Is Unassisted Childbirth Legal?

The short answer is yes, unassisted childbirth is legal in the United States and all other countries. However, there are certain things to consider in general and in specific places if you're planning or considering an unassisted birth.

1. Misdemeanor in Nebraska. Unassisted childbirth is not illegal in Nebraska. However, it is a misdemeanor in Nebraska for a father to catch his own baby. However, the mother or someone else is allowed to catch the baby.

2. Homebirth is illegal. Attended homebirth is legal in most states, but certain midwives aren't. For example, in Pennsylvania it is illegal for any midwife besides a CNM (Certified Nurse Midwife) to attend a homebirth. However, CPM's (Certified Professional Midwives) still do attend births. The stipulations are that they cannot accept insurance coverage, and there is no legal recourse for parents who believe she was negligent. So only have a CPM if you will never want to sue her. Unassisted birth, however, is perfectly legal in PA. It is discouraged, definitely, but is legal nonetheless.

3. Unenforceable laws. Many people think unassisted birth is illegal in their state. And there may indeed be laws that say it is illegal. However, there are 2 main things to consider here.

First, any woman planning an unassisted birth should read her state's laws for herself, instead of going on what even a government official tells her the law is. Officials make mistakes too, and don't know every law.

Secondly, the laws that say unassisted childbirth is illegal are all unenforceable. That is, there is no way to prove that labor wasn't so fast that it was impossible to call the midwife or drive to the hospital or birth center, etc.

Unassisted birth is legal all over the country, and the world. However, problems sometimes arise when couples who are planning unassisted births tell others of their plans beforehand. Couples have also experienced needless questions when they transfer to the hospital for non-emergencies. This includes taking the baby to the hospital to be checked after birth. A healthy newborn doesn't need any examination, and if you do your research and especially if you have other children, you will be able to tell whether your baby is healthy. If you do want an examination, take your baby to a naturopathic doctor, chiropractor, or family practitioner. Never take a healthy newborn to the hospital!

If you keep your UC plans under your hat and stay home unless there's a true problem, however, you will have a perfectly legal unassisted birth. In addition, you need to be given a social security and birth certificate for your baby, if you want them. So don't stop until you and your baby get what is rightfully yours, whether it's the birth experience you want, or the documents you're entitled to.