The Cuban Family Code: A Year of Progress and Change

The Cuban Family Code: A Year of Progress and Change

A landmark year for the Family Code

Celebrations are underway in Cuba as the nation marks the first anniversary of the historic Family Code. The law, which was approved by 66.85% of valid votes in a nationwide referendum, has been praised by the Ministry of Justice (Minjus) for its successful implementation and significant benefits to the Cuban people.

Embracing the new provisions

According to Olga Lidia Pérez Díaz, the General Director of Notaries and Public Records at Minjus, the Cuban population has gradually begun to utilize the various provisions embedded within the Code. Notably, by the end of August, the Code saw 2,158 consent forms for access to assisted human reproduction techniques and 1,231 same-sex marriages, along with 96 de facto unions between same-sex individuals.

Impact on family homes and assets

The provision that has had the largest impact is the agreement for the disposal of the family home, with 5,112 deeds recorded. Conversely, other benefits such as marital agreements with separation or mixed assets were only used by 254 couples, a figure considered insignificant given that between 3,500 and 4,000 marriages occur in the country each month.

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Significant legal changes with high human value

While other legal changes have not been high in number, they have been highly significant due to their human value and sensitivity. Notably, there have been 82 recorded revocations of donations, mainly of homes, due to ingratitude from the beneficiaries. Additionally, 25 newborns have received their mother’s surname as their first surname, demonstrating a shift in traditional naming customs.

Creation of the National Directorate of Defense

A notable development in the past year was the creation of the National Directorate of Defense, a body subordinate to Minjus. Although it is still in its organizational phase, it has already represented two minors in inheritance rights cases in Havana and Matanzas.

Implementation challenges and improvements

Despite the successes, Minjus acknowledges that there have been delays in processing matters, errors in deeds and certifications, and inadequate responses to citizens’ inquiries. As a result, officials are focusing on self-preparation and an action model that includes sensitivity, good treatment, thorough explanations to individuals, and due diligence and reasonableness in what is arranged.

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Addressing conscientious objection

Interestingly, Minjus reported only one case of conscientious objection to formalizing a same-sex marriage when the Code first came into effect. The objecting notary subsequently resigned and was disqualified from exercising that function, marking a significant moment in the implementation of the Code.

Looking forward

As the Family Code marks its first year, it represents a significant step towards equality and inclusivity in Cuba. While there have been challenges in its implementation, the progress made so far promises a more equitable future for all citizens. The coming years will undoubtedly reveal further impacts and changes brought about by this transformative law.

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