The child was born dead, what payments are due? Chapter x vi causes of death of a child after childbirth c. m. Smolyaninov A week after birth, the child died

Article current as of: March 2020

Opportunity to get maternal capital after the death of one or more children depends on the circumstances, in particular on time of death. This condition will determine which document will be issued to the parents - a birth and death certificate or a document confirming the child was stillborn.

For children who were stillborn, a birth certificate not issued. Since this mandatory document to obtain a personal certificate, get maternity capital in this case will not work. However, if the newborn dies during the first week, then the parents will receive a birth and death certificate.

To obtain a state certificate for maternity capital (MK), you must contact the department Pension Fund Russia. Basic documents which must be submitted along with the application:

applicant's passport;
document confirming the birth (adoption) of children.

Is maternity capital due if the first or second child dies?

If after the death of the first If a woman gives birth to a child (for whom a birth certificate was received) or adopts a second one, then she has the right to register maternity capital. However, if the first or second child died in childbirth, then to the parents no certificate will be issued about birth. Without it, get a certificate for MK impossible.

Even both children died, but at the same time the parents have Required documents(including birth certificates) to receive maternity capital, then the mother also has the right to issue a certificate, since the right to family capital arises with the birth (adoption) of a second or subsequent child.

However, according to Part 2 of Art. 3 of Federal Law No. 256-FZ of December 29, 2006 about supporting families with children, upon confirmation of the right to maternal capital children are not included, in relation to which:

the recipient of maternity capital was deprived of parental rights;
the adoption was cancelled;
at the time of adoption of a child, the woman was already his stepmother or the man (the only adoptive parent) was his stepfather.

Is maternity capital required if the child is stillborn?

If the second (subsequent) child was stillborn, then the certificate for maternity capital is not provided, since in this case a birth certificate cannot be issued.

The procedure for registering stillborn children is established by Art. 20 of Federal Law No. 143-FZ of November 15, 1997 “On acts of civil status”:

Registration is based on perinatal death document issued by a medical organization or an individual entrepreneur engaged in medical activities.
Relevant Statement submitted to the registry office the head of the organization in which the birth took place or an individual entrepreneur carrying out this type of activity. The application must be submitted within three days after the fact of death has been established.

Do they give maternity capital if the child has lived for a week?

If the child died during the first week life, then the family can still apply for a certificate for maternity capital, since in this case the birth certificate is provided in the usual manner. To register family capital, you must obtain it from the registry office relevant evidence and, together with the rest of the package of documents, submit them to the Pension Fund branch.

The decision to issue a state certificate or to refuse it is made within 15 days. The reason for refusal may be:

lack of right to family capital;
providing false information;
termination of the right to additional measures state support on the grounds provided for in parts 3, 4 and 6 of Art. 3 Federal Law No. 256 of December 29, 2006, as well as in connection with the use of MK funds in full.

Is it possible to register maternity capital for a deceased child?

Infant mortality in the Russian Federation has decreased significantly by 2018. Unfortunately, it will not be possible to completely eliminate these tragic statistics in the near future. Accordingly, the relevance of the issue of maternity capital for a deceased child will remain throughout the duration of the social program.

Is it possible to obtain maternity capital if a child dies?

The main condition for registration of maternity capital is the child’s birth certificate. What if the baby died during childbirth or in the first week of life? What to do in such a situation and can the mother count on receiving federal benefits in such cases? Let's try to answer these questions.

According to Art. 3 of the same law, every Russian woman who has given birth to or adopted a second child has the right to count on state support. That is, the fact of birth is the basis for applying for financial assistance. It is worth noting that there is no mention of a deceased baby in the entire text of the law.

Only one document can prove the existence of a baby - a birth certificate. On this basis, until 2010, the Pension Fund repeatedly refused to provide a certificate for maternity capital in the event of the death of a newborn. But after the intervention of the Supreme Court of the Russian Federation, this practice was stopped. And before that district courts willingly took the side of the Pension Fund of Russia, but subsequently the decisions were appealed by the families to the Supreme Court of the Russian Federation.

