In accordance with the draft law, the right to additional measures of state support will arise upon the birth (adoption) of a child only under the following conditions:
- the child’s parents had Russian citizenship at the time of the child’s birth
- the child is a Russian citizen by birth
Currently, the law does not specify that in order to receive maternity capital, parents must have Russian citizenship at the time of the child’s birth, and that the child must be a Russian citizen by birth.
According to the explanatory note, the draft law is intended to eliminate the discrepancy between the norms of legislation and established judicial practice, but the authors of the bill from the LDPR faction explain that it was introduced because, although maternity capital was initially introduced as a mechanism to stimulate the birth of children among Russian citizens, people began to claim maternity capital funds also those children who received Russian citizenship not by birth, and their parents can receive Russian citizenship, including for the purpose of obtaining maternal capital, thus destroying the ideology of the program itself.
These rules will not apply to Russian citizens who received citizenship on the basis of the admission of new territories to Russia.
The explanatory note proposes to postpone the entry into force of this provision of the bill from January 1, 2024, in order to allow persons currently in the process of acquiring Russian citizenship to speed up its registration and exercise the right to maternity capital.
Also under consideration by the State Duma is another draft law related to maternity capital, which is proposed to be given maternity capital only 5 years after obtaining citizenship (more details in our news).
We are closely monitoring the consideration of the draft law and will inform you of any developments and changes.
For more information, please contact the consultants of the Confidence Group company.
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