Pride Month Highlight: Cuba’s New Family Code

On September 25, 2022, Cuba passed a new “Families Code” in a national referendum in which 67% voted in favor of adopting this code into law. Over 6 million Cubans living outside and inside of Cuba participated in the referendum which has cemented and expanded LGBTQAI+, women’s, children’s, and elders’ legal rights in Cuba.

Trans Rights in Cuba

Trans people in Cuba have had access to free, gender affirming surgery and health care since 2008. Additionally, in Cuba, trans folks can correct their legal names and gender on official documents without surgery since 2013. Cuba also has a national network of trans people and supporters called TransCuba, designed to provide support and family counseling and build social awareness about trans issues across the country.

Cuba’s New Families Code

The new families code expands on the rights of the LGBTQAI+ community and families by expanding the definition of family. Some important highlights of the Families Code include:

– It protects the rights of same-sex parents to build a family whether that is through marriage, adoption, or assisted reproduction.

– Equal marriage and adoption rights regardless of gender or sexual orientation.

– Parental rights can now be shared among extended and “non-traditional” family structures, including grandparents, stepparents, and surrogate parents.

– The right to assisted reproduction.

– The extension of labour rights to those who care full-time for children, seniors, or people with disabilities.

– The right to a family life free from violence.

– The codification of domestic violence penalties and the outlawing of corporal punishment. Additionally, in Cuba a parent’s decision to disown an LGBTQIA+ child is considered domestic violence and is punished accordingly. 

This new Families Code was not only written by lawyers, politicians or legislators. It was the result of the research and work over many years by sociologists, psychologists, doctors, statisticians, social workers, and other social institutions in Cuba.

The debates and discussion on the contents of the Families Code took place throughout Cuba over many months in workplaces, community centres, and in the media. Cuba’s Families Code referendum was important proof of the relationship between the Cuban people and the leadership of the revolution including the government, state, and the popular mass revolutionary institutions such as the Federation of Cuban Women (FMC), the Cuban National Center for Sex Education (CENESEX), the University Student Federation (FEU) and others.