only recognized families and marriages between a man and a woman, ignoring many realities of contemporary Cuban domestic relations.² For example, in the past, homosexuality was criminalized and prosecuted. Although same-sex relations were legalized in 1979, it was only in 2022 that same-sex marriage and families were recognized.³

The 2022 Cuban Family Code (Código de las Familias or Law 156 of 2022) replaced the previous family law and broadened the concept of the traditional nuclear family to acknowledge the diversity of Cuban families. Law 156 recognizes a wide range of rights for children, women, LGBTQI+ groups, the elderly, and people with disabilities.⁴ For example, the code affords the right of all persons to form and organize a family according to their choice. It legalized gestational surrogacy, same-sex marriage, and adoption. It also emphasized the concept of “parental responsibility” instead of “parental custody,” focusing on guaranteeing the best interests of the child.⁵ Parental rights were extended to non-traditional family structures, which means, for instance, that grandparents and stepparents can also take care of minors.⁶

Law 156 also incorporated guidelines to advance gender equality, such as the reinforcement of sexual and reproductive rights, the prevention of gender-based violence, and the promotion of the redistribution of domestic and care work among all family members.⁷ Under the new family law, corporal punishment and child marriage were prohibited.⁸

Implementation

Cuba drafted and approved a new Constitution in 2019, which included human rights protections.⁹ The new Constitution prohibits all forms of discrimination based on sexual orientation and gender identity and includes the right of all persons to form a family.”¹⁰ Same-sex marriage and adoption sparked a national debate.¹¹ Thus, the government decided not to address same-sex marriage explicitly in the Constitution.¹²

On September 25, 2022, the new Code was approved by referendum. About 67 percent of voters, nearly four million people, voted in favor and approximately 33 percent, or two million people, opposed the measure. ¹³ The referendum was backed by the government through a strong media campaign (although, the government owns all the media in the country).¹⁴ LGBTQI+ movements and women’s organizations supported the new code affirming it as vindication of their rights.¹⁵

Cost

Further details on the cost of implementation of the new Family Code are yet to be identified.

Assessment

Although many were in support of the reforms, some LGBTQI+ groups criticized the referendum as a proxy approval mechanism for LGBTQI+ people’s rights.¹⁶ They argued that the rights of minorities and vulnerable groups should not be subject to a popular vote since it exposes them to public scrutiny and discrimination.¹⁷ Opposing views were also expressed by conservative and religious groups, such as the Catholic and Evangelical churches.¹⁸ Some groups argued that the referendum was a smokescreen for repression and human rights violations by the government. The code was approved amid a financial crisis and growing demands for freedoms, rights, political and social transformations. In 2021, massive anti-government protests spread throughout the island.¹⁹

The full impact of the passing of the Family Code has yet to be determined as the law is new. However, after the law’s approval, there was an increase in lawsuits before the courts in matters related to divorce, alimony, child custody, and care, with more than 34,000 cases were submitted in 2022.²⁰ Additionally, 513 same-sex couples got married in the country by March 2023.²¹ LGBTQI+ groups stated that access to equal marriage improved their lives.²² The law is expected to contribute to penalizing domestic abusers and grant parental responsibility to grandparents, which is crucial given that many parents migrate and leave their children in the country with their own parents. ²³

Additional Information

The new Constitution and Family Code were approved in a context in which Raul Castro brought economic liberalization and political reforms to the island. It followed some years of public debate, which began in 2018, when the proposed draft was discussed in public consultations. Moreover, demands to recognize the plurality of gender identities and sexual-affective relationships entered public dialogue through the work of LGBTQI+ activists.²⁴

Some sectors warned that the new code could expand state intervention over minors, preventing them from leaving the island in the midst of one of Cuba’s most massive migration exodus.²⁵

Tags

• Building Solidarity
• Children & Youth
• Cuba
• Gender
• Justice
• Latin America & the Caribbean
• LGBTQIA+
• Middle-Income Country
• Political & Civic Participation