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The law on the unborn comes into effect in the Community of Madrid

The law on the unborn now allows including the fetus in aid like scholarships, but the recognition as a large family will take six months.

Carmen ReyesCarmen Reyes··3 min read

The regulation, which recognises the 'nasciturus' as a member of the family unit, was published yesterday in the BOCM and now allows access to scholarships and aid.

The Community of Madrid has begun to apply from this Saturday the law that recognises the unborn as an additional member of the family unit for administrative purposes. The regulation, published yesterday in the Official Bulletin of the Community of Madrid (BOCM), allows the nasciturus to be considered for accessing aids and benefits that depend on family income, such as study or meal scholarships.

What aids include the unborn?

From now on, families that can prove a pregnancy will be able to include the nasciturus in the calculation of the family unit to apply for scholarships for Baccalaureate or the first cycle of Early Childhood Education in private centres, as well as meal scholarships. It will also be considered in those aids whose payment is conditioned on the birth of the baby.

To benefit, no minimum gestation week is required, unless the specific regulations of each aid indicate otherwise. However, financial aids will require a gestation period exceeding 14 weeks, as established by the law.

“To prove the pregnancy, a medical report must be presented issued within the five working days prior to the application, with identification of the doctor, registration number, gestation week, and expected delivery date,” states the official text.

Large families: the assimilated condition arrives in six months

One of the most anticipated points is the equivalence to a large family for those families with two children expecting a third. This measure will not come into effect until six months later, when a specific certificate will be created that will be mandatory to access benefits such as tax deductions, discounts on public transport, or fee exemptions.

In that case, families will be able to apply for the status of assimilated large family from the day after the 14th week of gestation. Once the baby is born, it will be sufficient to present the birth certificate and a responsible declaration to convert the temporary certificate into the definitive large family card.

For residents of the Community of Madrid, this represents an economic relief: a family with two children and a third on the way will be able to benefit from discounts on transport passes or university fees without waiting for the birth.

What happens if the pregnancy does not come to term?

The law stipulates that if the unborn does not come to birth, the family must inform the Community of Madrid. However, the administration cannot demand the return of the aids or benefits that have already been recognised while the requirements were met.

Furthermore, the regulation empowers the heads of the ministries to develop the necessary provisions for its application. The law was approved on July 2 in the Assembly of Madrid with the votes of PP and Vox, and responds to an electoral commitment of President Isabel Díaz Ayuso since 2019.

For the average citizen, the change is practical: if you are expecting a child and need to apply for a meal scholarship for your other child, you can now include the nasciturus in the declaration of family income, which may reduce the per capita income and increase the chances of obtaining the aid. The only requirement is to present a recent medical report, less than five days old.

Carmen Reyes

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Carmen Reyes

Redactora jefe

Periodismo por la Complutense y más de quince años pisando moqueta institucional. Cafés dobles, agenda infinita y cero paciencia para la palabrería; dirige la redacción de Madrid Red y coordina la cobertura de política y sociedad.