A guide to Spain's new Family Law

After over a year of negotiations, the Spanish government has finally approved its highly anticipated Family Law, known in Spain as the Ley de Familias, which includes provisions such as extended paid leave for caring for sick children and a new monthly child benefit of 100 euros. The bill was initially pre-approved in December 2022 and had to be debated and passed by the Spanish cabinet before receiving final approval on Tuesday, March 28th. So, what is the new Family Law in Spain? The law aims to make life easier for families and grants similar rights to unmarried couples as those of married couples, also touching on unmarried fathers' rights in Spain. Here are the 5 most significant clauses of the legislation in our guide to Spain's new Family Law. 

Additional benefits for single-parent families 

The newly passed law will extend the same benefits and discounts to single-parent families with two children as those granted to "familias numerosas" (large families). Additionally, families with 2 children with disabilities, those headed by a victim of gender violence, and spouses who have obtained sole custody without financial support will also be included in this category. 

A new category will be created called "Families with the greatest support needs for upbringing," which will encompass "familias numerosas" and single-parent families with 2  children. Previously, only "familias numerosas" with 5 children were included, but now those with 4 children, as well as families with triplets, will also be included. Furthermore, families with 3 children and a low income (up to 150 percent of the IPREM, which will be 600 euros per month in 2023) will also be part of this category.

Paid leave to care for sick family members

One of the key benefits of the newly approved legislation is the provision of 5 days' paid leave for parents to care for an unwell child, as well as other family members such as grandparents, siblings, and grandchildren. 

In the case of cohabiting partners or flatmates, up to 5 days' paid leave may be taken for hospitalisation or surgery without hospitalisation. Additionally, up to 4 days of paid leave per year will be available for family emergencies, such as accompanying a partner to a medical appointment. 

Parents will also be granted 8 weeks of unpaid leave that may be used intermittently until their child reaches 8 years of age. This leave can be used for various reasons, such as when a child needs to switch schools or is experiencing difficulties. 

The birth subsidy will also be extended to families who adopt or foster children, and the orphan's pension will be extended until the age of 26. Parents will also be able to take leave to care for a child with cancer or serious illnesses until the child reaches the age of 26 if they have a disability. The legislation will be rolled out progressively, with six weeks of unpaid leave in 2023 and eight weeks in 2024.

100 euros per month 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. This benefit was previously only available to employed mothers, but it will now include all mothers, including those who receive unemployment benefits or work part-time. 

The law aims to recognise ‘all forms of family’

The new Family Law in Spain ensures that all types of families are recognised and granted equal rights. This includes common-law partnerships, who will now have access to the same 15-day leave entitlement for registration purposes, just like married couples. 

The law also recognises LGBTQ+ families, families with disabilities, adoptive or foster families, and multiple families with children from different partners, who will receive special protection. Furthermore, the children of unmarried couples can now be registered in the registry by the non-pregnant parent.

“Parental PIN” ban not included 

The original draft of the law had included a ban on what is known in Spain as the ‘'Parental PIN”, which was aimed at preventing parents and guardians from denying access to information on family diversity. The “Parental PIN” is essentially a veto that allows parents to prevent their children from participating in complementary school workshops that include content that goes against their beliefs or morals. However, the government ultimately did not approve this ban.