The child died after birth. "Damn that day": how babies die in maternity hospitals & nbsp

Loss of pregnancy, death of a child in utero or after childbirth is a terrible ordeal for parents. But it is the doctors who have to say that pregnancy can end early, declare that the baby does not have a heartbeat ...

We must respect a woman's decision

Lilia Afanasyeva, Head of the antenatal clinic, Surgut

For women who have experienced perinatal loss, we have a psychologist and a special pregnancy preparation room in our consultation. Losses of pregnancy in the early stages are not accepted by specialists as perinatal losses. We also conduct psychological consultations for these women, because pregnancy, even if it ended before 12 weeks, was, and often - long-awaited, and its loss is not easy anyway.

And women who are faced with the problem of miscarriage or its severe course go to the pre-conception room. They go for an examination before a new pregnancy. But they are also sent for consultation with a psychologist, because the fear of repeating an unsuccessful pregnancy remains with a woman for a long time. And if these are two or more losses, then rarely a woman leaves this fear on her own, without help. Moreover, in about 50 percent of such women, the threat of termination of pregnancy is caused precisely by fear.

And I see a positive effect from working with psychologists in this group of women, where there was a history of perinatal losses and severe pregnancies. Moreover, if the doctor who leads the patient strongly recommends that she visit a psychologist, he sees in practice that pregnancy is more favorable, it is easier to find contact with a woman, she is more responsive to the doctor's recommendations.

A psychologist in consultation works with both doctors and nurses in the classical basics of communicating with patients.

Each loss is heavy, and those that have happened recently are especially remembered. Just recently - a young woman with an unfavorable pregnancy. On the first screening, it was clear that something was wrong. On the second ultrasound, there were a lot of manifestations of chromosomal pathologies. The prognosis was either very early premature birth, or the birth of a difficult child. The patient made the decision to continue the pregnancy, and labor began at almost 24 weeks. The child lived for six days.

The woman worked with a psychologist for a long time, and within the framework of group therapy. Now she is preparing for pregnancy, undergoing examinations. On the part of the husband's family, the situation was then met with hostility: why did you allow such a child to be born, with defects, did not persuade him to have an abortion. But mom is an adult, and we must respect her decision.

This year we saw a woman: the third child she was carrying had a severe chromosomal pathology, and she also refused to terminate the pregnancy. After making such a decision, a psychologist worked with her throughout the pregnancy, who also talked with the family, where there were still children, to prepare them. We invited my husband to a joint reception with his wife and to the ultrasound office to show and tell what there is, how it can develop and how to cope with it.

As for the future, palliative care for women who have made a choice to give birth to a child who is known to be unviable is just beginning to develop in the country, but it is important that it is there and the woman has a choice.

Until now, we are in contact with my mother, her son is three years old. At 19 weeks of pregnancy, she was offered to terminate the pregnancy - the child was diagnosed with an extremely severe heart defect.

She came to us from another site with the words: "I cannot kill my child."

I said that it was up to her that there was a great risk that the child would die in the first two months, and maybe even in the first, as soon as he lost contact with his mother. Again, a psychologist was present during the conversation. The pediatric cardiac surgeon also made his contribution, who honestly said: “Until this moment after the birth of the child, I will do everything I can. And then it will be necessary to look for a specialist and a clinic where they will be able to perform the following operations. "

She refused to interrupt, and we began to fight for the child. While he was sitting in utero and in the first month after birth, everything was compensated, and then the operations began. Almost up to one and a half years. At first, the child was operated on several times here, in Surgut. Then she went to Germany at the expense of a charitable foundation. Now the boy is quite vigorous, he goes to kindergarten, he practically has no restrictions. Mom is happy, she is planning a second pregnancy, she has no fear. Perhaps, also because there was such a joint work of gynecologists, and a cardiac surgeon, and our psychologist. The woman did not despair, and - an important point - the family survived. It often happens that a family collapses if the problem of having a child in a serious condition arises.

