Can I get maternity benefits if I have a baby without getting married?

(Baonghean)-Ms. NT G in TC district provided: Ms. G and her husband divorced in 2006, and she has not remarried since then. She wants to have children without getting married. She is working at a state agency and has full insurance coverage.

Ask:Does your wish violate the law? Can you enjoy maternity benefits like other women with normal families? What are the procedures and documents?

Reply:Pursuant to Article 28 of the Law on Social Insurance 2006, which stipulates the conditions for enjoying maternity benefits: Employees are entitled to maternity benefits when they fall into one of the following cases: Female employees who are pregnant, female employees who give birth, employees who adopt children under 4 months old, employees who have an IUD inserted, or who undergo sterilization; Employees specified in Point b and Point c, Clause 1 of this Article must pay social insurance for at least 6 months within 12 months before giving birth or adopting a child.

Current law does not prohibit giving birth without registering a marriage. A child born to a father and mother who are not married and have not registered their marriage according to the law is considered an illegitimate child. Thus, from birth, an illegitimate child is entitled to all the same rights as a legitimate child, and to all other personal rights stipulated in the Constitution and the Civil Code such as the right to residence, household registration, guardianship, property rights, inheritance, etc.

For the mother: The Law on Social Insurance does not have any regulations restricting the right to maternity benefits of female workers who give birth without registering their marriage, so Ms. G will still enjoy maternity benefits like other women if she meets the two conditions of being eligible for maternity benefits and the minimum period of social insurance payment to be eligible for maternity benefits.

According to Article 27 of the Law on Social Insurance 2006, one of the subjects entitled to maternity benefits is "cadres, civil servants, and public employees". In addition, Article 14 of Decree 152/2006/ND-CP dated December 22, 2006 of the Government regulating the conditions for maternity benefits also stipulates: Female employees giving birth must pay social insurance for at least 6 months within 12 months before giving birth.

According to Ms. G, she is working at a state agency, so she is eligible for maternity benefits. If she has paid social insurance for 6 months or more in the 12 months before giving birth, she will be entitled to maternity benefits like other married women.

The procedures and documents for Ms. G's maternity benefits are stipulated in Clause 2, Article 9, Decision No. 01/2014/QD-BHXH dated January 3, 2014 of Vietnam Social Security, effective from April 1, 2014, including: Social insurance book; Birth certificate (copy) or Birth certificate (copy) of the child. In case the child dies immediately after birth without being issued these documents, they shall be replaced by the mother's medical record (copy) or hospital discharge papers (original or copy).

Law Office of Trong Hai & Associates