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The Constitutional Court has guaranteed the right of children conceived after the death of the father to payments

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The Constitutional Court (CC) of Russia has guaranteed the right to a survivor's pension for children born after artificial insemination from the father who died before the procedure. This was reported in the press service of the CC on February 11.

"On February 11, 2025, the Constitutional Court of the Russian Federation guaranteed insurance pension for loss of breadwinner for children conceived after the death of the parent with the help of biomedical technologies. The case on checking the constitutionality of ch. 1 and 3 of Article 10 of the federal law "On insurance pensions" was considered on October 22, 2024 in connection with the complaint of citizen M.Y. Shchankova", - stated in the message on the court's website.

In November 2016, Maria Shchanikova from St. Petersburg used reproductive cells of her deceased husband, which were obtained while he was still alive. After more than 300 days, the woman gave birth to twins, the court recognized the deceased spouse Shchanikova father, but the pension authority refused to assign her children insurance pension for loss of breadwinner.

It was specified that the court recognized ch. 1 and 3. art. 10 of the Law "On Insurance Pensions" not in compliance with Art. 7, 19 par. 1 and 2, Art. 38 par. 1 and 2 and Art. 39 par. 1 of the Constitution of the Russian Federation.

Earlier, January 27, Russian Prime Minister Mikhail Mishustin said that from February 1, the government will index more than 40 different social payments and benefits by 9.5%. It was noted that the indexation will affect payments to veterans of World War II and combat operations, Chernobyl victims, Heroes of Russia, Heroes of Labor, people with disabilities, as well as families with children.

Before that, on December 3 last year, the State Duma proposed to pay both pensions - disability and survivor pensions - to disabled children, disabled from childhood of groups I and II, who lost one or both parents.

Переведено сервисом «Яндекс Переводчик»

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