Now I see that more and more often women refuse to interrupt, especially if these are some minor defects, with which they were previously offered to interrupt - they refuse with Down syndrome, with other chromosomal pathologies. But even if in this case the woman is rather positive, she needs psychological support.

We had a woman whose son was diagnosed with Klinefelter's syndrome - to put it simply, when a boy happens to be a carrier of a chromosome of the opposite sex. She was offered an interruption - she refused. She was interested in how the child would develop, with what external signs. The psychologist talked to her, told her what to prepare for.

There are also categorical women who insist on interruption where the vices are minimal. You have to work for a long time, talk that this is to be operated on, to be monitored and rehabilitated. Unfortunately, there are some patients who still say in plain text: no, I don't need such a child. But, as a rule, there is always some problem in the family, if in such a situation the child becomes unnecessary.

When a baby is born lifeless, we swaddle him anyway

Lyudmila Khalukhaeva, obstetrician-gynecologist of the Perinatal Center of Ingushetia

For the first time I faced loss when I was studying in residency in Astrakhan. The woman was admitted with contractions at full term. But she had antenatal, that is, the death of the child occurred while still in the womb, and when she was admitted, there was no heartbeat by ultrasound. For the woman, this was a shock, she claimed that she felt movements. They showed her to an ultrasound scan, called another uzist, and only after that the woman believed.

It happens that this happens through the fault of the doctor. Just recently, there was a situation in the republic: a woman comes to give birth on her own feet, with her husband, the fourth birth, they do an ultrasound scan, everything is fine. And in the end - a dead child, placental abruption, removal of the uterus ... The woman blames the doctor for everything, and she is right, I say this as a doctor. If a woman comes on her own as soon as she crosses the threshold of a medical facility, the responsibility falls entirely on the obstetrician-gynecologist who leads the woman. I am now on maternity leave, watching from the sidelines, and still am shocked by this situation.

When a baby is born lifeless, we still swaddle him - this is a person. Some women absolutely do not want to look at him. And some women, on the contrary, say: "Attach it to me, I need to look at it." I have been working since 2005 and I see how even a woman who refuses to look at a baby in a day or two begins to regret that she did not look, did not say goodbye. Therefore, based on my practice, when this happens, I tell my mother, “Look at him. He’s not ugly, he’s nothing like sleeping. ” Let her cry in the delivery room, let her hold him, hold him to her. And then the understanding comes - there is no baby. Otherwise, there may be some illusions that interfere with living on.

Soothing words often do not help. Sometimes a woman just needs to say: "I don't know what to tell you, my dear."

Sometimes a believing woman can be told something about hope in the Almighty, it helps. And so, of course, a lot depends on the psyche of a woman. With some you have to cry together. It happens in different ways.

I had a situation, a woman entered, a huge belly, polyhydramnios, and she did it with a child who died in the womb. The child is big, 5 kg, she has diabetes mellitus, how hard I pulled him out! She regretted ten times that I had not cesar, and she asked me to give her a cesarean. And after giving birth, she says: "It's good that you didn't do the operation on me and I went this way."

When a woman enters, whose child does not have a heartbeat in the womb, it is harder for her than everyone else, but she is much more than relatives, able to perceive information and understand. The hardest thing is to reassure relatives in this regard, they begin to press, sometimes aggressively, demanding an operation, although sometimes it is better to have a natural birth.

Such women should not be in wards at all with women who have given birth to live and healthy children. This is a purely organizational question. I started my obstetric activity in the maternity hospital in Kazakhstan, and if a woman's child died, we did not put her in the general ward, if there were difficulties with a separate ward, we transferred her to the gynecology department. How else could she see nursing mothers, hear children's cries? And when I was the head of the department in the hospital, we protected such women. There should also be an early discharge. If in a hospital there is no way to isolate a woman, you can find a single room for a day or two, observe these for a couple of days and let her go home.

We must learn simple humanity. Do not be afraid of violations of the sanitary and epidemiological regime, because of this it is not violated. We want to maintain the cleanliness of the building and in the wards, but for some reason we don’t want to maintain humanity and cleanliness of souls. Before going to an obstetrician-gynecologist, you still need to pass an exam for humanity. As in all medical specialties.

