Law 11/1981 made men and women equal in marriage. It ended the system in which the husband was responsible for matrimonial property. [2] [21] [22] [5] Women could work, apply for a passport, open a bank account and obtain a driver`s license without their husband`s consent. [23] The new provisions were consistent with UN guidelines. Children now have the legal choice at the age of 18 as to whether their father`s or mother`s surname goes first. Law 30/1981 of 7 July 1981 also provided for civil divorce proceedings. If a family did not exercise the option to change the order of names in their surname, the father`s surname was used first. [5] Joint custody or co-parenting has been defined as «the legal situation where, in the event of divorce, both parents have the same right to take custody of their children.» [1] Parents are the legal guardians of a minor and a disabled child who lives with them and becomes legally incapable upon reaching the age of majority (unless the disabled child is married). Unmarried pregnant adolescents could be particularly vulnerable during this period, as the State takes care of them and their children at the Peña Grande maternity hospital. officially known as Nuestra Señora de La Almudena until the girls turned 25. In some cases, the State has lined up these pregnant women, brought in men who had paid fees and allowed them to choose among the woman to marry or work in its home; Women would never know before. Men would sometimes return the women they had chosen, indicating that they were not satisfied with their choice, and then choose a new woman.

The stolen babies came mainly from the maternity hospital in Peña Grande, where the women were imprisoned until 1984. Conditions in the public institution were so bad that the girls committed suicide by jumping from the upper stairwell. [17] María Ángeles Martínez was a woman who was detained in the Peña Grande facility during her pregnancy. Recalling her experience, she commented, «I enlisted at the age of 19 in August 1975. I was an orphan and I had just gotten pregnant, so my sister-in-law, who wanted to get rid of me, said, «Get dressed, we`ll go,» and without me knowing where we were going, she took me here. She described the nuns: «They told me what I would do with a girl, how I would feed her, if they had thrown me out of the house, if I was a misery, and she would be too. She described the birth process: «I was in the dilation room with half a head already out and they told me I had to go to the operating room alone and get on the couch. I walked with all the care, but she was born with a deformed skull. When they saw it, they stopped insisting that I give it to them.

I think that`s why I didn`t lose my daughter. [17] .-Parents may designate in their will a person who will be appointed educator when both die. The court shall appoint the candidate, unless it appears from the circumstances that it is not in the interests of the minor or the disabled person. If the parents nominate different candidates or order different rules for guardianship, the court will adopt both, if this is compatible, if not, the court will decide exclusively in favour of the minor or the disabled person. The guardianship system in Spain is governed by the Spanish Civil Code, which establishes the conditions and defines the measures provided for in the following different situations: measures in situations of risk, measures in situations of homelessness/need, guardianship and foster care. The competence of the youth protection departments lies with the Autonomous Community or the City, which is responsible for appointing a legal guardian for its public child protection institution. The guardianship process begins with the Declaration of Abandonment (Declaración de Desamparo) of the Autonomous Communities, which declares the minor homeless/powerless and represents the first step not only to take charge of the guardianship of the child, but also to ensure his or her access to the protection system and services for minors. The duration of this procedure varies according to the Autonomous Community in which it is requested, but a maximum period of three months must be respected for the assumption of responsibility for guardianship by the State institution for the protection of minors, as provided for in the Protocol. [1] For more information on how to become an adult guardian for a person with a developmental disability, Developmental Services (SDD) provides guardianship services to adults with developmental disabilities (DI) who receive HADD services. Click here Reforms to abolish guardianship accelerated in the 1970s, before Franco`s death.

This included revising the control of nationality, custody and inheritance, while men no longer automatically became the standard head of household. Reforms accelerated during the democratic transition. The Spanish Constitution of 1978 gave men and women equal rights before the law, ending the system of guardianship of single women under the Franco regime. For married women, this system would remain in place after the end of the transition period. In Spain, custody of children after separation is governed by Article 92 of the Civil Code, as amended by Law 15/2005[2] of 8 July, on separation and divorce. This article deals with joint custody arrangements, although the possibility of an agreement distinguishes joint custody by agreement between the parents (Article 92(5)) if the parents request it in the proposed settlement agreement, if both reach this agreement during the court proceedings (Article 92(8)). Exceptionally, even in the absence of such an agreement, the judge may, at the request of one of the parties and with the favourable opinion of the Public Prosecutor`s Office, grant joint custody on the grounds that this is the only way to adequately protect the interests of the minor. The Association of Women Lawyers was founded in Madrid in 1971. Finally, they played an important role in the Codification Commission for Family Law Reform. [3] The last major legislative reform for women took place in May 1975, when men were stripped of their automatic status as heads of household, women were no longer legally obliged to obey them, or were forced to adopt their husband`s nationality. [12] [19] [5] The amendment to Article 62 states: «Marriage does not restrict the legal capacity of either spouse.

[18] Section 63 removed a woman`s obligation to obey her husband and was amended so that both spouses had a mutual obligation to respect and protect each other. These changes meant that women could accept inheritances, appear in court and accept employment without their husband`s consent. [18] [5] The changes also affected who controlled the matrimonial property. [19] [18] [5] The law has also been amended so that husbands are no longer standard married legal representatives. [5] The economic situation of the 1950s led to a return visit to Fuero del Trabajo. Spain developed its industrial activities and needed manpower to meet them. One of the easiest and cheapest ways to do this was to increase the number of women in the workforce. Spain`s economic needs were seen as more important than ideological goals.

[3] Legal reforms meaningful to women were not regulated until the late 1950s and early 1960s in the Civil Code. These changes are the result of pressure from women to adapt the law more closely to cultural changes in attitude. One of those amendments followed a Mercedes Formica newspaper article about a man who stabbed his wife. The amendment to the Civil Code of 1889 affords greater protection to married women. Other changes in the law meant that the house was redefined less as a husband`s estate and more as a family estate. Married women are entitled to half of a couple`s joint property, and husbands must obtain their wife`s permission before selling half of the wife. When a widow with children remarried, she was allowed to retain custody of her children in the new marriage. [12] [5] If a minor or disabled person is involved in the succession, they must be represented by their parents (both under Spanish law) or a guardian). For children with disabilities, there is also the legal right to live in the house in which they have lived with their parents for life. The appointed legal guardian of a minor or disabled person may accept with «Beneficio de Inventario», but must obtain judicial authorization to simply accept, without «Beneficio de Inventario», or to refuse the inheritance or legacy left to the minor or disabled person represented. Acceptance always takes place with «Beneficio de Inventario». In order to apply for enforcement, an application for enforcement must be filed with the court of the place where the minor is present and where enforcement is sought.

The application shall be accompanied by a copy of the decision whose enforcement is sought and shall fulfil all the conditions for establishing its authenticity in accordance with the standard form set out in Annex V. A lawyer and a legal representative are required. Judgments given in a Member State concerning the exercise of parental responsibility in matrimonial proceedings concerning a child born of those ties which have been enforceable and served in that Member State shall be recognised in Spain at the request of an interested party, without any procedure being required, in accordance with the provisions of Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction, the recognition and enforcement of judgments in matters of justice and the enforcement of judgments in matrimonial matters and matters of parental responsibility. This Regulation shall apply to judgments given in judicial proceedings, authentic instruments formally drawn up or registered and agreements which have become enforceable in the Member State in which they were concluded before 1 August 2022.