Family
Código de las Familias 2022, approved by referendum, with equal marriage
The Código de las Familias, Ley 156/2022, was approved in a national referendum in September 2022 and replaced the 1975 family code. It opened marriage to same-sex couples, recognised de facto unions with registrable effects, introduced adoption by same-sex couples, and replaced parental authority with the concept of responsabilidad parental exercised in the child's best interest. It also recognised solidarity between multiple caregivers, reflecting extended Cuban household structures.
Key rules
- Jurisdiction — Municipal Tribunales Populares with family jurisdiction
- Deadline — De facto union: registrable, with effects from registration or from judicial recognition
- Deadline — Family proceedings: governed by the specialised procedure in Ley 143/2021
Governing law
- Ley 156/2022 Código de las Familias
- Ley 1289/1975former Código de Familia, repealed
- Ley 143/2021 del Proceso de Familia
- Ley 154/2022civil registry
In practice
Cuba is the only state in the region to have adopted marriage equality by popular referendum rather than by court ruling or ordinary legislation, which gives the 2022 code an unusual political durability. The shift from patria potestad to responsabilidad parental is not merely terminological, because it reframes the parent's position as a set of duties owed to the child rather than a power held over the child.