We used to make a lot of mistakes and didn't let our parents burn out.

Tatyana Maslova, Head of the Department of Reanimation and Intensive Care of Newborns in the Tula Regional Perinatal Center

“Have you ever told relatives about a patient's death? No? Let's go to study, ”the head of the department told me when I just came to the intensive care unit after specialization. The woman has a second or third IVF, twins, childbirth at 26-27 weeks, one died immediately, and the second after some time. He led the conversation, and I listened, realizing that someday I would have to speak.

And for a very long time I remembered the name of the first child, who left during my independent work. Now the surname has been erased, many years have passed, but I remember his weight, gestational age - the child was more than 2 kilograms, 35 weeks, it seemed he should not have died. But he left, and somehow with lightning speed. At that time, I myself was pregnant, for a long time, I had a couple of shifts until the decree ... It was very difficult: after all, the feeling that you did not do everything creeps in anyway, even when you intellectually understand that the case is incurable. Then I called the head of the department - it was five in the morning, he came and let me go, told the relatives himself, because I understood that I was in such a state that I myself could give birth prematurely.

Over the years, I understand more and more that we, doctors, really lack the right communication skills. Even just for talking with parents whose children are in intensive care. You have to learn to speak to them by trial and error. It is good that trainings and lectures for medical workers have now appeared, although it is necessary to teach how to talk with patients in universities ...

For three years I have been the head of neonatal resuscitation, and it is my task to deliver news to parents, including tragic ones. You have to constantly learn, read, listen. Last year at the medical congress there was a whole symposium dedicated specifically to neonatal loss and communication with parents. After that, I invited the lecturers to us to conduct a training for the doctors of our center. A psychologist from the Light in Hands Foundation came to visit us.

Now I see what we did wrong when communicating with our parents. For example, trying to calm down, support with their phrases, on the contrary, they devalued their feelings, did not allow them to throw out their emotions. In order, as we thought, to hurt less, to distract, we tried to quickly communicate and transfer the conversation to organizational issues: burial, the process of paperwork - what to bring, where to call. That is, we did not give them time to come to their senses, to burn out.

Another mistake: we, especially if we are talking about children who have been with us for some time, began to apologize to their mothers: "Sorry, we tried." Psychologists explained that it is also wrong to apologize here - we really do what we can.

Two years ago we had a child who came to our department for observation, we transferred him to the second stage of nursing, he had to be discharged in the morning. At night, he again came to us in an extremely serious condition, with almost a single heartbeat. We spent an hour and a half in intensive care, but we could not save. Mom, when she found out, started a terrible hysteria - she closed her eyes and just screamed, it seemed, for eternity. Now I understand that such a reaction, on the contrary, helps to cope with pain.

Quiet reactions, without emotions, when a person can calmly listen, and then leave and do something irreparable with himself, is much more dangerous.

Several times I had periods of, one might say, burnout. I understand that burnout begins, when I can think of nothing but work, I stop sleeping. I constantly feel tired, questions arise - why is all this, to whom I am trying to prove something. They arise when you are trying to save a child, but there is no return from either the parents or the administration. The administration says: you are the most expensive department, why do we spend money on you when we need it for this and that. Or you need to buy something for the child, but we do not have it, we, the institution, cannot buy it, but we cannot ask the parents either - our treatment is free - such a vicious circle. You get tired of fighting with windmills, and since at home in this state it is completely impossible to switch to family affairs, problems begin.

In such situations, I turned to a crisis psychologist, and conversations with him helped to return to my normal state, because I love my job.

For mothers whose children are in intensive care, we suggest talking to a psychologist, but more often they refuse: "No, I'm not normal!"

If we understand that everything will end badly, we invite mothers to say goodbye. Mostly they refuse: they are scared. But after the trainings of the “Light in Hands” charity fund, I propose to think a little more, so that later you will not have to regret what was left undone. I already had a case when my mother came, changing her mind.