In the event of the death of a child, the father also has the right to apply for maternity capital if he is the only parent. In addition, the official adoptive parent has powers equal to those of the parents. The guardian does not have such rights.

According to accepted document flow standards, the applicant for maternity capital provides the Pension Fund with birth certificates for both children and fills out an application. If the death of a child took place, then a certificate of his death must be provided. Otherwise, you can fall under Art. 6 of Law No. 256-FZ “Inaccurate information”, and the application will not be considered.

Based on Art. 5 of Law No. 256-FZ, the state has the right to reject an application for maternity capital if the applicants have been deprived of parental rights or the adoption decision has been cancelled. It is worth adding that stepfathers and stepmothers who have not adopted children also do not have the right to issue a certificate.

If the parents received a birth certificate in their hands, and the baby died suddenly, then by law they are required to hand over the previously issued document. In return, a death certificate will be issued. In this case, it remains up to the parents legislative norm to contact the Pension Fund. To do this, you must attach a certificate from the registry office to the death certificate, which will indicate that the baby was actually born or adopted. In this manner, the legality of the appeal will be respected.

Death of an infant during childbirth

The birth of a stillborn baby makes it impossible to provide maternity capital. The fact is that a birth certificate will not be issued under such circumstances. It is provided at the civil registry office upon presentation of a certificate from a medical institution confirming the fact of birth.

Death of an infant in the first week of life

Law No. 143-FZ “On Civil Status Acts” until July 1, 2010 did not provide for the issuance of a birth certificate for infants in the first week of life. This provision served as a reason for the refusal of applicants for maternity capital from the Pension Fund.

Timely amendments dated July 28, 2010 allowed parents whose baby died in the first week of life to apply to the registry office for a certificate of birth. The issued document is attached to the death certificate, and the procedure for providing the certificate follows the general rules.

As soon as the parents or guardians have a certificate of the baby’s civil status, they can apply for maternity capital. Applicants must provide to the Pension Fund:

civil passports of the father and mother of the deceased child;
birth certificates of all children;
death certificate of the baby and a certificate from the registry office confirming the fact of his birth;
court order on adoption;
SNILS/INN.

It is worth considering that the death of an infant is not an unconditional circumstance for the issuance of maternity capital. The state reserves the right to refuse applicants if the child died due to the fault of the parents, through intentional actions or negligent fulfillment of parental obligations. These facts are easily established by the Ministry of Internal Affairs, with further criminal prosecution.

If all of the parents’ children died, then the right to register maternity capital still remains with them. In this case, applicants will have to work on collecting evidence, which will document activities aimed at raising children. Then you should submit a complete package of documents to the Pension Fund for review.

Controversial situations

Controversial issues may arise directly during childbirth. For example, did the child come to us alive or dead? Depending on the variation of circumstances, the mother will receive a certain type of certificate in maternity hospital. If the baby has lived for several hours, then it is not difficult to establish the fact of his birth alive and the parents find themselves in a certain legal field. But when death occurs precisely at the moment of birth, what happens next depends on the medical personnel, who record the circumstances of the tragedy.

The responsibility of the medical staff receiving the fetus from women in labor includes a medical examination of the signs of life in the newborn at the time of birth. All parameters are displayed in medical documents. If there is a dispute about the moment of death, further proceedings take place in court with the necessary examinations. If the fact of the baby’s death after birth is proven, then a civil status act can be issued at the registry office.

How to challenge the refusal of the Pension Fund of Russia?

An unreasonable, in the opinion of the applicant, refusal of the Pension Fund to provide a certificate can be challenged. You should first file a complaint with Pension Fund branch where the conversion took place. But more effective method- apply to court with an administrative claim filed on the basis of the CAS of the Russian Federation. Thus, applicants have a greater chance of challenging the decision of the Pension Fund and forcibly restoring the right to receive maternity capital.

