It's a bit complicated...<br><br>
Homebirth is legal in all 50 states. Attending a homebirth in an "official" capacity is not legal in all 50 states.<br><br>
In New York, a midwife can attend a home birth legally if she has an OB and a hospital that are willing to provide backup care. The problem is that in many areas of New York, there are no OB/Hospitals willing to take that "risk", and even fewer willing to take the "extra risk" of providing backup for a VBAC mother.<br><br>
The homebirth midwives in my community (upstate NY) can and do legally attend homebirth VBAC...but each one has a different set of requirements (like at least one vaginal birth after the prior c/s) based on what their backup providers will allow.<br><br>
The ACOG guidelines for VBAC were changed a few years ago to say that a hospital offering VBAC must provide "immediate" access to a cesearean...and most hospitals and insurance companies have taken this to mean a full OR team must be standing by ready to go for the duration of a VBAC birth. (the older wording required an OR team to be on-call but did not require that they be physically at the hospital ready to go). The change in wording meant that many smaller hospitals couldn't afford to offer VBAC (it costs a lot to have a team good to go for an unknown amount of time at the end of which they will probably not have been used) and it was an excellent "out" for hospitals that no longer wanted to offer VBAC.<br><br>
So IF a hospital "allows" VBAC, and IF that hospital also "allows" midwife care (different hospitals have different rules regarding who has the right to practice there) then yes...a midwife can attend a hospital VBAC in NYS. And IF a specific homebirth midwife has OB/Hospital backup and IF a mama fits into her specific VBAC criteria (as set by the midwife and her backup support) then yes...a midwife can attend an HBAC in NYS.<br><br>
But obviously...there are a lot of "ifs" in that statement!