Stillbirth and “Star Children” in Austria: Rights and Practical Steps in 2026

If your baby is stillborn, dies immediately after birth or you experience a miscarriage, paperwork may not be your first concern. It is nevertheless useful to know your rights in Austria and which official steps follow. The information below reflects the situation in 2026.

Stillbirth and miscarriage: what is the difference?

Austrian rules distinguish between these situations mainly according to the baby’s birth weight. This distinction affects many of the rights that follow.

• Stillbirth (Totgeburt): the child is born dead or dies during birth and weighs 500 grams or more.
• Miscarriage (Fehlgeburt): the child is born dead and weighs less than 500 grams.
• Child who dies immediately after birth: the child is born alive and then dies shortly afterwards.

The term “star child” (Sternenkind) is used for these babies.

First steps in hospital

You can spend as much time with your baby as you need to say goodbye. Family members can also meet the child and say goodbye.

Speak to the attending doctor or midwife (Hebamme) and ask for advice. A blessing or emergency baptism (Nottaufe) may also be possible, with support from hospital pastoral care (Krankenhausseelsorge).

If the child is stillborn or dies immediately after birth, the death must be reported to the civil registry authority (Personenstandsbehörde). If the child dies after being born, probate proceedings (Verlassenschaftsverfahren) will also begin. You will receive a letter about this from a notary.

Maternity protection and maternity benefit

After a stillbirth, an employed woman must not be employed for 8 weeks. Longer periods apply in certain situations:

• Stillbirth, general case: 8 weeks after birth
• Premature birth, multiple birth or caesarean section: 12 weeks
• If the maternity protection period before birth was shortened, for example because of an unexpectedly early birth: the shortened period is added, up to a maximum of 16 weeks

Insured women receive maternity benefit (Wochengeld) during the maternity protection period.

There is no maternity protection after a miscarriage. However, you may take sick leave (Krankenstand) because of your health. Continued payment of remuneration (Entgeltfortzahlung) by the employer, and where applicable sickness benefit (Krankengeld), may apply. Since 1 September 2024, midwife assistance is also available after a miscarriage occurring after the 18th week of pregnancy.

Protection against dismissal and termination

Employed women have special protection against termination and dismissal from the beginning of pregnancy until the end of the fourth month after birth.

• After a stillbirth: protection lasts for 4 months. In exceptional cases, termination or dismissal is possible, but only with court approval.
• After a miscarriage: protection ends after 4 weeks. Dismissal during these 4 weeks requires prior court approval.

If you need to be absent from work because of the death of a close relative (Dienstverhinderung), your employer must continue paying your wages. You must notify the employer of the absence. Many collective agreements (Kollektivvertrag) contain additional rules.

Family allowance, childcare benefit and insurance

Family allowance

At the child’s birth, family allowance (Familienbeihilfe) is paid automatically if the requirements are met. It is no longer paid from the month following the child’s death.

Childcare benefit

Childcare benefit (Kinderbetreuungsgeld) is not paid after a stillbirth, miscarriage or a death immediately after birth. If the child dies while the benefit is being paid, entitlement ends, so you should notify the health insurance fund (Krankenkasse) as soon as possible.

Health insurance

During payment of Kinderbetreuungsgeld, parents are generally insured. Afterwards, co-insurance (Mitversicherung) through a partner or voluntary self-insurance (Selbstversicherung) may be possible.

Unemployment benefit

If the child for whom unpaid parental leave (Karenz) began dies, and the employer did not agree to end the Karenz early, you are considered unemployed. If the other requirements are met, unemployment benefit (Arbeitslosengeld) may be payable for the remaining Karenz period, provided you do not have an employment relationship with another employer. Health and pension insurance also apply in this situation.

Burial rules by Austrian province

There is a burial obligation throughout Austria for stillborn children and children who die immediately after birth. The rules for miscarriages differ by province:

• Vienna, Lower Austria, Upper Austria, Salzburg, Styria and Vorarlberg: burial is required.
• Carinthia, Burgenland and Tyrol: there is a right to burial, meaning it is an available option.

If the parents do not arrange the burial, the hospital takes care of it. An individual farewell is also possible.

Grief and aftercare

You may use home-based midwife support (Hebammenhilfe) after the event. This is a service provided by the health insurance fund. Services outside the fund’s coverage must be paid for in full by you. Grief seminars (Trauerseminare) are also available.

Frequently asked questions

Is maternity protection available after a miscarriage?

No. After a miscarriage below 500 grams, there is no maternity protection, but sick leave may be possible.

How long does dismissal protection last after a stillbirth?

Special protection applies for 4 months after the birth. Termination is possible only in exceptional cases and with court approval.

Can I receive childcare benefit after a stillbirth?

No. Childcare benefit (Kinderbetreuungsgeld) is not paid in this situation.

Is burial compulsory?

For a stillbirth, burial is compulsory throughout Austria. After a miscarriage, the rule depends on the province.

Practical steps

1. Ask the attending doctor or Hebamme about your medical situation, your farewell options and available hospital pastoral care (Krankenhausseelsorge).
2. If the child was stillborn or died immediately after birth, ask how the report to the Personenstandsbehörde will be handled.
3. Contact your employer about the applicable maternity protection, sick leave or Dienstverhinderung rules, and check your Kollektivvertrag.
4. If you are insured and entitled to it, arrange payment of Wochengeld after a stillbirth.
5. Notify the Krankenkasse if Kinderbetreuungsgeld was already being paid and the child has died.
6. Ask the hospital or local authority about burial arrangements, especially if a miscarriage occurred.
7. Ask your health insurance fund or midwife about Hebammenhilfe and Trauerseminare.

Important: This article is based on information available online and is not legal, medical or other professional advice. For advice about your individual situation, contact a lawyer, legal professional, healthcare professional, employment-law or labour-market specialist, or another relevant professional. Source: oesterreich.gv.at.