The body of the claim must contain the basis for the lawful demand for the MSK certificate. The judge will accept the side that has convincing arguments and relevant evidence. Office work statistics this issue- in favor of the parents, subject to indisputable facts about the presence of children. But the main thing is qualified assistance from a lawyer in administrative practice.

Conclusion

The government took a relatively noble and extremely honest position. Mothers who have lost their child experience devastation and depressive state. Consent to issue maternity capital under such tragic conditions allows women to feel moral support from the authorities. It’s nice to know that mothers’ rights can be defended in court if the Pension Fund of Russia refuses to issue a certificate.

Is maternity capital required if the child dies?

Is maternity capital provided if a child dies? The answer to the question posed is ambiguous. It depends on certain circumstances: whether the baby died after birth or was stillborn.

What the law says

Previously, if a child died, maternity capital was not paid.

The main thing is the very fact of the birth of a certain number of children in a period of time determined by law.

Another snag was the need to provide birth certificates for all children before 2010. Until this time, when a baby died in the first week of life, only a death certificate was issued, and a birth certificate was not issued. In 2010, the law on civil status acts was amended.

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Important! As a result, it is now possible to obtain a birth certificate for a baby who died in the 1st week of life. This means submitting this document to the Pension Fund.

What documents are needed

When applying for a maternity certificate, you must provide birth certificates for all children. If you have such documents, there will be no problems with obtaining a certificate.

Maternity capital, if the first child dies for some reason in the first week of life, is paid under the same conditions. For them, the civil registry office is required to issue a birth certificate. Naturally, this does not happen automatically, but according to a joint parental application. Just like in normal situations.

Important! If the registry office employees for some reason refuse to issue a birth certificate for a baby who died in the first week of his life, this is unlawful.

You need to appeal their actions to the prosecutor's office or to court.

If the baby is stillborn, the civil registry office will not be able to issue him a birth certificate. In accordance with federal law“On acts of civil status”, a birth certificate for a child born dead is not issued. At the request of the parents, a document is issued confirming the fact of state registration of the birth of a stillborn child. Thus, as for stillborn children, the listed rules of law do not apply to them. Because a birth certificate is definitely not issued here.

What does the RF Armed Forces explain?

Here is the main position of the Supreme Court on this matter:

Ruling of the Supreme Court of the Russian Federation dated November 26, 2009. When resolving controversial issues, courts proceed from the actual birth of 2 children.

Resolution of June 18, 2010. A woman, having actually given birth to 2 children, acquired the right to family capital.

The absence of a birth certificate for one of the children and the fact of their death/biological death in the 1st week of life is a circumstance that does not prevent one from obtaining a certificate.

Latest information from the Russian Pension Fund

Here is what is currently posted on the PFR website:

The legal nuances of obtaining/exercising parental rights to family capital upon the death of one or more children have long been controversial issues.

Because help family people according to the state program, it was intended to ensure the necessary standard of living for families with several children (if we do not go into legal subtleties).

The death of babies does not in itself cancel the legal and biological fact of their birth. This means that it does not detract from the legal connection of emerging rights to family payments with this fact.

In the early years of the implementation of the demographic stimulation program (it started in 2007), when law enforcement had not yet been regulated, there were frequent lawsuits. Because parents went to court after unlawful refusals by Pension Fund employees. It was specifically about the death of children.

IN this moment In time, such failures are extremely rare. But still sometimes they happen. Most often for subjective reasons.

Attention! If the issuance of a certificate or its so-called “cashing out” is refused due to the death of one of the children, then such a refusal is unlawful.

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers of our site.

Last changes

Our experts monitor all changes in legislation to provide you with reliable information.

