Homebirth is illegal, and I am so discouraged!

[lincolnsmom]

We just moved to Nebraska, and although I knew before we got here that homebirth is illegal here, I met with some other people who are interested in the idea of it over the weekend and the news is so discouraging!

First, all the midwives in the state here were issued cease and desist orders from the attorney general, and the four practicing midwives in my town *Lincoln* have all retired.

Second, Nebraska is the only state where a husband can be prosecuted for practicing medicine without a license for catching his own baby!

We're ready to try for another baby, but the C-section rate in local hospitals is 33%, and stupid mandatory hospital policies like a blood sugar test before the baby is allowed to nurse (allowed to nurse!), if the baby's blood sugar is low, then they don't allow you to refuse a bottle of formula or sugar water.

This is all so contrary to the path of our first birth, gently at home, without unecessary tests and ridiculous policies. I'm just so disappointed that my next child won't have the benefits of having a gentle beginning at home. And I so wanted a water birth, too.

There is one midwife out of state, a two and a half hour drive, who is willing to brave the harsh legal climate, but I have a 20 month old, and such a drive once a month is daunting ...

Thanks for letting me vent, and if you have any advice, I'd love to hear it.

[sadean]

WOW, how backward I have no real advice...2.5 hours IS a long drive, but it might be worth it to avoid what sounds like a horrendous maternity system.

[Annie]

They wont let you nurse your own child without a blood sugar test? Holy crap! I mean it's *YOUR* child, you should be able to nurse it when you want, and maybe i'm crazy but shouldnt the hospital be encouraging you to nurse? Sheesh! And what if you accidentally had a homebirth. They'd actually prosecute your DH...sheesh (btw i know you planned and want one, just saying what if) So I guess it would be in your dh's best interest to run the other way as soon as you go into labor lest he be slapped with a 'practicing without a med. lic'. What B.S. Pardon my language.

I had no idea laws could be so backward and screwed up, and I'm so sorry you're going through this, I hope everythign workse out for you.

[MonikitaUT]

My question is, if you DID end up having a homebirth, how hard would it be to get a birth certificate afterward?? Is that when they might try to prosecute, or do they only do that in the case that something "went wrong" like a hospital transfer or something?

That is seriously messed up. And I thought Utah was bad! Here it is illegal for a CNM to do a homebirth, but legal for lay midwives.

[sohj]

That should be unconstitutional to call Homebirth illegal.

I am SURE if someone had the right lawyers at hand, this law would be found to be full of holes.

I mean, you just can't legislate when mothers go into labor nor where they are when it happens.

[georgia]

About the drive.....I like to think about that old saying "the road to a friend's house is never long."

Best wishes on a wonderful pregnancy and birth.....go with your instincts!

[Nabbe]

Cant you just... Lie to them and say that it happened so fast, that you did not dare to move and go to hospital? And get a midwife who is willing to do it, like a lay midwife or something? Or would still the father or that mw be able to be percecuted?

[Fiddlemom]

totally unbelievable....

and yet of course I believe ya, sister! How completely outrageous. I can totally understand why you might feel very disappointed and unsure of what to do. Wow.

Summer of '03 my family moved from very birth-friendly Seattle (where ds#1 was born at home, and ds#2 would have been too were it not for his early arrival) to the E. Shore of MD, where homebirth is basically illegal. I don't know the ins and outs of the laws here, and after reading your post, I think I'll go look them up! We're not planning on having another, but it is REALLY depressing living in a place where women have to break the law to have a decent birth!!!

I read your post to my husband who was totally amazed, and when we got to the part about the husband catching the baby, I said, "what if the woman catches the baby?" to which he replied, "would SHE be practicing medicine without a license??? Wait a minute, is every woman who has a baby breaking the law??"

wishing you lots of luckk for a peaceful and safe birth....you totally deserve it.

[amyjeans]

This must stop

Does anyone know of a legal group that supports homebirth? HSLDA covers homeschooling- there should be a legal defense team for all homebirth families.
Let's begin a petition to this attorney general for this outrage!
The government has no right to dictate the manner in which you live.
According to the c-section rate, its clear that saftey is not the concern, but money. That's what its all about.
Its time to fight for the right to be human.

[rad]

Please excuse my language...But that is F-ing ridiculous!! Everyhitng about it is insane. The laws and the hospital procedures. My first thought was what if *you* caught the baby. Just say you couldn't make it to the hospital on time and you caught your own baby. I'm curious on whether they'd prosecute you.

I hope you find someway to have your baby at home.

Does anyone know of a legal group that supports homebirth? HSLDA covers homeschooling- there should be a legal defense team for all homebirth families.
Let's begin a petition to this attorney general for this outrage!
The government has no right to dictate the manner in which you live.

I have no idea...but if there is one, I would help out in any way possible.

[carlasher]

not cool

Thats what I talking about! I mean, I hate to lie, but if it means the health and safety of my family...the only thing its going to hurt is someone elses pocketbook.

