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Romania The Evolution of Family Law
Family law in socialist Romania was modeled after
Soviet family
legislation. From the outset, it sought to undermine the
influence
of religion on family life. Under the ancien régime, the
church was
the center of community life, and marriage, divorce, and
recording
of births were matters for religious authorities. Under
communism
these events became affairs of the state, and legislation
designed
to wipe out the accumulated traditions and ancient codes
was
enacted. The communist regime required marriage to be
legalized in
a civil ceremony at the local registry prior to, or
preferably
instead of, the customary church wedding. Overall, a more
liberal
legal atmosphere prevailed, granting women greater rights
within
the family. The predominance of the husband was reduced,
and the
wife was given equal control over children and property
and was
entitled to keep her maiden name. The divorce procedure
was greatly
facilitated. In fact, if both parties wanted a divorce,
and there
were no children involved, the dissolution of the marriage
could be
accomplished simply by sending a joint statement to the
local
registry office. In addition to the right to divorce with
relative
ease, abortion on demand was introduced in 1957.
Because of the more liberal procedures, the divorce
rate grew
dramatically, tripling by 1960, and the number of
abortions also
increased rapidly. Concern for population reproduction and
future
labor supplies prompted the state to revise the Romanian
Family
Code to foster more stable personal relationships and
strengthen
the family. At the end of 1966, abortion was virtually
outlawed,
and a new divorce decree made the dissolution of marriage
exceedingly difficult.
As part of the program to increase birthrates, the
legal age
for marriage was lowered to fifteen years for women in
1984, and
yet the rate of marriage remained quite steady--on average
about 9
marriages per 1,000 people per year. The divorce rate
remained well
below 1 per 1,000 until 1974. A study published in 1988,
however,
showed that the divorce rate had risen steadily since
1974,
although not to the pre-1966 level. It must be noted,
however, that
divorces were measured against the total population and
not the
total number of marriages, which disguised the rising
rate. The
primary causes of divorce were violence and alcoholism.
The study
concluded that marital instability was once again a
growing
problem.
Much family legislation concerned women in the
workplace and
was designed to increase the size of families. Provisions
for
pregnant women and working mothers were comprehensive and
generous.
Expectant and nursing mothers were not permitted to work
under
hazardous conditions, were exempt from overtime work, and
after the
sixth month of pregnancy and while nursing were exempt
from night
work--all with no reduction in salary. Nursing mothers
were
entitled to feeding breaks, which could total two hours
per day--
also with no reduction in pay. In addition, women were
allowed paid
maternity leave of 112 days--52 days prior to and 60 days
after
delivery. They were also entitled to paid leave to care
for sick
children under three years of age. Without loss of
benefits,
mothers were permitted to take a leave of absence from
work to
raise a child to the age of six, or they could request
half-time
work.
Data as of July 1989
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