The prosecutor's office opened a criminal case into the death of a baby in city maternity hospital No. 2

When I found out that Natalya was pregnant, I began to treat her like a child,” says Natalya Varfolomeeva’s husband Volodya

I bought gifts, and there was always a full assortment of fruit in the refrigerator. Then they immediately bought her the fur coat that she had dreamed of for so long. Major renovations have begun. We prepared the nursery and covered it with pink wallpaper with teddy bears. On the day that Natalya gave birth, I had already made arrangements to buy a baby stroller. But I had to buy a coffin.

At the end of February, a child died during childbirth in a city maternity hospital. His mother Natalya Varfolomeeva went through the entire pregnancy without complications, and the child was also healthy. The woman was unable to give birth on her own because the baby’s shoulders were larger than the head. Due to lack of oxygen, the baby died. Doctors say the woman in labor had a rare complication and believe they did everything possible. The baby's parents, Vladimir and Natalya Varfolomeev, blame the doctors for everything. The child's father filed an application with the Oktyabrsky district prosecutor's office.

A criminal case has been initiated under Article 109 Part 2, said Deputy Prosecutor Leonid Khoryshev.

Natalya Varfolomeeva could not get pregnant for eight years. She contacted doctors who found no pathologies and said that she would have children. And then a miracle happened. That day Natalya asked her husband Volodya to buy her a pregnancy test in the hope that maybe he had light hand. In the evening Volodya immediately asked from the door how the result was. Smiling, Natalya said: . Out of surprise, Volodya stood silently for several minutes. Then he ran up to Natalya, grabbed her in his arms and kissed her. From that day on, he began to work for ten people, trying to ensure that his wife and their unborn child didn't need anything. When the time came to give birth, Natalya went to the doctor who observed her and received a certificate of admission to the maternity hospital.

From the beginning of admission to the maternity hospital, nothing foreshadowed trouble,” recalls Natalya, barely holding back tears. In conversation, she takes long pauses, takes a deep breath and tries to restore her voice, which trembles all the time. - I was taken to the delivery room. I gave birth to the head, but then the pushing stopped, and the baby lived for seven minutes, and the doctor and midwives who delivered the baby did nothing to save his life.

Natalya believes that the doctors did not do the most important thing - the incision. This operation, the woman is sure, would have helped to give birth to a large child, whose weight was 4100 and height 55 cm.

The chief doctor of the maternity hospital, Anatoly Dmitriev, says that the full scope of work for such a complication, as they are called, was provided, except for the dissection of the perineum. This complication is very difficult to diagnose, and you can only find out about it at the end of labor. According to statistics, 50 percent of children die in such cases. The baby's head is born, he should begin to breathe on his own, and his chest and shoulders are in the narrowest part of the pelvis. The baby cannot make breathing movements and dies from suffocation, the doctor explained.

The head physician claims that the entire team on duty was present during the birth: one doctor, two obstetricians-gynecologists, two neonatologists.

That is, no one stood idly by, the doctors tried to do everything possible,” says Anatoly Valerievich.

After recognizing the fact that the child had died, doctors began to assert that in any case the outcome would have been inevitable, says Natalya. To find out the cause of death, the placenta was sent to the Republican Pathological Bureau, which is conducting the research. According to Anatoly Dmitriev, the result of the analysis showed that the child died from hypoxia (that is, lack of oxygen).

Now investigative actions are underway, the necessary examinations are being carried out in the criminal case,” comments Leonid Khoryshev, deputy prosecutor of the Oktyabrsky district.

The incident that happened to Natalya was dealt with by the entire medical team. The doctor who delivered this birth took a course on the situation that she encountered and which she could not control.

I want to say that a doctor is not a god, not a machine. Percent medical error was, is and will be. Of course, we must strive to ensure that they do not exist,” says the head physician.

In the city maternity hospital, the mortality rate of children during childbirth is low compared to national indicators. According to 2004 data, it is equal to 1.4 ppm (ppm is the number of children who died during childbirth, per thousand born, living and dead).

