Family Law: a year and a half standing in Congress
Since the adoption by the Council of Ministers in February 2024 of the Act on the Equality of Different Types of Families and the Improvement of Social Protection for Them, more than 50 extensions of the deadline for tabling amendments have been adopted, and no date has yet been set for the first debate.
Minister Bustinduy, during the press conference following the adoption of the law by the Council of Ministers.
TheFamily Act , adopted by the Council of Ministers in February 2024, has been paralysed in the Congress of Deputiesfor a year and a half.
This rule recognizes the diversity of types or situations of families and aims to improve the social protection provided to them. In particular, ithas three objectives: to seek legal recognition of family diversity and its equalization with the general legal framework, to improve the social protection perceived by the various types of family and to legally equate family situations.
The draft was approved by the Council of Ministers on the proposal of the Ministry of Social Rights, Consumption and Agenda 2030. At the press conference following that meeting, Minister Pablo Bustinduy stated that "social policy, and in particular that relating to the protection of families and children, has traditionally had a deficit in terms of public investment".
He said the rule "consolidates a network of support and support for families and the upbringing of children" and will serve to "deepen the freedom to develop individual life projects".
Family diversity
The rule legally recognizes all cases of single-parent families, adoptions, LGBT families and persons with disabilities among their members.
Similarly, the Government has deleted the term "large families" and established the terminology "families with greater need to contribute to growth".
This category includes families with four or more children, with three children in the event of multiple births, families with three children and a small income, single-parent families with two children, families with at least one parent or child with a 33 per cent disability, and families with two children headed by a victim of gender-based violence.
In cases of separation or divorce with joint custody, both parents shall have the family title necessary to contribute to the upbringing, and both may benefit from the benefits of being a large family.
On the other hand, the rule provides that single-parent families shall have priority in the choice of schools or access to protected housing, among others, and shall have 16 weeks of free access to children's education centres within 24 months of the birth of the child.
In the case of common-law couples , a national register shall be established and they shall have the same rights as married couples, in which case they shall receive a widow's pension, and in the event of the dissolution of the common-law couple, the dependent children may apply to the Maintenance Guarantee Fund.
In October 2024, the party led by Alberto Núñez Feijóo registered its proposal for a law on conciliation.
The Federation of Single Mothers' Associations (FAMS), for example, launched a campaign last May to denounce "institutional neglect".
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