When Can Fathers Claim Maternity Pay in Brazil?

When Can a Father Receive Maternity Pay in Brazil?

Brazil's maternity benefit (salário-maternidade) is typically associated with mothers, but the law allows fathers to claim it in specific circumstances. Here is everything you need to know.

Death of the Mother During or After Birth

If the mother dies during childbirth or while she is already receiving the maternity benefit, the father can take over the payments — provided he is enrolled in Brazil's social security system (Previdência Social) and actually steps away from work to care for the child. The total benefit lasts up to 120 days. If the mother already received part of it, the father is entitled only to the remaining period. The application must be submitted before the last day of the original benefit window.

Adoption and Court-Granted Guardianship

When a couple adopts a child or obtains judicial guardianship for the purpose of adoption, either the father or the mother can request the benefit — but only one of them. The same 120-day period applies, regardless of the child's age. Same-sex couples follow the same rules: one partner chooses who will receive the benefit.

Do I Need a Minimum Contribution Period?

No. The INSS states that there is no minimum number of contributions required. The only condition is that the applicant must hold active insured status (qualidade de segurado) on the date of birth, adoption or judicial guardianship.

How to Apply

• Call the INSS hotline: 135
• Use the Meu INSS platform — available on the website or the mobile app