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A Comprehensive Overview of Spain's Recent Family Legislation

Introducing Spain's Latest Family Law: A Step towards Equality and Ease

After extensive negotiations spanning over a year, the Spanish government has finally given its seal of approval to the highly anticipated Family Law, locally known as the Ley de Familias. This legislation aims to simplify the lives of families by granting similar rights to unmarried couples as those enjoyed by married couples. The bill received preliminary approval in December 2022, followed by thorough debates and subsequent approval by the Spanish cabinet on Tuesday, March 28th. Now, let's delve into the details of Spain's new Family Law, highlighting its five most notable clauses.

Enhanced Support for Single-Parent Families

Under this recently passed law, single-parent families with two children will be entitled to the same benefits and discounts previously limited to "familias numerosas" (large families). Moreover, families with two disabled children, those headed by victims of gender violence, and individuals who have obtained sole custody without financial assistance will also be included in this category.

Additionally, a newly introduced category called "Families with the greatest support needs for upbringing" will encompass both "familias numerosas" and single-parent families with two children. Previously, this category solely consisted of families with five children, but now families with four children, as well as those with triplets, will be included. Furthermore, families with three children and a low income (up to 150 percent of the IPREM, equivalent to 600 euros per month in 2023), will also benefit from this category.

Recognition of Diverse Family Structures

The new Family Law in Spain ensures the recognition and equal rights of all types of families. This includes common-law partnerships, who will now have the same entitlement to a 15-day leave for registration purposes as married couples. Moreover, LGBTQ+ families, families with disabilities, adoptive or foster families, and blended families with children from different partners will receive special protection under the law. Furthermore, the children of unmarried couples can now be registered in the official registry by the non-pregnant parent.

Monthly Allowance for New Mothers

Mothers with children aged 0 to 3 years will now receive a monthly parenting allowance of 100 euros per child (125 euros for single-parent families), regardless of their employment status. Previously, this benefit was exclusively available to employed mothers; however, it has been extended to all mothers, including those receiving unemployment benefits or working part-time.

Paid Leave for Caring for Ill Family Members

One of the significant advantages of this newly approved legislation is the provision of five days of paid leave for parents to attend to an ailing child, grandparents, siblings, or grandchildren. In the case of cohabiting partners or flatmates, up to five days of paid leave can be taken for hospitalization or non-hospitalization-related surgeries. Additionally, individuals will have access to four days of paid leave per year for family emergencies, including accompanying a partner to a medical appointment.

Parents will also be granted eight weeks of unpaid leave that can be utilized intermittently until their child reaches eight years of age. This leave can be availed for various reasons, such as changing schools or addressing difficulties the child may be facing. Moreover, families who adopt or foster children will now receive the birth subsidy, and the orphan's pension will be extended until the child reaches the age of 26. Parents will also have the opportunity to take leave to care for a child with cancer or severe illnesses until the child turns 26, provided they have a disability. The legislation will be gradually implemented, starting with six weeks of unpaid leave in 2023 and extending to eight weeks in 2024.

Exclusion of the "Parental PIN" Ban

While the initial draft of the law had included a ban on what is commonly known in Spain as the "Parental PIN," the government ultimately decided not to approve this prohibition. The "Parental PIN" referred to a veto that allowed parents and guardians to restrict their children's participation in supplementary school workshops that presented content conflicting with their beliefs or values. However, the final version of the law did not incorporate this ban.

 

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