what do do when its illegal in your state? - Mothering Forums

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#1 of 5 Old 06-12-2002, 02:48 PM - Thread Starter
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My doula told me that in North Carolina, it is not only illegal for a lay midwife to attend a homebrith, it is also illegal for a CNM to attend a homebirth.

Do I have any options, or do I just pray I dont have complications and get caught?

just wondering.
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#2 of 5 Old 06-12-2002, 04:53 PM
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Do you have insurance? You could see an obstetrician so that you could transfer with no questions asked, but hire an "underground" midwife for the actual birth, and then just call and tell the hospital (*after* you'd seen a pediatrician unaffiliated with the obstetrician) and tell them that it was a precipitous birth, and therefore had been unassisted, but that you had already had the baby checked out by Dr. so-and-so and all was fine.
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#3 of 5 Old 06-12-2002, 05:14 PM
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I would continue to research. Even in places where it is illegal they seldom (if ever) prosecute parents. Any midwife you find working 'underground' knows the risks she is taking and probably has a system worked out for hospital transfers, etc. Many of hem will take you to the hospital and be your doula there.
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#4 of 5 Old 06-12-2002, 07:02 PM
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Here is some starting contact info:




I'd talk to other people. Also are you close to a border of another state? Maybe making contacts there. Some midwives travel great distances or may know someone practicing in NC.

Good Luck!

Spark and her four firecrackers.
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#5 of 5 Old 06-12-2002, 10:38 PM
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Non-CNM's are illegal, however, depending on what exactly your knowledgeable helper/midwife/traditional attendant does & if she/he has any kind of state licenses (i.e, RN, PA) there are ways for those kinds of helpers to do things legally & some things that they might do would be called illegal/practice of medicine. There are ways to attend births w/out doing anything construed as illegal & one of those ways is to have someone there to do assesments & the father/partner of Mom catch his/her own baby. I go inot great detail about this during every consult that i have w/ potential clients. Plus, they read about it in my informed Papers/Document as well. CNM's are legal as long as they have a formal signed agreement with a back-up doctor that is own file with the state board of nursing & that the back-up doc's hospital is w/in 1/2 hour of the CNM's clients. There are two CNM's that I know of in NC who are doing it legally & one CNM who is not, according to the NC Board of nursing protocols. She protects herself by dropping off any transfers at the hospital door & leaves them there at the hospital door. They can not mention her name or she would be in big trouble, nor can they take in any chart that the CNM might have on the mom. from, karen of BirthTender in the foothills of the NC Mtns.
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