Maternity benefit protects the finances of thousands of Brazilian women, ensuring their income during the first months after their child's birth! Beyond health considerations, the benefit also seeks to reduce inequalities in the job market, preventing motherhood from resulting in total loss of income or dismissal. In this way, maternity benefit represents a social protection measure that recognizes the importance of motherhood to society and promotes better development conditions for the child from the first days of life.
✅How do you know if you're eligible for the benefit?
- Do an initial assessment:
- Did you have a child through birth, adoption, or legal abortion in the last five years?
- Did you have any INSS contribution before that event?
- Are you without income due to leave related to motherhood?
- If you answered "yes" to these questions, there's a good chance you're eligible for the benefit.
✅What documents are required?
The list of documents may vary according to the insured person's category. Check which personal documents are necessary:
- ID or other official document with photo;
- CPF;
- Employment card (for employees with CLT employment contract).
- Documents related to the event
- Birth certificate of the baby or stillbirth certificate;
- INSS contribution slips or statements (GPS or DAS-MEI);
- Declaration of performance of rural activity (special beneficiary);
- Service contracts, invoices or proof of MEI registration.
- Guardianship or adoption document (when there is no birth);
- Medical certificate in cases of miscarriage.
- Proof of activity (for non-employees)
Who can receive maternity benefit in 2026?
Anyone who contributes to INSS can be eligible for the benefit, regardless of having a formal employment relationship, as long as they meet the established criteria.
1. Employees with a signed employment contract (CLT)
- Are entitled to the benefit with no minimum contribution history requirement;
- Payment is made by the employer, who later receives reimbursement from INSS.
2. Rural workers (special beneficiaries)
- Must prove engagement in rural activity in the 12 months prior to childbirth or adoption;
- Do not need to pay individual contribution, but must demonstrate that they were engaged in rural activity.
3. Individual contributors, optional contributors and MEIs
- Until 2024, it was mandatory to have at least 10 monthly contributions.
- Starting in 2025, according to the new INSS standard (IN 188/25), just one valid contribution before the triggering event (delivery, adoption or miscarriage) is enough to guarantee the right to the benefit.
What is the deadline to submit the request?
The maximum deadline to submit the request is five years after the event (such as the child's birth). Even so, it is recommended to request the benefit as soon as possible to avoid delays in receiving it.
Important points:
- If the baby has already been born, the request can be made at any time within this five-year period;
- If the request is made before birth, it is necessary to attach a medical certificate with the EDC (Expected Delivery Date).
✅What were the changes to the benefit in 2025 and 2026?
The main change came with INSS Normative Instruction 188/25, published following the STF decision in ADIs 2,110 and 2,111. It brought the end of the requirement for 10 contributions. Previously, self-employed workers, freelancers, and optional contributors needed to have 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 situations of informality or vulnerability.
✅Do I need a lawyer to request the benefit?
The request can be made directly by the insured person. However, guidance from a professional can be important in some situations, such as:
- when 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 registration;
- when there is a need for review based on the new 2025 rule.
A lawyer specialized in social security law can:
- analyze documents and identify problems;
- monitor the administrative process;
- file a lawsuit if necessary.
- submit the request correctly on My INSS;
Frequently asked questions
Do I need to stop working to receive it?
Yes. The benefit requires you to stop your professional activities, including for self-employed workers.
Can I work and keep receiving?
No. If you're proven to be engaged in paid work during the benefit period, the benefit may be canceled and the amounts can be charged back to you.
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 benefit approval or review.