Likewise with burial, especially for children weighing less than 1 kilogram. Parents often refuse him, they want to forget everything, as if there was no pregnancy and this birth. But I explain: “To bury - does not mean that you have to erect monuments, crosses and then constantly go to the grave. It is psychologically important for you to close this topic. Emotions not lived internally and not experienced will still look for a way out ”. And there were several cases when at first the parents wrote a refusal to bury the child, and then, after thinking, called back the next morning with the words: "We changed our mind, we will bury the child."

My husband is far from medicine, he tries to listen and support. Another thing is that we were not all taught to support and empathize. I understand that my husband wants to calm down, saying: “You cannot save everyone, you don’t have to take everything on yourself like that,” but this does not leave my pain. It happens that children get tired, angry, say: "You only care about work." Of course, this is not so, but my work is really such that you will not turn off, you will not immediately forget everything that was there, until the next shift.

But our work is, first of all, about life. And what a joy it is when you manage to pull the child out and when he goes to follow-up treatment, and then is discharged home in good condition!

Thank you Foundation "Light in Hands" for help in preparing the material.

Pregnant employed women have the right to take leave every time the time of childbirth approaches. At the same time, they are paid an allowance, since childbirth is an insured event, and the Social Insurance Fund is obliged to make payments from funds that were regularly transferred from the employee's salary by the employer. The duration of maternity leave is determined based on the woman's health status - the birth of twins and complicated childbirth become the basis for increasing the duration of rest. But is a woman entitled to maternity leave at the birth of a still child? We propose to sort this out.

The concept of maternity leave and the duration of maternity leave

Important! As a rule, the term “decree” is understood as a combination of two leaves - for pregnancy and childbirth and for childcare up to 1.5 and up to 3 years. However, at the birth of a still child, parental leave cannot be issued, since the basis for issuing it (and for receiving childcare allowance) is the child's birth certificate. Further in the article, maternity leave will be understood as the leave for the BiR.

Maternity leave- this is a sick leave, which is issued on the basis of a certificate of incapacity for work issued in the antenatal clinic and lasts from the 30th obstetric week of pregnancy (when carrying twins, triplets - from the 28th week) until the employee recovers after childbirth. That is, sick leave according to BiR consists of two parts:

1. The prenatal period of maternity leave (from 70 to 90 calendar days) - the employee has the right to refuse to leave work for this time (the employer is not entitled to provide this).
2. The postpartum period of sick leave (from 70 to 110 calendar days) - this time a woman must be absent from work.

Important! If a woman chooses not to go on sick leave until the very birth, she receives only a salary for the prenatal leave. The benefit is not paid for this time and the postpartum leave period is not increased by the given number of days.

If a woman decides to take maternity leave completely, the total duration of sick leave according to BiR will be:

Let's figure out on the basis of what data is the duration of the sick leave for pregnancy and childbirth:

Is maternity leave issued at the birth of a still child

Important! Labor legislation does not contain instructions on how to apply for maternity leave for women who have a stillborn child.

Whether a woman is entitled to maternity leave at the birth of a still child, or not, depends on the circumstances:

“The woman Anastasia, who at the 28th obstetric week of pregnancy underwent an emergency Caesarean section, came for a consultation the other day, after which a sick leave was issued in the maternity hospital for 156 calendar days. However, the child died 8 days after birth. The woman wanted to be sure that she had the right not to appear at work for 156 days and still receive maternity benefits. Indeed, the Caesarean section operation indicates the presence of complications during pregnancy and childbirth, and therefore the sick leave is issued for a period of 156 days (70 days before the birth of the child, 86 - after, due to complicated childbirth). According to the text of clause 49 of the Order of the Ministry of Health and Social Development of the Russian Federation of June 29, 2011 No. 624n and clause 1 of Art. 10 of the Federal Law of December 29, 2006 No. 255-FZ, a certificate of incapacity for work must be issued by a maternity hospital, since childbirth occurred in the period from 22 to 30 obstetric weeks of pregnancy, while the benefit is paid to the insured woman in total for the entire period of sick leave. In connection with all of the above, the employer does not have the right to refuse to apply for maternity leave and in the payment of benefits on the grounds that the child has died - a woman has the right to sick leave and payments if she presents an application and a certificate of incapacity for work. "

Stepanova Tatiana Stanislavovna, lawyer, St. Petersburg

How is the maternity allowance calculated in general?

