Legitimate son of the Family Code. These are the words used to describe Legislative Decree No. 71, issued by the Council of State and which came into force just a few days ago. The event deserves a bracket that goes beyond the mere news.
Despite its novelties, this decree-law is not a loose proton in the Cuban legal system. And reason helps us by underlining it. The regulation in question amends Legislative Decree no. 56 on maternity of the worker and family responsibilities.
No. 56, also signed by the Council of State in October 2021 – as we have already emphasized when it came into force – on the one hand expanded the guarantees and rights of working mothers and working fathers in the areas mentioned and advocated the protection of motherhood in the governmental and non-governmental sphere on the other hand, a stronger involvement of the family in the care and supervision of underage children.
In accordance with the spirit of the new code, it must be amended to regulate the rights of workers intervening in the solidarity pregnancy and to adapt to the subjects the benefits and benefits that arise as a result of the existing family pluralism in the EU current Cuban society.
And because reason demands it, it’s worth a digression, especially for those who don’t know to some degree or at all what solidary pregnancy is. According to Decision No. 1 151/2022, Regulation of Assisted Reproduction in Humans, of the Ministry of Public Health, solidary pregnancy consists in the transfer of embryos through the implementation of a high-tech assisted reproduction technique on a suitable person in order to obtain a pregnancy to achieve the pregnancy to develop childbirth.
The question arises: Who benefits from this technology? The above resolution states this: women who prevent pregnancy for medical reasons, members of male homoaffective couples and single men.
It is known that solidarity, which favors the exercise of everyone’s right to a family, became one of the most controversial points during the referendum.
Moreover, the Family Code, in its intention to deflect skepticism, makes it clear that solidarity pregnancies only take place for altruistic reasons and human solidarity, between people who are linked by close family or emotional ties, and provided that they protect the health of those involved do not compromise in medical procedures.
We should also not disregard another noteworthy detail: it is carried out for the benefit of the person or people who wish to assume motherhood or paternity and are prevented from doing so for medical reasons that make it impossible for them to conceive, or if they are single men or male couples.
In order to avoid second interpretations, the Code clearly states: Any kind of remuneration, gift or other benefit is prohibited, with the exception of the legal obligation to provide food for the benefit of the pregnant woman and the compensation for costs arising from pregnancy and childbirth.
What is regulated by Cuba in this last case corresponds to what applies in the United Kingdom, Australia, Canada, Brazil and Mexico, countries that do not allow compensation for pregnant women; and it distances itself from the laws of the United States, Russia, Ukraine, Georgia and India, since this practice is carried out in exchange for economic compensation, Cuban scholars point out.
The fact that our Constitution protects the right of everyone to found a family, because everyone is equal before the law, does not imply that no other rules are laid down in the event of recourse to solidarity pregnancy, the implementation of which requires prior judicial authorization is; An understandable requirement not only because of its novelty as a procedure, but also because of its ethical and human implications.
In addition to the aspects already mentioned, the granting of a judicial authorization must take into account, among other things, that both the person(s) and the future representative have reached the age of 25; and that, where appropriate, the use of other assisted reproductive techniques has been exhausted or failed.
Equally important to the above, the Code lists other points to consider when granting court approval, such as: B. Good judgment, good physical and mental health, and the age of the prospective surrogate to successfully complete the pregnancy; who does not provide her egg cell and has not gone through a previous solidary pregnancy process. And, of course, the lack of retaliation must be verified.
Each of these postulates integrates the ABC with the actions of the Provincial Directorate of Justice in Sancti Spíritus, which signs 81 public deeds of consent to implement the deed of solidarity, reported essentially in the municipalities of the capital and Trinidad the entry into force of the Family Code by the end of April.
The possibility of a solidary development advocated by the new legislation exceeds the limits of its legal relevance and receives unexpected human resonance. And we allow ourselves some statistics to illustrate this. At the end of last year, the Infertile Couple Care Program reported more than 4,420 women discharged in the condition, and despite personal and institutional efforts, 281 pregnancies were achieved, according to a report from the provincial health department.
In line with this, Legislative Decree No. 71 has just come into force, which lays down the legal regulations for the protection of the surrogate mother and the mothers and fathers, i.e. those who prove the paternity of the minor.
Grosso modo, what does the new legal document regulate? The regulation provides that the assisting pregnant woman has the right to take maternity leave before and after childbirth and again after this period, in addition to all the benefits already established in Legislative Decree no. 56 for the stage of pregnancy to be accepted into the profession.
What rights do the intended parents have? First, to enjoy the six full days or twelve half days paid leave to accompany the supporting pregnant wife. After the birth of the minor, the main person taking care of the daughter or son is entitled to a postpartum leave for a period of 12 weeks with a payment of 100 percent of the salary and after that, take the benefit of 60 percent of their average monthly salary.
Overall, therefore, it can be confirmed that Legislative Decree no. 71 is a legitimate child of the Family Code.
