Maternity benefits 2026: Who is entitled to receive them?

Maternity Assistance protects the finances of thousands of Brazilian women, guaranteeing their livelihood during the first months after the birth of their child! Beyond health benefits, the benefit also aims to reduce inequalities in the labor market, preventing motherhood from resulting in total loss of income or dismissal. In this way, maternity assistance represents a social protection measure that recognizes the importance of motherhood to society and promotes better conditions for the child's development from the first days of life.

✅How do I know if I'm eligible for the benefit?

  • Perform an initial analysis:
  • Have you had a child through childbirth, adoption, or legal abortion in the last five years?
  • Did you have any contributions to INSS (Brazilian Social Security Institute) before this event?
  • Are you without income due to maternity leave?
  • If you answered "yes" to these questions, there's a good chance you're entitled to the benefit.

✅What documents are required?

The list of required documents may vary depending on the insured person's category. Check which personal documents are necessary:

  • Identity card or other official document with photo;
  • CPF;
  • Employment Permit (for employees with a CLT contract).
  • Documents related to the event
  • Baby's birth certificate or stillbirth certificate;
  • Payment slips or statements of contributions to the INSS (GPS or DAS-MEI);
  • Declaration of engaging in rural activity (special insured person);
  • Service contracts, invoices, or proof of registration as a MEI (Individual Microentrepreneur).
  • Guardianship or adoption document (when there has been no birth);
  • Medical certificate in cases of miscarriage.
  • Proof of employment (for non-employed individuals)

Who is eligible for maternity benefits in 2026?

Anyone who contributes to the INSS (Brazilian National Social Security Institute) may be entitled to the benefit, regardless of whether they have a formal employment relationship, as long as they meet the established criteria.

1. Female workers with formal employment contracts (CLT)

  • They are entitled to the benefit without a minimum contribution period requirement;
  • The payment is made by the company, which subsequently receives reimbursement from the INSS (Brazilian National Social Security Institute).

2. Rural workers (special insured persons)

  • They must provide proof of having worked in rural activities in the 12 months prior to childbirth or adoption;
  • They do not need to pay individual contributions, but they must demonstrate that they were involved in rural activities.

3. Individual taxpayers, optional contributors, and MEIs (Micro Individual Entrepreneurs)

  • Until 2024, it was mandatory to have at least 10 monthly contributions.
  • Starting in 2025, according to the new INSS regulation (IN 188/25), a single valid contribution prior to the triggering event (birth, adoption, or abortion) is sufficient to guarantee the right to the benefit.

What is the deadline for placing an order?

The maximum time limit for making the request is five years after the event (such as the birth of the child). Even so, it is recommended to request the benefit as soon as possible to avoid delays in receiving it.

Key points:

  • If the baby has already been born, the request can be made at any time within that five-year period;
  • If the request is made before delivery, it is necessary to attach a medical certificate with the EDD (Estimated Due Date).

✅What were the changes to the benefit in 2025 and 2026?

The main change came with INSS Normative Instruction 188/25, published after the STF (Supreme Federal Court) decision in ADIs 2.110 and 2.111. It brought an end to the requirement of 10 contributions. Previously, self-employed individuals (MEIs), freelancers, and optional contributors needed 10 months of contributions to access the benefit. With the new rule, a single valid contribution before the event already guarantees the right, significantly expanding access for women in informal or vulnerable situations.

✅Do I need a lawyer to apply for the benefit?

The request can be made directly by the insured person. However, professional guidance can be important in some situations, such as:

  • when the INSS denies the benefit;
  • in more complex family cases (adoption by same-sex couples, single parents, etc.);
  • when documents are missing;
  • If there are errors in the system's registration;
  • when a review is needed based on the new 2025 rule.

A lawyer specializing in social security law can:

  • Analyze documents and identify problems;
  • To monitor the administrative process;
  • to initiate legal action, if necessary.
  • Make the request correctly on My INSS;

Frequently Asked Questions

Do I need to take time off work to receive it?

Yes. The benefit presupposes time off from professional activities, including for self-employed workers.

Can I work and still get paid?

No. If it is proven that the employee was engaged in paid work during that period, the benefit may be canceled and the amounts may be refunded.

What should I do if my request is denied?

You can file an administrative appeal within 30 days; or seek legal advice to file a lawsuit for approval or review.