Legislation and procedures

Legislation

Legal Background: Law of March 30rd, 1984 amending Articles 55.56 and 57 of the Civil Code and 361 of the Penal Code (MB, 12/22/1984).

L'inhumation ne peut avoir lieu avant l'expiration d'un délai de 24 heures après le constat du décès. De même, elle ne peut être faite que sur autorisation délivrée par l'Officier de l'Etat civil (= permis d'inhumer) et après délivrance d’un certificat de décès par un médecin.

The burial can not take place before a period of 24 hours after the death finding. It can only be organised after the authorization of the Civil Status Officer (burial permit) and after the death certificate issued by a physician.

Declaration

The physician conducting the death finding shall report it in a death certificate, stating all its circumstances. A birth certificate must be prepared even if the child dies before the declaration of his birth. The death certificate will warn the government, medical care insurer, family allowance fund, etc.

Death of a baby aged of more than 180 days

Under the current legislation, every dead-born child should be declared dead when the duration of pregnancy is at least 180 days (circular of the Minister of Justice of June 10th , 1999 on the introduction of the Civil Code of an article 80a on the declaration of a lifeless child, MB, 01/07/1999).

When a baby dies during the birth certification (by the civil officer, doctor or midwife), the civil officer reports a declaration of lifeless child (Article 80a of the Civil Code). This act enters in the register of death certificates.

The parents have the opportunity to state the first name chosen for the child. No family name can be assigned to the child. The baby must be buried or cremated.

Death of a baby aged less than 180 days

If the foetus is born dead after a pregnancy lasting less than 180 days, there is no reporting requirement. Therefore, the baby receives no first or last name. The circular from the Ministry of Interior of September 9th, 1991 asks communes to provide a part in their cemeteries to the burial of foetuses of less than six months. The foetus may be buried at the request of parents or physician, can be mentioned without the name of the foetus or the parents. The foetus can be cremated if the parents wish.

Recognition of stillbirth

Currently, an unmarried father can not recognize his dead-born baby. The recognition by the unmarried father is regulated by article 319 of the Civil Code. It provides that if the paternity is not established under the presumption of paternity in the context of marriage, the father may acknowledge the child. If the child is an unemancipated minor, recognition is admissible only with the prior consent of the mother. Recognition may be made by deed, not the will, when it was not made in the act of birth (Article 327, Civil Code).

Models of death declarations

• Declaration of birth of a child born alive (model I)

• Declaration of death of a child under one year or a stillborn (model III D)

• Declaration of death of an elderly person a year or more (model IIIC).

These different patterns of deaths declaragions are available in PDF format on the website of the Centre for Health and Social: http://www.observatbru.be/documents/sante/source-et-flux-des-donnees/bulletins-statistiques.xml?lang=fr

Formalities with respect to administration

Medical care insurance refund in case of death

Dès qu'elle est avertie du décès, et selon l'assurance souscrite par le titulaire, la mutualité versera une allocation de décès et/ou une intervention dans les frais funéraires.

The medical care insurance will pay a death benefit and/or intervene in the funeral expenses. (modèle de lettre pour la mutuelle)  Y-a-t'il un lien ici ?  Il y en avait un mais périmé, je ne trouve pas d'autre lien valable, sur votre site ?

The welfare services and allowances bodies

In case the deceased received aid and benefits from social services allowances, these service are to be notified of his death. In general, all agencies that grant allowances are to be prevented.

Information to provide to the commune

Communes website offer information on death and on the procedures to be followed. This information is also available by phoning your local administration.

The hospital social service where the child was treated can help you in this very difficult occasion. Assistants and nurses are aware of the social opportunities that will be offered for the ceremony that you want to book for your child. Feel free to use their service. Aid can also be found with the social service of your health insurance.

More information can be found here: http://www.mutsoc.be/Mutsoc/MaSituation/Famille/Deces/