The calculation of maternity benefits can be made based on the employee's salary (if her insurance experience is more than 6 months) or according to the minimum wage (if the insurance experience is less than 3 months):

• in order to calculate the salary, the size of the marginal insurance base for calculating insurance premiums (this is the maximum possible amount of deductions to the Social Insurance Fund from the salaries of employees of the Russian Federation) is taken into account, as well as the amount of total income for 2 years preceding the decree (in 2020 - these are 2017 and 2018 ( from January 1 to December 31), but they can be replaced for earlier years if this ultimately increases the amount of the benefit);
• to calculate the minimum wage allowance, the average monthly income of an employee is taken equal to 1 minimum wage.

So, let's figure out the limiting insurance base for calculating contributions to the FSS:

• in 2017 - 755 thousand rubles (that is, the maximum average daily earnings in 2017 will be calculated from this amount);
• in 2018 - 815 thousand rubles (based on this amount, the maximum SDZ in 2018 will be calculated).

Let's calculate the maximum possible average daily earnings, which is taken into account when calculating the amount of maternity benefits:

MSDZ = SMBNSV: 730,

where MSDZ is the maximum average daily earnings;

SMBNSV - the sum of the maximum bases for calculating insurance premiums (for two years preceding the decree);

730 is the number of calendar days in a non-leap year.

MSDZ = (755,000 rubles + 815,000 rubles): 730 days. = 2150 rubles 68 kopecks.

PBiR = SDZ x KDO,

PBiR - pregnancy and childbirth benefit;

SDZ is the average daily wage of a woman, calculated on the basis of income for 2 years preceding the decree;

KDO is the number of vacation days.

Now, based on the obtained value, we can calculate the size of the maximum maternity allowance, more than which it is impossible to receive, even if the woman receives a large salary.

Maximum amount of maternity allowance (maternity leave for the birth of a still child)

If a woman managed to take maternity leave, she is entitled to 156 calendar days of leave (70 - before childbirth and 86 - after, due to complicated childbirth) or 160 calendar days of leave (90 days - before childbirth and 70 - after), if woman lives at Chernobyl. It turns out that the maximum amount of maternity allowance in the event of the death of a baby will be:

Minimum amount of maternity allowance (maternity leave for the birth of a still child)

If a woman has a small salary, or she does not have an insurance experience that would exceed six months, the BIR benefit is calculated based on the minimum wage according to the following formula:

PBiR = minimum wage x 24 months. : 730 days.

11,280 p. x 24 months : 730 days. = 370 rubles 84 kopecks

Now let's calculate the minimum amount of maternity allowance for the general case and for women from Chernobyl:

What other payments are due if maternity leave is issued at the birth of a still child

Since one-time and monthly child benefits are issued on the basis of a child's birth (adoption) certificate, the condition for the birth of a live baby is mandatory. Accordingly, when a woman has a dead child, a lump sum at the birth of a child and a monthly allowance for caring for a child up to 1.5 and up to 3 years old are not entitled to her.

However, if childbirth occurred later than 196 days of pregnancy, and at the same time a dead baby was born, the employer is obliged to issue another social payment to the employee - a burial allowance in the amount of 5 562 rubles 25 kopecks.

On the fact of the death of the baby in the city maternity hospital No. 2, the prosecutor's office opened a criminal case

When I found out that Natalia was pregnant, I began to treat her like a child, - says the husband of Natalia Varfolomeeva Volodya

I bought gifts, there was always a full assortment of fruits in the refrigerator. Then they immediately bought her a fur coat, which she had dreamed of for so long. Overhaul began to be done. Prepared a nursery, pasted over it with pink wallpaper with bears. On the day when Natalya gave birth, I was already negotiating the purchase of a baby carriage. And I had to buy a coffin.

