The Family Code, approved in Cuba a little over a year ago and which allows surrogacy or “solidarity” pregnancy ― as it is called on the island ― “defends people in vulnerable or disadvantaged situations,” a Cuban expert considered this Wednesday.
The regulation guarantees “that there is no exploitation” of women, in the opinion of jurist Leonardo Pérez Gallardo, who was one of the drafters of this law.
The expert defended in Madrid that “it is better to control than prohibit” the so-called “rental wombs” ― or loans in the Cuban case since it is assumed that there is no economic remuneration, EFE news agency reported.
“As the law is written,” Pérez Gallardo estimated, “it is almost impossible for a situation of exploitation of the surrogate mother to occur,” because “all kinds of guarantees are given at a legal and health level.”
“To begin with, the surrogate does not provide her egg,” he clarified, “and, in addition, it is necessary to prove to the judge that there is a relationship of kinship or friendship with the baby’s parents and that there is no payment for the service.”
In his lecture titled “The Family Code in Cuba after a year in force”, the doctor in Legal Sciences from the University of Havana defended the “pioneer” nature of this legislative text that allows adoption by homosexual couples, address gender violence, and recognize rights that benefit children, the elderly and disabled people.
The aforementioned law is “a utopia” that the expert hopes “will become a reality” as its application spreads, since, as he acknowledged, “there are still many judges, notaries and consuls who do not base their decisions on the new code.”
In his opinion, “some legal operators still do not have sufficient training or do not know enough about the new law,” so “they continue to be governed by the previous law.”
“The change in mentality is not achieved overnight,” he concluded.
Surrogacy or “solidarity” pregnancy was recognized as one of the great novelties of the new Family Code approved on the island, which also assured homosexual couples the right to adoption.
In this type of pregnancy, a woman conceives a child for another person or couple, without receiving money in exchange, according to Cuban law.
Couples who participate in this process have generally exhausted all medical avenues for pregnancy and have been, either due to health or fertility problems, unable to achieve pregnancy.
Homosexual couples of men who wish to become parents also use this technique.
Since the inclusion of this modality in the Family Code, it has been necessary to modify several legal bodies until then in force in the country.
This is the case of the Decree Law approved in May of last year that extended the benefit of maternity ― or paternity ― leave to fathers and pregnant women through non-profit surrogacy.
Last January, the Cuban government decided to increase the maternity social benefit from 12 to 15 months.
EFE/OnCuba