Natalya lived the first days after giving birth with a deep sense of guilt for what happened, remembering the carelessly thrown phrase of the medical staff. Only later, when reconstructing the events with my relatives, did I realize that I had in vain blamed myself for what had happened.

Doctors at the antenatal clinic, where Natalya Varfolomeeva is currently undergoing treatment, assure that her health is fine and she will still have children. And Natalya is looking for an answer to why the tragedy happened to her child in books and believes that she will definitely become a mother.

- Mom checked out. What condition is she in? What kind of help and information should she seek?

- The condition can be very different. At first it is usually a shock, then a search for those to blame. Psychologists distinguish several stages in the experience, but in reality they do not always pass gradually, as in the book - sometimes everything comes at once.

This can be anger and rage, very often a feeling of guilt, it can be a desire to protect oneself, or a feeling of helplessness. There may be physical symptoms - a feeling that everything is compressed in the chest and you are suffocating, loss of sleep. For example, after the incident, my husband and I did not sleep for three nights, and when on the fourth night I began to fall asleep, I woke up, discovered that it was not a dream, and seemed to be confronted with reality all over again. And a stream of tears and disbelief in what had happened began.

And the worst thing is what both a woman and her husband often get stuck in - a feeling of guilt. This is the most terrible trap that people fall into, because it corrodes their soul and body.

In order to cope with this, we need psychologists or spirituality, faith.

That is, a woman after childbirth needs to take care of her emotions. Some women, after what happened, have a desire to constantly talk about what happened. Some people don't have this desire. And the most important support that others can provide in this situation is to let the woman and her husband understand that they are not alone, that there are people around them who care.

If you suddenly find yourself a relative of such a family, just let them know in any way that they can count on your help.

Because the worst thing that people do in our country who really don’t like to deal with the topic of grief and loss is simply ignore such a family because they don’t know how to react to it. As a result, parents find themselves isolated - this is terrible.

If mom wants to talk about what happened, she needs to find someone she can talk to. This allows you to relieve internal tension. In this situation, I want to talk about the same thing over and over again. Therefore, one of the primary tasks of our foundation is to create « parent groups» in different cities, so that parents can talk about what happened, what they feel, be accepted completely, along with all their experiences, and see that they are not the only ones who find themselves in such a situation, experience such feelings.

Our psychologists help remotely

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- By the way, about help. We have very few psychologists who specialize in the topic of loss. It turns out that some women will be far from the specialist simply geographically. What to do in this situation?

— Women from different parts of Russia have already begun to contact us, and our psychologists are helping remotely. So, despite the remoteness, help is possible. It is important to note that there are indeed very few psychologists who know how to work with the topic of perinatal loss.

And if you decide to contact a specialist yourself, be sure to inquire about his education and experience in this particular area.

It is very important that after a perinatal loss, the members of such a family (because in fact, not only the woman suffers, the father is also very worried about the death of the child) have a desire to live. Sometimes there is either a desire to withdraw into oneself and into an endless search for someone to blame, and this destroys both the physical body and the feeling of joy in life. Or the thought still arises: “I want to live,” and then it is possible to take care of one’s own physical body, working with your psychological mood, with emotions.

If a woman, her husband or one of the other relatives who are acutely experiencing the situation of perinatal loss (grandparents) decide to live, even if it is still very difficult to do, they can always call our foundation, and we will always find a specialist , who will try to work with them, support and help.

That is, the best thing in this situation is to look for a psychologist, or at least a parental support group, but there are still very few of them. We have already begun work to ensure that every maternity hospital in our country has a psychologist specially trained in how to work in such situations. But this is a perspective. In the meantime, a universal solution for any corner of the country is to contact our fund.

Allow yourself to grieve and ask for help

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—Where does the desire to live come from?

— Good question. It's probably different for everyone. It seems to me that there is no single answer. For me it was my family and love for my husband and children.