At the end of February, a child died in the city maternity hospital during childbirth. His mother Natalya Varfolomeeva went through the entire pregnancy without complications, and the child was also healthy. The woman could not give birth on her own, as the baby's shoulders were larger than the head. The baby died due to lack of oxygen. Doctors say that the woman in labor had a rare complication, and believe that 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 the deputy prosecutor Leonid Khoryshev.

Natalia Varfolomeeva could not get pregnant for eight years. She turned to doctors who did not reveal any pathologies and said that she would have children. And then a miracle happened. On that day, Natalya asked her husband Volodya to buy her a pregnancy test in the hope that maybe he had a light hand. In the evening Volodya immediately asked how the result was. Smiling, Natalia said:. Volodya stood in silence for several minutes in surprise. Then he ran up to Natalya, grabbed her in his arms and kissed her. From that day on, he began to work for ten, trying to ensure that his wife and their unborn child did not need anything. When it came time to give birth, Natalia went to the doctor who observed her, and received a certificate of hospitalization in the maternity hospital.

From the beginning of admission to the hospital, nothing foreshadowed trouble, - recalls Natalya, with difficulty holding back tears. In the conversation, she pauses long, inhales deeply and tries to restore her voice, which is trembling all the time. - I was taken to the delivery room. I gave birth to a head, but then the attempts stopped, and the child lived for seven minutes, and the doctor and midwives who took delivery did nothing to save his life.

Natalia believes that the doctors did not do the main thing - the dissection. 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 physician of the maternity hospital, Anatoly Dmitriev, says that the full scope of work for such a complication, which is 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 time of completion of labor. According to statistics, in such cases, 50 percent of children die. The baby's head was born, he should start breathing 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 at 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 admitting that the child had died, doctors began to argue 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 engaged in 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 on the initiated criminal case, - comments Leonid Khoryshev, Deputy Prosecutor of the Oktyabrsky District.

The case that happened to Natalya was dealt with by the entire medical team. The doctor who took this birth underwent a course on the situation she faced and which she could not take under control.

I want to say that the doctor is not a god, not a machine. The percentage of medical errors was, is and will be. Of course, we must strive to ensure that they are not there, - says the head physician.

In the city maternity hospital, the percentage of deaths of children during childbirth is low in comparison with the all-Russian 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, alive and dead).

The first days after giving birth, Natalya lived with a deep sense of guilt for what had happened, remembering the carelessly thrown phrase of the medical staff. Only later, restoring the events together with relatives, I realized that I was wrong to blame myself for what had happened.

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

This article is relevant for: March 2020.

The ability to receive maternity 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 parents - a birth and death certificate or a document confirming the birth of a child dead.

For children who were born dead, birth certificate not issued... Since this obligatory document for registration of a personal certificate, get a mother capital in this case will not work... However, if the newborn dies within the first week, then the parents will receive a birth and death certificate.

To obtain a state certificate for maternity capital (MC), you must contact the branch of the Pension Fund of Russia. Basic documents that must be submitted along with the application:

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

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

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

Even both children died, but at the same time the parents have the necessary documents (including birth certificates) to obtain 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 the mother capital children are not counted, in respect of which:

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

Is maternity capital required if a child was born still?

If the second (subsequent) child was born still, 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 the Federal Law No. 143-FZ of 15.11.1997 "On acts of civil status":

1. Registration takes place on the basis of perinatal death document issued by a medical organization or an individual entrepreneur who is engaged in medical activities.
2. 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 establishing the fact of death.

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

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

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

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

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

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

Is it possible to issue maternity capital if the child has died?

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

According to Art. 3 of the same law, every Russian woman who has given birth or adopted a second child has the right to count on the support of the state. That is, the fact of birth is the basis for seeking material assistance. It is worth noting that there is no talk 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 mother 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 discontinued. And before that, the district courts willingly sided with the PFR, but later the decisions were appealed by the families to the RF Armed Forces.

