One of the most important events in the last 5 years in Cuba was the popular referendum for the approval of a new Family Code in Cuba. As a result, in September 2022, this new regulatory framework for family law in Cuba was ratified by a large majority.
The new Code replaces the 1975 Code and contains 474 articles that address issues such as equal marriage, same-sex adoption, and parental responsibility to replace the concept of parental authority, among other issues related to the way Cuban families are understood and recognized.
The new Code is characterized by its defense of equality, non-discrimination and solidarity, promoting affective and responsible education. At the same time, special emphasis is placed on the protection of vulnerable groups, which represent a growing percentage of the Cuban population.
General Changes Introduced by the New Family Code in Cuba
Since it replaced a very old code, the new one had to incorporate new concepts and adapt to new forms of family structure in order to accommodate the diversity of existing and future families in the country.
Before moving on to the provisions relating to family law and how it relates to migration, we provide a summary of the main general changes in the new Code.
Equal Marriage:
It guarantees the right of persons of the same sex to marry and enjoy the benefits of marriage, including same-sex adoption.
Parental responsibility:
It replaces the archaic concept of parental authority with an approach of parental responsibility that involves both parents in the upbringing of children, or those who acquire parental responsibility through family or adoption.
New forms of filiation:
By recognizing assisted reproduction and socio-affective unions as valid forms of family formation, it broadens the concept of family.
Solidarity pregnancy:
It authorizes surrogacy for non-commercial purposes, under certain conditions, in which it is demonstrated that this act of immense love is being performed for a loved one who needs it in order to form a family.
In the new code, how does migration work?
Migration can affect parent-child relationships, leading to conflicts over child custody and even child recognition, especially when one of the parents migrates.
The new Family Code seeks to align with immigration regulations to ensure that emigration does not prevent parents from exercising their parental responsibilities and participating in the upbringing and education of their children.
The law also recognizes transnational families, addressing issues such as inheritance and communication rights between family members separated by migration. However, there is a risk that a migrant parent’s exercise of parental responsibility may be interrupted if he or she fails to fulfill his or her role in the upbringing and support of the child.
However, there is no reason for this to happen, as the Cuban legal framework provides migrant parents with all possible means to protect their child and guarantee the child’s economic support.
Remote legal formalities
The great migratory wave that Cuba is experiencing causes the separation of many Cuban families, but if one of the parents lives outside of Cuba, they can still exercise their parental responsibilities.
If necessary, you can carry out legal procedures through powers of attorney, for which the Cuban consulate or embassy will provide the necessary legal services, in accordance with the rules established by both countries. For example: issue a power of attorney to authorize your child’s departure from Cuba.
Note: In any case, it is important to note that in order for a minor to emigrate, both parents must agree to his or her departure from the country, which may lead to conflicts if one of them does not agree with this decision.
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