When, ten days after giving birth, I was admitted to the hospital with bleeding, I realized that I had taken a wrong turn; it felt like I didn’t choose to “live.” And then I realized that something was wrong, there was a feeling that I was completely destroyed - physically, emotionally, and mentally. And I gradually began to tune myself into a positive mood - doing exercises, going for walks. Of course, it was difficult to be happy; I tried to find reasons for positive emotions.

At this moment it is very important to feel your needs and ask for help.

For example, my husband and I realized that it is difficult for our children to be around us because I cry a lot. And we asked our friend to go to the cinema with them.

As a result, we had time to talk, realizing that the children do not see all this and continue to live normally. This is already a small but positive emotion.

We decided to go on a short trip to St. Petersburg. Yes, now, a year later, we don’t remember what happened on this trip, but it pulled us out of the place where it all happened, from the emotions that accompanied it. My sister lived with us for two months, she looked after the children, cooked and cleaned - this also supported us very much, because we had no strength. daily life not enough.

That is, the main thing is to allow yourself to grieve - to release the emotions that you are experiencing, to allow yourself isolation or communication. And asking, asking, asking for help is okay. When they know how to help, people, as a rule, willingly respond and leave such a family in isolation simply because they do not know how to help. The best thing parents can do for themselves in such a situation is to directly say what help they need now.

Choose people to communicate with

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— How to build relationships with relatives at this moment so as not to hurt them, get help and not come across a lesson on how to live or a stream of someone’s own, difficult, but probably not very appropriate memories in this situation?

“You have to allow yourself to be uncomfortable and choose people to communicate with.” And remember that people often say phrases that hurt us very much in order to support us; they just don't know how to do it any other way. If he says so close person, you can try to simply explain to him: “This hurts me, let’s better keep quiet.” Or: “Now I would like to tell you more about how it was for me.” That is, be honest.

If a person does not hear or continues his song, I would recommend stopping communicating with him for now.

Because the most important thing now is not to try to calm everyone around and be good for them, but to take care of yourself. This is the best thing you can do for yourself, for your husband, present and future children.

— How to build a relationship with your husband? How can we get out of the situation and enter into a future relationship without associating each other with this grief?

— A situation like this is a reason to either gain even greater intimacy with your husband, or to understand that there really is no intimacy. And then you can either continue to work and create it, or admit that nothing is working out.

My husband and I are very lucky: we always talk through our emotions and feelings to each other, and do not each silently dwell on our own experiences. It is important that a man and a woman, firstly, be willing to be sincere with each other. That is, you tell your husband “what’s happening to me, what I’m thinking, what I’m feeling, what I’m afraid of.” And your partner is ready to listen to all this without criticism, without judgment, without discerning whether these feelings are “right” or “wrong.” This was the case in our situation.

I know that many men prefer to close the story of the death of a child like a closet door and move on with their lives, pretending that nothing happened. I know many women who, in this situation, found support from their mother, friend, or psychologist, with whom they could ventilate their emotions, this also helps to maintain relationships. Because the husband may have a different stage, a different form of experience. And maybe a little time will pass, or maybe a lot, when he himself will be ready to get in touch with his pain and release it. The most important thing here is not to blame each other, not to make claims, but to be honest with your partner, talking about what is happening to me.

At the same time, you need to take it as an axiom: “Don’t look for the guilty, because there are none!” Guilt is the biggest trap you can fall into here.

I also spent a long time looking for mistakes that led me to the result I got.

And in the end, I learned to admit that at every moment I made the best decision, using all my knowledge, all my experience for the benefit of this child. And I know the same about my husband. Now, based on current experience, our decisions might have been different, but then they were exactly like that.

Our mind really wants to get the illusion that it is the ruler of the world, and that if it knows a lot, or better yet, everything, then we will probably be immortal.

But this is precisely a huge trap for the mind, because people want to be, I would call it, gods, to rule this world entirely. But that's not true. Life is a process, and we are people and we gain experiences. When we decide to give birth to a child for the first time, it is a discovery for us because we have not had such an experience. And the same thing happens with every action in our life: going into the past, it becomes an experience on the basis of which we, perhaps, would have decided something differently.