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 the same powers as the parents. The guardian is not endowed with such rights.

According to the accepted standards of document flow, the applicant for maternity capital provides the PFR with birth certificates for both children and fills out an application. If the fact of the death of the 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 were deprived of parental rights or the adoption decision was canceled. It should be added that stepfathers and stepmothers who have not adopted children are also not eligible for a certificate.

If the parents received a birth certificate in their hands, and the baby died suddenly, then by law they are obliged to hand over the previously issued document. A death certificate will be issued in return. In this case, the parents are left with the legislative norm for contacting the FIU. To do this, it is necessary to attach a certificate from the registry office to the death certificate, which will indicate that the baby was actually born or adopted. In this order, the legality of the appeal will be respected.

Death of an infant during childbirth

The birth of a dead 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 in the registry office, subject to the presentation of a certificate from a medical institution about the fact of birth.

Death of an infant in the first week of life

Law No. 143-FZ "On acts of civil status" until July 1, 2010 did not provide for the issuance of a birth certificate for babies in the first week of life. This provision was the reason for the refusal of the applicants for maternity capital from the FIU.

Timely amendments of 07/28/2010 allowed parents, whose baby died in the first week of life, to apply to the registry office for an act of birth. The issued document is attached to the death certificate, and the procedure for granting the certificate follows the general rules.

As soon as the parents or guardians have an act on the civil status of the baby, you can apply for maternity capital. Applicants must submit to the FIU:

• general 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 about the fact of his birth;
• court order on adoption;
• SNILS / INN.

It should be borne in mind that the death of a baby is not an unconditional circumstance for the issuance of maternity capital. The state reserves the right to refuse applicants if the child died through the fault of the parents, through deliberate actions or negligent fulfillment of parental obligations. These facts are easily established by the Ministry of Internal Affairs, with further criminal prosecution.

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

Controversial situations

Controversial moments can arise directly during childbirth. For example, did the child appear dead or alive? Depending on the variation of the circumstances, the mother will receive a certain type of certificate from the maternity hospital. If the baby has lived for several hours, then it will not be 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 time of childbirth, the further depends on the medical personnel, who fixes the circumstances of the tragedy.

The responsibility of the nursing staff who receives 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. In case of a disputable situation about the moment of death, further proceedings take place in court with the necessary examinations. If the fact of death of the baby after birth is proven, then you can draw up an act of civil status at the registry office.

How to challenge the refusal of the FIU?

Unreasonable, in the opinion of the applicant, the Pension Fund's refusal to provide the certificate can be challenged. First, you should file a complaint with the branch of the FIU where the appeal took place. But a more effective way is to go to court with an administrative claim, filed on the basis of the CAS RF. Thus, applicants have more chances to challenge the decision of the FIU and to forcibly restore the right to receive maternity capital.

The body of the claim must contain the basis for the legal claim of the MSC certificate. The judge will take the side that has convincing arguments and evidence of a profile nature. The statistics of office work on this issue are in favor of the parents, provided there are indisputable facts about the presence of children. But the main thing is the qualified assistance of 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 depression. Agreeing to issue maternity capital under such tragic conditions allows women to feel moral support from the authorities. It is pleasant to realize that the rights of mothers can be defended in the courts if the FIU refuses to issue a certificate.

Is maternity capital due if the child has died

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

What the law says

Earlier, if the child died, then the 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 that time, at the death of a baby in the first week of life, only a death certificate was issued, and a birth certificate was not issued. In 2010, the civil status act was revised.

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Important! As a result, it is now possible to obtain a birth certificate for an infant who died in the 1st week of life. And that means, and submit this document to the FIU.

What documents are needed

When applying for a certificate for maternal capital, birth certificates of all children must be provided. In the presence of such documents, there will be no problems with obtaining a certificate.

