Can I receive maternity benefits if I adopt a child under 6 months old?

Lawyer Nguyen Thu Thuy, YouMe Law Firm LLC replied:

Article 31 of the Law on Social Insurance 2014 stipulates the conditions for enjoying maternity benefits as follows:

1. Employees are entitled to maternity benefits when they fall into one of the following cases:

a) Pregnant female workers;

b) Female workers giving birth;

c) Female workers who are surrogate mothers and mothers who request surrogacy;

d) Employees adopting children under 6 months old;

d) Female workers using IUDs, workers undergoing sterilization;

e) Male employees who are paying social insurance and whose wives give birth.

2. Employees specified in Points b, c and d, Clause 1 of this Article must pay social insurance for at least 6 months within 12 months before giving birth or adopting a child.

3. Employees specified in Point b, Clause 1 of this Article who have paid social insurance for 12 months or more and must take time off work to rest during pregnancy as prescribed by a competent medical examination and treatment facility must pay social insurance for 3 months or more within the 12 months before giving birth.

4. Employees who meet the conditions specified in Clauses 2 and 3 of this Article but terminate their labor contract, work contract or quit their job before giving birth or adopting a child under 6 months old are still entitled to maternity benefits as prescribed in Articles 34, 36, 38 and Clause 1, Article 39 of this Law.

Article 36 of the Law on Social Insurance 2014 stipulates the period of enjoying the regime when adopting a child as follows:

Employees who adopt a child under 6 months of age are entitled to maternity leave until the child is 6 months old. In case both parents participate in social insurance and meet the conditions for maternity leave as prescribed in Clause 2, Article 31 of this Law, only the father or mother is entitled to leave.

Thus, employees who adopt children under 6 months old and have paid social insurance for 6 months or more in the 12 months before adopting a child are entitled to maternity leave. The period of maternity leave when adopting a child is until the child is 6 months old according to the regulations cited above.