Parenting and Reproduction

1.6.1. How are mothers/ parents supported financially and socially by the state? (tax allowances, maternity leave, parental leave for fathers/ partners, for care of older children, child benefit, child care provision).

The support of people raising children is based on the National Strategy for the Child and on the Law on Protection of the Child (2000). The main principles of the Law include protection of the child based on: recognition and respect for the personality of the child; bringing up the child in a family environment, best provision for the child’s interest, special protection of children at risk or of gifted children (Art.3). According to

Sotiropoulou, V. and Sotiropoulos (2007 p13) the policy of the Bulgarian government towards parenting and children had predominantly been focused on cash benefits, but has gradually been shifting towards the provision of social services. However, they find that there is lack of information about the new child welfare initiatives and about available resources (Sotiropoulou, V. and Sotiropoulos, 2007: 9).

Rights to childcare benefits are regulated by the Law on Family Benefits for Children. In relation to citizenship the following groups of people are entitled to childcare benefits: Bulgarian citizens; families of children who are Bulgarian citizens and who reside in the country; and families of non-Bulgarian citizens permanently resident in the country if the receiving of benefits is prescribed by another law or international treaty signed by

Bulgaria. The people who can receive benefits are: pregnant women; parents of children under 18 or families of relatives, ‘close ones’ or foster families for children who live with them.

There are several types of child-related benefits:

• Right to paid absences during pregnancy for tests or medical treatment

There is no limit to the time that the pregnant woman can use, however it has to be

necessary for the procedures to be done during working hours (Labour Code, Art. 157:7).

• Right to Compensation due to Pregnancy and Childbirth (315 days)

All pregnant women are entitled to this compensation, regardless of their employment status. However, if they were in employment for 6 months prior to their maternity leave, they are entitled to additional compensation after the end of the 315 days. This period was increased from 135 to 315 days in January 2007.

The amount of the compensation is 90% of the salary of the woman or equal to the minimum wage in the country, depending on which is more. If the woman is not

employed she will receive the minimum wage. The entitlement to this benefit depends on the income of the family not exceeding the maximum amount defined by the government. The 315-days entitlement is used before and after the birth of the baby, 45 days have to be taken before the due date. If the baby is born before the due date the unused days are taken after the birth. If the child is still-born, dies or is given for adoption, the mother is entitled to compensation for only 42 days after the birth. If she has not recovered after 42 days the period can be extended after an examination by a health professional. If the mother dies or is seriously ill, the compensation is paid to the person taking care of the baby.

After the end of the 315 days of maternity leave, there is a right to compensation for raising a small child (discussed below) until the end of the second year. After that period the leave of the carer can be extended until the child is 3 years old and it is counted towards employment service but it is unpaid.

• Compensation for Changing Occupations during Pregnancy

If the woman is transferred to a different job due to pregnancy or breastfeeding she can

receive financial benefit if her new wage is lower than the previous one. The daily benefit is calculated as the difference between her current average earning and her average earnings in the previous job during the last 6 months.

• Paid leave for Breastfeeding

Women who work full time and are breastfeeding are entitled to 2 hours a day of paid leave until the child is 8 months old, and 1 hour if they are working 7 or less hours.

• Singular help/benefit at childbirth

This is a lump sum paid to the mother at the birth of a living child and is not related to income. The Law for the State Budget for 2008 (December 2007) defined the amount of 250 BGN (128 EUR) for first child, 600 BGN (307 EUR) for second and 200 (102 EUR) for every further child. Previously benefit was 200 BGN for first, second and third child and 100 BGN (51 EUR) for every further child. These changes are related to the

government policy to encourage parents to have a second child that have been initiated in response to the decreasing popularity of the 2-children family model. This model was traditionally the most popular among the Bulgarians but has recently been replaced by the 1-child family. There are studies, for example the World Values Survey (1999) and the Census 2001 (National Statistical Institute, 2001), showing that people find the 2-child model as most desirable but do not practice it. The number of live births per woman aged 15-49 has been declining between 1989 and 2002 when it reached its lowest level of 1.21 live births per woman of fertile age. There has been a slight increase during the last four years with available statistics (2005 and 2006).

Crude Birth Rate Year (live births per 1000

population)

Rate of natural population increase (Births minus deaths

per 1,000 population)

Total fertility rate (Live births per woman aged 15-49) 1990 12.1 -0.4 1.81 1995 8.6 -5.0 1.23 2000 9.0 -5.1 1.27 2001 8.6 -5.6 1.24 2002 8.5 -5.8 1.21 2003 8.6 -5.7 1.23 2004 9.0 -5.2 1.29 2005 9.2 -5.4 1.31 2006 9.6 -5.1 1.38

Source: National Statistical Institute Bulgaria (2006) Населениеидемографскипроцеси [Population and Demographic Processes], http://www.nsi.bg/Population/Population.htm [15.02.08]

The policy of the Government is based on studies on family values like the ones

discussed above and on the assumption that people would like to have 2 children if they had more financial resources. Hence the big difference between the amounts given for a second child and for other children. To my knowledge, the gap in the amounts for first and second and for second and third child has never been so big during the whole history of the benefit.