Maternity capital, if the first child for some reason dies in the first week of life, is paid under the same conditions. For them, the registry office is obliged to issue a birth certificate. Naturally, this does not happen automatically, but on the basis of a joint parental statement. As 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 illegal.

It is necessary to appeal their actions to the prosecutor's office or to the court.

If the baby was born dead, then the registry office will not be able to issue him a birth certificate. In accordance with the 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 still child. Thus, with regard to stillborn children, the listed norms of law do not apply to them. Since a birth certificate is definitely not issued here.

What does the RF Armed Forces explain?

Here is the main position of the Armed Forces on this matter:

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

Resolution of 18.06.2010. The 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 obtaining a certificate.

The latest information from the Pension Fund of the Russian Federation

Here is what is currently posted on the FIU 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.

Since the assistance to family people under the state program was intended to ensure the necessary standard of living for families with several children (if you do not go into legal intricacies).

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

In the early years of the demographic incentive program (it started in 2007), when law enforcement was not yet regulated, there were frequent litigations. Because the parents went to court after the illegal refusals of the FIU employees. It was about the death of children.

At this point in time, such failures are extremely rare. But still, it does happen sometimes. Most often for subjective reasons.

Attention! If they refuse to issue a certificate or its so-called “cashing out” due to the death of one of the children, then such a refusal is illegal.

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

For a prompt solution to your problem, we recommend that you contact qualified lawyers of our website.

Last changes

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

If a still child is born to a maternity nurse, this can raise many different questions, ranging from how long the vacation will now take and ending with the question of the need for recalculation. In this case, it is worth starting only from whether the woman went on maternity leave or continued to work until childbirth. It should be understood that if a woman has already gone on maternity leave, then it is impossible to call her to work or collect the amount paid. This is not provided for by the legislation.

What is maternity leave

First of all, you need to figure out what they understand about maternity leave. As a rule, under maternity leave, pregnant women understand the period while they are absent from work from the moment they receive a certificate of incapacity for work until they go to work after caring for a child up to 1.5, up to 3 years or earlier. In fact, we are not talking about this, and under maternity leave it is customary to mean maternity leave (MA).

In the event that the pregnancy is normal, the woman is sent on vacation at the 30th week of pregnancy, but if she is expecting two children at once, she will be sent on vacation already at 28 weeks. Sick leave is the basis for maternity leave. It is also written out for a different period of time:

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

Calculation and payment of maternity benefits

After a sick leave is issued to a pregnant woman in an antenatal clinic, she submits it to her employer. Based on the sick leave, the accountant will make the calculation. Maternity allowance for a pregnant employee is 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 that is indicated in the sick leave. If a woman has provided several certificates of incapacity for work, then payments are made as they come to the employer. For example, at first, a woman brought a regular sick leave and she was calculated and paid an allowance for BiR based on the days indicated in the sheet. After that, the woman brings another sick leave and the accountant again makes the calculation, and the payment is transferred to the next day the salary is paid in the company.

Maternity leave if the child is dead

The method of calculation 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 calculating maternity payments.

If the BIR allowance for the employee has already been transferred in full even before the birth, then it is no longer possible to withhold it. Withholding of this payment is not provided for by law. This means that on vacation the woman will stay until the sick leave ends... It is also impossible to reduce a woman's BIR leave, since such an opportunity, in accordance with Russian legislation, is provided only for parental leave.

The opposite situation is also possible. A woman on her own may not want to be on vacation in BiR, and it is also impossible to force her to go on such a vacation. The employee can go on vacation later than the due date (30 weeks), or independently reduce her vacation in the BiR.

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

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

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

What payments can a woman receive if the 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 burial allowance. It is put in the event that childbirth occurred after 196 days of pregnancy. The amount of the burial allowance in 2018 is 5562.25 rubles.

Conclusion

Thus, if a woman has already gone on maternity leave and the BIR benefit has been paid to her in full, the employer has no right to call her to work or demand to return the money. This is not possible even if the baby is stillborn or dies within a few days of birth. A woman can return to work only after the end of the maternity leave, which was given to her for a period corresponding to the sick leave.