Is Unassisted Pregnancy, Unassisted Childbirth, or Freebirth Legal In Australia?
To my knowledge, there is no law against birthing unassisted.
A law making it illegal to birth without the presence of a
trained professional would be a horribe intrusion on basic
human rights. It would also make it difficult for homebirth
to be legalised - not all midwives make it in time for the
birth especially if it is a fast birth.
Homebirth is legal in all states and territories of Australia,
yet there will be people stating misinformation as fact, due
to the social conditioning and lack of knowledge present in
Australia regarding birth, especially that of homebirth, midwife
attended or not.
However, to protect women and the midwifery model of care,
it is illegal for anyone to act as a midwife if they are not a
registered midwife. The position of midwife is protected
by law, in the State Nursing Acts.
If you are told that unassisted childbirth or pregnancy is
illegal in Australia, or your state, then my advice to you
is to ask to see the actual wording in the supposed law that
states it is illegal. Ask for real proof, don't just
take the word of an government official - most of them are
poorly informed on the actual laws!
More womens rights information here that is relevant to unassisted childbirth.
Foetal Welfare & The Law
It may be of interest to you to know that the Australian Medical Association (AMA) commissioned
an enquiry a couple of years ago called Foetal Welfare
and The Law and in that one of the outcomes was the statement
that under no circumstances did the law have the right
to interfere with the rights and choices of a woman in
relation to her body and unborn baby even where they felt
those choices posed a danger to either.
"...When a competent, properly advised pregnant
woman has clearly communicated her decision to decline
a particular form of treatment, there are no circumstances
in which the law should seek to override this decision.
The principle that her wishes should be respected should
prevail regardless of the degree of risk either to herself
or the foetus..." References
.References
to Foetal Welfare statement:Seymour, J. (Barrister and Solicitor
of High Court of NZ and Supreme Court of ACT) “Foetal Welfare
and the Law” a 249 page Australian report of an inquiry commissioned
by Obstetricians and Gynaecologists, the National Association
of Specialist Obstetricians and Gynaecologists, The Australian
College of Paediatrics and Medical Protection Association of Australia.