But at that moment, when something happened, any responsible decision we made was the best one we could make. And when it passes, it’s just an experience. So what's the point of blaming yourself? And we can choose - to be angry at this experience or to take into later life the valuable things that it brought us.

The fund helps the whole family

— After how long and how to contact the outside world?

- This will also be individual for each person. It is important for a woman, first of all, to recover physically after childbirth, and in no case take on emotional and physical exercise before restoration, because it will have a bad impact on her future.

If we talk about contacts, many saw that you were expecting a child, preparing for childbirth, and they will ask: “When did you give birth, and what was your name?” You need to be prepared to answer such questions.

It was easier for me to answer the truth: “I gave birth to a boy. They named him Yegor. And he died in childbirth."

I just memorized these few phrases, it hurt me to say them every time, but this way I released the sadness that lived in me.

For some, it may be easier to remain silent or postpone this conversation. For example, I say that now I have three children, but one has died, and I’m not afraid of hurting those around me. Everything is individual.

— How will the foundation’s materials help with all this?

— Fund materials are intended for different people. For parents, we have instructions on how to create a child’s history, legal advice related to funerals, including, among other things, receiving compensation for the funeral.

There is a brochure for friends, family and grandparents about how parents feel in this situation and how to support them.

There is even a brochure for employers and a brochure on how to return to work as a survivor of perinatal death.

There is a brochure that helps in supporting older children - what to say about the death of a baby, how to behave with them.

After all, children also feel very subtly the state of their parents, and there are tips on what and how to talk to them by age.

There is a brochure dedicated to intrauterine death.

That is, we see ourselves in this case as a source of information and powerful psychological support, which each person who contacts us receives individually. We are continuing to produce more resources to support people through perinatal loss. We are preparing materials for maternity hospital staff that can help them when faced with the situation of perinatal loss of their patient and protecting them from emotional burnout.

In the future, we would also like to influence the development of the healthcare system so that the three words that a midwife says to a mother whose child has died in childbirth will warm her heart, rather than destroy what remains of it.

We plan to organize international conferences to exchange experience between specialists and conduct research to reduce the number of stillborn children. At the moment, research of this kind is not being conducted in our country. I think this is important.

If a child on maternity leave is stillborn, this can raise many different questions, ranging from how long the vacation will now last to the question of the need for recalculation. In this case, the only starting point is whether the woman went on maternity leave or continued to work until the birth. It should be understood that if a woman has already left for maternity leave, then it is impossible to call her to work or recover the amount paid. This is not provided for by law.

What is maternity leave?

First of all, you need to understand what is meant by maternity leave. As a rule, pregnant women understand maternity leave to be the period while they are absent from work from the moment they receive a certificate of incapacity for work until they return to work after caring for a child up to 1.5, up to 3 years or earlier. In fact, this is not what we are talking about, and maternity leave is usually understood as maternity leave (B&P).

If the pregnancy is normal, the woman will be sent on leave at the 30th week of pregnancy, but if she is expecting two children at once, she will be sent on leave already at the 28th week. Sick leave serves as the basis for maternity leave. He is also subscribed to different period time:

For 140 days– the minimum number of days that a woman is entitled to in case of normal pregnancy and childbirth.
For 156 days– if the birth is difficult. In this case, two sick leaves will be issued. The first will be issued for the usual duration at the 7th month of pregnancy, and the second will be issued as a continuation of the first, but for 16 days.
For 194 days– this is the maximum duration of maternity leave that a woman is entitled to in case of multiple pregnancy.

