Unmarried and uninsured women in Moldova will be able to have their maternity allowance calculated based on the insured income of the child’s father under a bill passed by Parliament in its second reading.
The legislative initiative, drafted by the Ministry of Labour and Social Protection, aims to ensure equal treatment for men and women in the social security system and to bring national legislation in line with European standards in the field.
Currently, Moldovan legislation does not provide equal protection to all women during maternity. A maternity allowance calculated based on the father’s insured income can only be granted when the parents are married. As a result, unmarried women cannot access this right even when the child’s father is insured and has legally recognized the child.
Under the amendments, uninsured women will be eligible for maternity benefits after giving birth if the child’s father has the required contribution record to establish entitlement to the benefit.
For insured women, the maternity allowance may be calculated based on the father’s insured income when it is higher, regardless of whether the parents are married.
The allowance may also be recalculated within 12 months after the end of maternity leave if the father’s identity details were not available when the benefit was initially established.
For the second reading, the bill was supplemented with an amendment registered by MP Marina Morozova. It regulates the payment of the monthly child-rearing allowance when, after the benefit has been established, a court determines that the child’s residence should be with the other parent.
Under the amendment, a change in the child’s residence and the insured status of the parent with whom the child lives will not result in the loss of the benefit intended to support the child’s upbringing and care.
The bill also extends from one to three years the limitation period for court claims seeking compensation for material and moral damages caused by discrimination.
The change will give victims of discrimination more time to exercise their rights in court, including in cases where they first go through administrative proceedings before the Equality Council.
According to data from the Public Services Agency, around 19% of children born each year in the Republic of Moldova are born outside marriage.
The new provisions will enter into force upon publication in the Official Gazette, except for those concerning maternity leave and maternity benefits, which will apply starting January 1, 2028.