Uprawnienia kobiety po poronieniu i urodzeniu martwego dziecka w oparciu o obowiązujące przepisy prawa
Woman’s Rights after Miscarriage and the Birth of a Dead Child in the Light of Current Legal Regulations

Summary/Abstract: Pregnancy loss is an event that remains within the interest of various fields of science, especially medicine, psychology but also law. The Author’s aim was to focus on the rights of a mother in a situation of miscarriage or the birth of a dead child, primarily in the field of labor law, social insurance and the Civil Status Act. These events result in the acquisition of the right to maternity leave and allowance but also the right to funeral and funeral allowance.The current legal regulation concerning the registration of a dead child at a civil registry raises a lot of controversy because of the need to carry out genetic tests at mother’s own expense in order to determine the sex of a child in case it is impossible or difficult to be determined. This creates an unjustified obstacle for persons entitled to the aforementioned benefits. In view of the recently planned amendments aimed to facilitate the acquisition of the right to funeral allowance, the Author believes that the law should be further modified in order to facilitate the acquisition of the aforementioned benefits by women in the separticular situations

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