• Right to compensation for raising a small child (until 2 years of age)

After the period of the Compensation for Pregnancy and Birth the (adopting) mother is entitled to additional paid leave, which is a fixed amount usually the minimum wage and is linked to income not higher than an amount defined by the government. This paid leave can be used by the (adopting) father, or the person who is taking care of the baby. If the additional paid leave is not used, of example if the mother returns to work, she is paid 50% of the amount of the compensation to which she was entitled. The right to

compensation is automatically transferred to the father when the mother passes away or if she is deprived from parental rights. The amount of this support has just been raised by the Government to 220 BGN (112 EUR) (Law for the State Budget for 2008, December 2007).

• Child Benefit

The Child benefit is a fixed amount paid to the parents or carers on monthly basis until the child finishes High school but not more than 20 years of age. Previously all children were entitled to this benefit, but at present it is income related. A new criterion was introduced in 2006 – that the child is regularly attending school (not more than five unauthorised absences per term). This is related to declining rates of school attendance of children in disadvantageous [unequal] position. The income of the family per family member for the previous six months has to be under a fixed threshold for the child to be entitled to benefits. In the case of divorced parents the income of the parent who is not taking care of the child is not taken into consideration. The threshold income per family member for 2008 is 300 BGN (153 EUR), families below this income will receive Child Benefit of 25 BGN (13 EUR) per month.

• Family Tax Relief

Family Income Tax was introduced in Bulgaria in 2006 as part of the measures of the government to promote childbirth. One of the working parents can receive tax relief for raising a child under the age of 18. The amounts deducted from the annual taxes are: 420 BGN (215 EUR) for 1 child; 840 BGN (429 EUR) for 2 children, and 1260 BGN (644 EUR) for three and more children (Law on the Tax of the Income of Natural People, 2007). Bulgarian citizens and foreigners who are asylum seekers or of refugee status are entitled to this benefit. The amount can be claimed by one of the parents (providing a declaration from the other parent that s/he will not use tax relief), guardian or trustee, a family member of relatives or close people if the child lives with them for more than 6

months, or a foster parent.

The tax relief policy was changed and new types of taxation were introduced in 2008. The regime of progressive taxation was replaced by flat taxation of 10% for all working people, regardless of their income. The child tax relief was stopped and was replaced by an increase in child benefit. This means that the money was re-directed from people with high salaries who were claiming tax back to the poorest families whose income is below the threshold defend by the Parliament (Minutes from the Session of the Labour and Social Policy Commission of the Council of Ministers, 09.11.2007)

• School Benefit

This is a lump sum paid to the families of children starting school to cover some of the expenses at the beginning of the new school year. This benefit is income related and was introduced in 2005.

• Social Investment Benefit

Changes in the Law for Family Benefits for Children were approved by Parliament in January 2006, offering additional support to people with children (National Assembly, 2006). This replaced the term ‘pay in kind’ [плащаневнатура] with ‘social investment’ in an attempt to change the negative social attitudes towards family benefits. Alternative forms of family benefits were included, for example payment of nursery fees and

kindergartens; entitlements to free school dinner; payment for items necessary for school education.

• Programmes ‘In Support of Motherhood’ and ‘Responsible Parenthood’

The Programme ‘In Support of Motherhood’ started in 2007 in connection to the attempts of the government to decrease gender differences in employment related to higher

unemployment for women, lower employment rates, and gender pay gap (Ministry of

Labour and Social Policy, 20077). Within this programme unemployed people are paid by the government to look after children under the age of three years whose mothers are entitled to paid maternity leave but have decided to go back to work.

There is another benefit in support of motherhood, but is not part of the programme as it has existed since 1998. Mothers who have given birth or adopted more than 3 children are considered to be ‘of many children’ and are entitled to a free return train ticket to a chosen destination once a year (Regulations of the Social Security Law Implementation, SG 133/11.11.1998; Decree no 295 of the Council of Ministers from 20.12.2001, SG, 112: 29.12.01). Other groups with entitlements to discounts/ free travel are war veterans, pensioners, students. Fathers with many children are not entitled.

The Programme ‘Responsible Parenthood’ is related to the attempts of the government to increase the birth rates and includes a series of measures, some of them discussed above. Parents who are not sending their children to school regularly will receive lower Child Benefits – 16.5 levs instead of 25.0 levs when the child has more than five unauthorised absences from school per term. Other measures include an increase in the amount of benefits, raising the income threshold above which families with children are entitled to child benefit, implementation of programmes promoting family planning and reducing unwanted pregnancies, education programmes for developing parental skills; renewal of childcare institutions (Nikolova, 2007).