Calculation and payment of maternity benefits

After the antenatal clinic issues a sick leave to a pregnant woman, she submits it to her employer. The accountant will make calculations based on the sick leave certificate. Maternity benefits for a pregnant employee are paid on the next day of payment of salary or advance payment established by the company. Payment is made immediately for the entire number of days indicated on the sick leave. If a woman has provided several certificates of incapacity for work, then payments are made as they are received by the employer. For example, at first a woman brought a regular sick leave and she was calculated and paid the B&R benefit based on the days indicated on the sheet. After this, the woman brings another sick leave and the accountant again makes the calculation, and the payment is transferred to the next day of payroll in the company.

Maternity leave if the child dies

The calculation method we have considered is carried out in general situations, but in life everything is possible and cases may be different. Therefore, faced with such a terrible situation when an employee’s child dies after birth, the accountant is faced with the problem of calculation maternity payments.

If the B&R benefit has already been transferred in full to the employee before the birth, then it can no longer be withheld. The withholding of this payment is not provided for by law. This means on vacation the woman will remain until the sick leave ends. It is also impossible to reduce a woman’s leave under the BiR, since such an opportunity, in accordance with Russian legislation, is provided only for maternity leave.

The opposite situation is also possible. A woman may not want to go on leave on her own, but it is also impossible to force her to go on such leave. The employee may go on vacation later due date(30 weeks), or independently reduce your leave for B&R.

If a woman gives birth before taking maternity leave, then sick leave can be issued in two ways:

For the period of incapacity for work, it must be at least 3 days - in the event that the child was stillborn or died in the first 6 days of life;
For 156 days - if the child was born alive, but died more than 6 days from the moment of birth.

Important! The legislation does not separately regulate the issue of providing maternity leave in the event of the death of a child.

What payments can a woman receive if her child dies?

After receiving the child's death certificate, the employee can provide it to her employer. Based on this document, the employer must pay the employee a funeral benefit. It is prescribed if childbirth occurs after the 196th day of pregnancy. The amount of the funeral benefit in 2018 is 5,562.25 rubles.

Conclusion

Thus, if a woman has already gone on maternity leave and the B&R benefit has been paid to her in full, the employer does not have the right to call her to work or demand a refund. This is not possible even if the child is stillborn or dies within a few days of birth. A woman will be able to return to work only after the end of maternity leave, which she was granted for the period corresponding to the sick leave.

Features of obtaining and exercising parents' rights to maternity capital upon the death of one or more children have been the subject of lively debate for a long time. First of all, because additional measures to support families with children within the framework of the maternity capital program are formally intended for ensuring a decent standard of living for a family even if there are several children!

However, the death of children does not negate the fact of their birth - but the right to swear. capital is established precisely in connection with birth (or adoption) second or subsequent child!

Therefore, in the first years of implementation, which started in 2007, when certain private cases had not yet been regulated by law, many parents were forced go to court after employees of the Pension Fund unlawfully refused to issue them a certificate for maternity capital if the first or second child from the same mother died at the time of application.

Let us recall the following main points:

In the absence of a birth certificate for at least one of the children born, the territorial bodies of the Pension Fund of Russia will be forced to refuse mothers who have applied for a certificate!

In this case, the question arises about the fundamental possibility of obtaining a document(or its duplicate), confirming the fact of the birth of a child, in the registry office, which is most difficult:

at the birth of a stillborn child;
in the event of the death of a child in the first week of his life.

Maternal capital for a stillborn child

Unfortunately, a woman who gave birth to a second or subsequent child since January 1, 2007, if at least one of them was stillborn (due to perinatal death), has no legal right to receive maternity capital!

The fact is that in accordance with the provisions of Art. 20 of the law of November 15, 1997 No. 143-FZ “On acts of civil status” for a child born stillborn, a birth certificate in general not issued.

In this case also:

state registration of the death of a child and the corresponding certificate is also not issued (at the time of birth the fetus is already dead - a case of perinatal death).
at the request of parents, the registry office can only issue document confirming state registration stillbirth.

The right to maternity capital in the event of the death of a child in the first week of life

Until August 2, 2010, by law “On acts of civil status” the possibility of obtaining a birth certificate for a child who died during the first week of life, also was not provided.