Ack! Take your baby away right after birth? They MUST be crazy. Someone lays a finger on my baby to take him away...well I dont want to discuss it on this board.

And about the father being procecuted...well if you are not able to catch the baby, are you to just let him slide on the floor?? :

Originally Posted by Nabbe

Cant you just... Lie to them and say that it happened so fast, that you did not dare to move and go to hospital? And get a midwife who is willing to do it, like a lay midwife or something? Or would still the father or that mw be able to be percecuted?

[Nabbe]

I could not bare it if i did not get my baby up right away after birth. When i had my first, my dd, the midwife asked me if i wanted her... I was like "YESSS" ofcourse, she laughed and said to my husband that some women dont want the first child up directly cuz they think all the blood and so forth is so disgusting... Come on, how could my daughter be disgusting? Well, she was not a pretty sight, she was even blue, but as long as she was breating, it was not a problem.

[saintmom]

Looks like you have two choices,stay home and play dumb-Gee the baby came sooo fast-or LEAVE! and go somewhere birth friendly.Be strong mamma,I'll keep you in my prayers

[2+twins]

Sorry if I'm repeating something (I don't have time right now to read all the other posts), but while the law states that the father cannot catch his own baby, it does NOT state that you or someone else (like family or a friend) cannot do it. Your husband could do it too, you just wouldn't mention that he actually did the catching and you would want to explain the birth as a "too fast to get to the hospital" experience. http://www.unassistedchildbirth.com/ discussed this issue specifically in their FAQ, but now I'm having trouble finding that page again. Anyway, good luck and do whatever it is that you feel is best for your family.
And as far as the sugar-water thing - know that you always have the right to refuse anything for yourself or your baby. If you know that going in, you'll be better prepared for what's ahead. Discuss it with your dr. upfront - make sure everyone knows where you stand on that issue (if you do give birth in the hospital).

[Seeking Refuge]

Wow and I thought things were ridiculous here in Iowa.

One thing that I have been wondering about is how can they prove that your midwife is a midwife. I mean she could just be a friend that is there to be with you during the delivery. I understand that women like my midwife who are certified professional midwives are on a national directory but does NARM make that list available to law enforcement officials?

[Electra375]

I didn't think it was "illegal" in any state to have your baby at your home. I know the situation of mw is not cut and dry.

I honestly don't think they can prosecute a husband or mother for delivering his/ her own baby at home. I mean really, there are women out there who don't make it to the hospital.

Perhaps the best plan is to just have your baby at home and have you cut the cord. "I was alone, it all happened with in minutes, I thought I would have more time. I was waiting on my dh to arrive home from work to take me to the hospital."

Also is the government actively on a witch hunt or are they prosecuting only those that have a complication?

As for a birth certificate, if NE is so bad and it would be unsafe to even ask the question. You could always just say you had your baby in your car in the next state over and get a BC from that state.

Maybe this website might have a link to help you.
www.vbfree.org

[lorijds]

How far a drive is it for you from Topeka, Kansas? Do you have any relatives in that area? I work in a birth center there. Perhaps this is an option for you. I know we have had mamas from up around the border, and even some from within Nebraska, but I'm not sure of all the way into Lincoln.

Our website is www.topekabirthcenter.com if you are interested.

I also hear rumor of a birth center opening in KC; but frankly, I'm thinking it would be faster for you to drive down to topeka than through KC. I know there are several mws in KC, though, so if you have relatives there, you might plan a home birth in a friend/relative's house.

HTH!

Lori

[be11ydancer]

Originally Posted by Nabbe

Cant you just... Lie to them and say that it happened so fast, that you did not dare to move and go to hospital? And get a midwife who is willing to do it, like a lay midwife or something? Or would still the father or that mw be able to be percecuted?

That's what I was just thinking. It's YOUR body and YOUR baby. I would avoid the hospital you mentioned like a plague. It sounds like the state of Nebraska wants to do its best to set up new moms for failure.

[lincolnsmom]

Well, thanks so much for all your advice and encouragemenet. My dh is NOT down with UC, thinks it's too dangerous. I'm not sure i agree, but it's his kid, too, so I need to respect his limits.

However, this midwife I mentioned seems quite good, and she lives in a city where my sister in law's family is. this doesn't mean I'm welcome to have a baby in her house, but it will make those drives easier, in case we should have to stay the night in a snowstorm or some such thing.

I still think of an out of state midwife as a temporary solution, however. I know there are women out there who want a homebirth, and can't drive three hours once a month to get the care and birth they desire. Homebirth should not be a matter of privilege, in my opinion.

I'm working on finding out what the situation is with the mw s in the state, whether it's just this administration, or what ...

[mainemom]

time for the system to change!!

You could also contact the ACLU and/or local legal defense and get some advice. I cannot imagine the government legislating giving birth! However, that seems to be the case...it's disgusting. Best to you as you work through this ridiculous system. I share your frustration and hope things work out for you--and for all of those mamas in NE who want to birth their babies their way!!