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Constance Marten and her lover Mark Gordon have been charged with grossly negligent homicide.
The couple were arrested in Brighton on Monday night, ending a nationwide police manhunt that began when they fled seven weeks ago with their baby.
But Marten, 35, and his partner Gordon, 48, did not have the newborn when officers rushed to arrest them.
The Crown Prosecution Service has confirmed tonight that it has cleared charges against the couple, who are due to appear at Brighton Magistrates Court tomorrow morning.
Marten and Gordon have also been charged with concealing the birth of a child and perverting the course of justice.
Aristocrat Constance Marten, 35, who disappeared with her lover Mark Gordon, 48
Mark Gordon, 48, and Constance Marten, 35, had been missing for 54 days, sleeping rough in a tent.
Mourners gather for a vigil at St Mary Magdalene Church, Coldean, East Sussex tonight
Barry Hughes, Chief Crown Prosecutor for CPS London North, said: “CPS have authorized the Metropolitan Police to charge Constance Marten and Mark Gordon with grossly negligent homicide.
Constance Marten, 35, and Mark Gordon, 48, have also been charged with concealing the birth of a child and perverting the course of justice.
“These charges stem from her arrest on Monday as a result of a lengthy police investigation to establish her and her baby’s whereabouts.”
A Metropolitan Police spokesman added: ‘Detectives from the Met Crime Squad have charged two people in the death of a baby.
Constance Marten, no fixed address, and Mark Gordon, 48, no fixed address, were charged Thursday night with grossly negligent homicide.
They were also charged with concealing the birth of a child and perverting the course of justice. They will appear in custody at Brighton Magistrates Court on Friday 3 March.
A statement continued: ‘Officers found the body of a baby while searching the Hollingbury area of Brighton on the afternoon of Wednesday 1 March.
The baby has yet to be formally identified and a post-mortem examination will take place “on Friday, March 3”.
Sussex Police Chief Superintendent James Collis (left) and Metropolitan Police Detective Superintendent Lewis Basford (right) carry floral tributes on Golf Drive in Brighton
It comes as a vigil for the baby was held outside St Mary Magdalen Church, Coldean, East Sussex, tonight, close to where the remains were found in the search.
Mourners were seen holding candles and lighting a small fire outside the church to pay homage.
The remains of a newborn were found yesterday near a public footpath in an area that has not yet been searched by police in Brighton.
So far, officers have been unable to confirm the gender of the baby and an autopsy has not yet been carried out, while police say it is also too early to provide a specific date of death.
Speaking at a press conference today, Detective Superintendent Lewis Basford confirmed that the case has been referred to the police watchdog.
He said: ‘At this stage we have not yet been able to confirm the sex of the baby and the post-mortem examination has not yet been carried out.
“Despite this, based on our investigations we have carried out so far, we regrettably believe that the baby may have been dead for some time before it was found. It is too early for us to provide a more specific date.
“Because we believe the death occurred during the course of a missing persons investigation, we have made a mandatory referral to the Independent Office for Police Conduct (IOPC). This is the standard protocol for such circumstances.
A vigil at St Mary Magdalen Church, Coldean, East Sussex, close to where the remains were found.
So far, officers have been unable to confirm the baby’s gender and an autopsy has yet to be performed.
A police officer stands in a cordon around the place where the body is believed to have been found yesterday.
An IOPC spokesman said in a statement that the watchdog is “currently evaluating the referral to determine what, if any, further action is required on our part.”
Superintendent Basford added that officers investigating the case are “devastated” by its outcome, having confirmed that Marten and Gordon remain in custody, with the warrant extended until Thursday night.
“We are truly devastated by the result and we know this emotion is felt here in Brighton today and across the country,” he said.
“We know that there are still many unanswered questions, and it is important that we give the investigative team the time and space they need to establish more details about the circumstances of this tragic death.”