The regional government has approved Law 5/2026, which allows the unborn conceived to be considered as an additional child when accessing benefits and public services. This measure, driven by a demand from the Association of Large Families of Madrid, aims to alleviate the economic burden on families during pregnancy.
The Community of Madrid has taken a pioneering step by approving the Law 5/2026, dated 7 July, which recognises the unborn conceived as a member of the family unit for the purposes of accessing aid, benefits, and regional public services. The regulation, which is already in force, allows the fetus to be considered as born when that status generates greater benefits for the family, the pregnant mother, or any of its members.
A 'large family equivalent' certificate from week 14
One of the most notable new features is the creation of the large family equivalent certificate during pregnancy. Expectant mothers will be able to apply for it from week 14 of gestation, presenting a recent medical report (issued within the five working days prior to the application) that certifies the week of gestation and the expected due date.
This certificate will allow families to access the same benefits as large families, such as discounts on transport, education, or cultural activities. Furthermore, in multiple pregnancies, each conceived child will be counted, which could result in a category upgrade (from general to special) for many families.
Counting the conceived in per capita income and other benefits
The law also stipulates that the conceived child be counted when calculating the per capita income of the family unit, without requiring a minimum week of gestation. This could benefit families in obtaining scholarships, social aid, or processes subject to income limits. Additionally, certain regional tax benefits intended for large families, such as deductions in income tax, will apply.
The Association of Large Families of Madrid (AFNM) has celebrated the approval of the law, which addresses a demand that the entity has been advocating for years. Its president, María Menéndez, recalled that the association promoted a contentious-administrative appeal against the City Council of Madrid for not considering the conceived as a third child in the ranking of places in municipal nursery schools.
“We won that case, which highlighted the injustice of forcing families to wait for the birth for the Administration to recognise a situation that already existed during the pregnancy,” Menéndez stated.
The measure, also applicable by Madrid municipalities
The law not only affects the regional administration but also opens the door for the municipalities of the Community of Madrid to apply this recognition in their own aid, services, and procedures. However, each local entity will need to regulate it through its own regulations.
Menéndez emphasised that this law should be understood as “a piece within a much broader policy of protection and promotion of the family.” The association hopes that the measure will serve as a model for other autonomous communities to avoid territorial inequalities.
“It would not be fair for a family to be recognised as equivalent to a large family during pregnancy in one community and, in another, to be forced to wait for the birth to access equivalent rights,” she warned.
For the moment, Madrid families expecting a child who wish to benefit from this law will need to request the medical certificate and present it to the relevant administration. The regulation is already in force, although its regulatory development, particularly regarding the processing of the large family title, is expected in the coming months.
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