Same-sex marriage in Cuba

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage has been legal in Cuba since 27 September 2022 after a majority of voters approved the legalization of same-sex marriage in a referendum two days prior.[1] The Constitution of Cuba prohibited same-sex marriage until 2019, and in May 2019 the government announced plans to legalize same-sex marriage.[2] A draft family code containing provisions allowing same-sex couples to marry and adopt was approved by the National Assembly of People's Power on 21 December 2021.[3] The text was under public consultation until 6 June 2022, and was approved by the Assembly on 22 July 2022.[4] The measure was approved by two-thirds of voters in a referendum held on 25 September 2022.[5][1] President Miguel Díaz-Canel signed the new family code into law on 26 September,[6][7] and it took effect upon publication in the Official Gazette the following day.[8]

Cuba was the first independent nation in the Caribbean, the first communist state, the fourth country in North America,[9] the eighth in Latin America,[a] and the 32nd in the world to legalize same-sex marriage.

  1. ^ a b "Cuba Family Code: Country votes to legalise same-sex marriage". BBC News. September 26, 2022. Archived from the original on September 26, 2022. Retrieved September 26, 2022.
  2. ^ Cite error: The named reference :1 was invoked but never defined (see the help page).
  3. ^ "Cuba aprueba el Código de Familias y avanza hacia el matrimonio igualitario". Swissinfo.ch (in Spanish). Havana. 22 December 2021. Archived from the original on 16 January 2022. Retrieved 16 January 2022.
  4. ^ Nelson Acosta (23 July 2022). "Cuba approves law change that opens door to gay marriage, other family rights". Reuters. Archived from the original on 2022-08-01. Retrieved 2022-07-22.
  5. ^ Rodriguez, Andrea (1 February 2022). "Cuba inicia consultas populares sobre Código de Familias". The San Diego Union Tribune (in Spanish). Archived from the original on 2022-02-04. Retrieved 2022-02-04.
  6. ^ @presidenciacuba (September 26, 2022). "En acto oficial, el Presidente de @AsambleaCuba, Esteban Lazo Hernández, y el Presidente de la República, @DiazCanelB, firmaron y refrendaron la nueva Ley del #CódigoDeLasFamilias, luego de la victoria en el Referendo Popular. #ElAmorYaEsLey" (Tweet) (in Spanish). Archived from the original on 2022-09-27. Retrieved 2022-09-27 – via Twitter.
  7. ^ "Ganó el Sí, se ha hecho justicia". Granma.cu (in Spanish). 27 September 2022. Retrieved 2023-02-02.
  8. ^ "Ley No. 156 "Código de las Familias"" (PDF). Gaceta Oficial de la República de Cuba (in Spanish). 27 September 2022. Retrieved 27 September 2022.
  9. ^ "Same-Sex Marriage Around the World". Pew Research Center. 17 May 2019. Archived from the original on 30 June 2017. Retrieved 23 May 2019.


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