New regulations for women after miscarriage come into force

Losing a pregnancy is one of the most difficult experiences that expectant parents can face. In addition to emotional pain, many women have had to contend with additional difficulties – formalities requiring the determination of the child's gender in order to receive appropriate benefits. As of August 2025, this obligation will cease to exist. The Ministry of Family, Labor, and Social Policy has announced changes that will make life significantly easier for women and families after loss.
End of "cruel law"Up to 30,000 women in Poland experience miscarriage every year. Previously, regulations required women to determine the sex of their stillborn child in order to be eligible for benefits such as maternity leave or funeral benefits.
See also:In practice, this meant the need for genetic testing, costing up to 700 złoty, which was an insurmountable barrier for many families. In cases of miscarriages before 16 weeks of pregnancy, such testing was also technically difficult to perform.
Family Minister Agnieszka Dziemianowicz-Bąk called this requirement a “cruel law.”
"Breathing parents shouldn't have to fight for their basic rights because of bureaucracy. The state should help them, not make their lives more difficult, " she emphasized when announcing the changes.
As we read on the Ministry of Family, Labor and Social Policy website, the regulations introduce the possibility of obtaining shortened leave and a funeral allowance based on a stillbirth certificate issued by a physician specializing in obstetrics and gynecology (or currently specializing in this field) or a midwife. This certificate will be issued regardless of the duration of pregnancy and will not require gender identification.
Therefore:
- Funeral allowance can be obtained on the basis of a death certificate or a certificate from a doctor or midwife,
- and the allowance for the period of shortened leave - on the basis of a certificate from a doctor or midwife.
"It will still be possible to use leave and funeral allowance on the basis of a birth certificate with a note about stillbirth, but its absence will no longer constitute a barrier," the ministry indicates.
politykazdrowotna