• Anti-benefit: the ‘Bachelor Tax’

There is a very interesting example of sanctions of the state in relation to parenting. During the period of state socialism there was the so-called ‘Bachelor Tax’, which was a monthly payment that women aged 21 to 45 and men aged 21 to 50 had to pay for not having children. The tax was 5% of taxable income at the age of 21 and increased with

7 _{Ministry of Labour and Social Policy (2007) Националнатапрограма “Вподкрепана}

майчинството” [National Programme ‘In Support of Motherhood’], Available from the World Wide Web: http://www.mlsp.government.bg/bg/projects/Programata%20za%20maikite-201206.doc [accessed 20.02.2008]

age to reach 15% at the age of 35 (Ministry of Labour and Social Policy, 2006). The Bachelor Tax was payable even by married people who wanted but could not have children for medical reasons. The motivation for the existence of this tax, together with some other restrictions is outlined by the Prime Minister and Head of State Todor Zhivkov:

Some administrative measures should be considered for the overcoming of parental egoism, of the unwillingness to give birth and raise children. Those who do not want to have enough children have to take part in the support of other people’s children (Zhivkov, 1967 cited in Kalinova and Baeva, 2006: 221, my translation)

The Bachelor tax was introduced in 1951 in a state Decree for Stimulating Birth Rates and was abolished in 1990 (Popova, 2004), however there were discussions about its revival in 2006. The parliamentary and public debate was mostly against the tax as it was seen as inappropriate and going against the democratic principles of personal freedom. The main argument of the person who made the proposal for the renewal of the tax in the Parliament was related to the payments of tax. He thought that people who do not raise children do not contribute to the future labour force and are limiting the future pension resources and therefore they should start paying additional tax.

Interestingly a similar tax existed before the socialists came to power. In 1935 the government adopted a Regulation-Decree on the State Budget according to which all employees at state jobs would pay a tax of 5% of their income if it is below 1730 leva and 10% if higher (Ivanov, 2008). All unmarried or widowed employees had to pay this tax, except for military servants and religious servants.

History of the Child-Related Benefits and the Pronatalist Policies in Third Bulgaria (since 1878)

Protection of working pregnant women and entitlement to maternity leave was regulated for the first time in 1905 (Ivanov, 2008). After the First World War the first Law for Public Health (1929) was adopted regulating the state health support of mothers and

children, and also putting a ban on abortion.

The first child benefit in Bulgaria dates back from 1941, when the government started paying all state servants monthly benefits of 100 leva for each child under 21 who is born within marriage or adopted. If the children are aged 21 or more they are entitled to benefit if they are still studying at school or university, or if they have some mental disability (Ivanov, 2008). Additional benefits of 100 leva for second child, and 200 leva for third and following children were introduced in 1941. In 1942 all child benefits mentioned above are extended to all employees taking part in the state pension fund. At the same time this law puts restrictions on the people who are entitled to child benefits – they have to be Bulgarian nationals of Bulgarian origin, which is in line with the nationalist policy of that time (Ivanov, 2008).

In 1943 the Government adopted a whole pronatalist policy for the first time. Law on Families with Many Children was passed aiming at protection of the family, support of families with many children, and stimulating higher birth rates and marriage rates (Ivanov, 2008). It is interesting how the law defines who should be encouraged to marry and have children – these are Bulgarian citizens, who are not mentally ill,

underdeveloped, and do not have hereditary disabilities or diseases that can be harmful for the offspring. Couples where the male partner is over the age of 40 are also excluded from the policy (Ivanov, 2008).

1.6.2. What is the law about registering the birth of a child, and its parents? Who is the father (biological father versus partner of mother etc)? How important is biological versus social

parenting, and has there been a debate about this?

The registration of births, as well as of marriages and deaths, is regulated by the Civil Registration Act (SG 67/ 27.07.1999, last amendment 2006). It is an obligation of the medical staff responsible to inform the local authorities in writing about the birth of a

child born either in or outside a hospital. Birth certificates are issued on the basis of this written notice no later than seven days after the birth of the child.

Verbal announcement of the birth is also made and this is an obligation of the father. The announcement is done in person no latter than five days after the birth of the child, the day of the birth is not counted. If the father cannot announce the birth, for example due to illness, imprisonment, absence, or because he is unknown, another person present at the birth can do it. If nobody announces the birth the civil register servant registers the child based on the information from the hospital. The birth certificate contains information about the name, gender, citizenship, the Unified Civil Number8, information about the parents – such as name, date of birth, address.

The origin of the child is defined according to the requirements of the Family Code (SG/28.05.1985, last amendment 20.07.2007). The Code distinguishes between origin from the mother and from the father in Article 32 and 33. The origin from the mother is determined by birth, valid also in cases where the genetic material belongs to another woman. The father of the child is defined as the husband of the mother when the child is born during the marriage or not more than 300 days after the marriage has been dissolved if the mother has not remarried by the end of this period. If the mother has a new husband he becomes the father of the baby. The disputing of fatherhood is permitted, but not in the cases when the mother with the consent of her husband, put in writing and filed with the manager of the respective establishment, has been artificially inseminated or has given birth to a child conceived with genetic material from another woman (Art.33:4). An interesting example of this regulation is presented in Case Study 2 at the end of the Report.

If only the mother of the child is known the second and last name of the child are formed after the name of the mother, or her father (last name). If the mother is not married to the