The project of the Cuban Family Code, under discussion since last February 1, gets rid of concepts that seemed immovable and includes others that are not contemplated in the current regulations, among them the term solidarity gestation, a practice until now illegal in the country.

According to the current regulation, the birth process, a condition that is intended to be changed with the new proposal, determines motherhood. Solidarity gestation, better known as surrogate motherhood or surrogate motherhood, allows a woman to conceive in her womb the child of another person or couple who will assume parental responsibility.
This provision, defined in article 128, is established "for the benefit of women with a medical condition that prevents pregnancy, infertile people, single men or male couples."
Heterosexual couples who request this assisted reproduction method generally do not achieve pregnancy due to uterine anomalies, repeated miscarriages, and ineffectiveness of in vitro insemination or other conditions. Meanwhile, single parents or male homosexual couples who cannot conceive naturally due to their anatomy can contribute their genetic material.
There is a more conservative part of the population that opposes this procedure although surrogate motherhood is an increasingly common technique. Several feminist groups have positioned themselves against the process, considering that women are not "reproductive machines" or "recipients." The "commodification" of the female body is one of the most used arguments to disapprove of this practice. And yes, it's easy to cross the line between an altruistic breeding method and a business.
For this reason, the section referring to surrogate motherhood in version 24 of the Family Code prohibits "any type of remuneration or gift", beyond the obligation to provide food and compensate for expenses generated during pregnancy and childbirth. Hence, in the text the process is defined only as solidarity gestation.
In addition, the Bill prescribes a set of requirements to legalize the process. The most important ―and without which surrogacy would not be valid― is the need for judicial authorization before starting the medical procedure.
This condition takes into account that the future surrogate mother has not gone through the same process before, that the intended parents have exhausted the use of another form of reproduction and that there is no financial compensation.
How solidarity gestation is carried out
The pregnant woman (surrogate womb) receives the eggs and sperm from the intended parents (couple who cannot conceive), that is, the pregnant woman contributes the gestational capacity of her uterus, but has no biological link with the fetus because the gametes come from other people. This typology is known as full surrogate motherhood.
In the event that the mother cannot contribute her genetic material, the most recommended is to use eggs from an anonymous donor, or from the surrogate mother herself after signing a prior legal agreement. This option is called partial surrogacy.
Global picture
If the provisions on solidarity gestation were approved, Cuba would be one of the few nations in the world that legalizes the procedure. In most countries, there is a legal vacuum around the practice: it is not allowed, but it is not penalized either.
Regulations vary with more or less restrictive statutes. In the case of Australia and South Africa, surrogacy is only possible for residents. In contrast, the laws of the United States, Canada and Russia also include foreigners.
Generally, these legislations indicate the necessary requirements to carry out the method, including aspects such as who can carry out the process, how the filiation of the minor is established and the rights and obligations of the surrogate mother and the intended parents.