Matters in Healthcare: The legal implications of having a home birth in Bermuda

WEDNESDAY, NOVEMBER 9: The BHeC (Bermuda Health Council) and the Bermuda Sun have teamed up to answer your questions about the island’s healthcare system.

Visit www.bhec.bm to submit your queries and look for our response in the Bermuda Sun and on bermudasun.bm.

This week’s questions focus on home birthing in Bermuda.

Question 1: Many members of the public are being led to believe that planning and having a home birth in Bermuda is illegal.

In addition they are constantly being told that it is an unsafe and irresponsible choice.

Can you please shed some truth on the matter as this is clearly not the case at all.

Answer: The BHeC is fully supportive of safe deliveries.

We believe that childbirth should be as safe as possible for both mother and baby, and that it should be a positive and enriching experience for the family.

In Bermuda at present only a registered midwife or physician can legally attend a woman in childbirth.

Under the Midwives Act 1949, Section 2(b), a registered midwife, working in conjunction with a physician, can offer delivery services.

It is illegal for any other person to attend a woman in childbirth whether for gain or not, “unless it is under the direction and personal supervision of a registered physician”.

For childbirth attendants the relevant laws are the Midwives Act (1949) and Medical Practitioners Act (1950). 

There is no legislation requiring a qualified attendant to be physically present at a delivery, or specifying the location of delivery.

Any birthing experience may have sudden and unexpected complications for mother or infant which require a rapid medical response.

For this reason BHeC endorses the Department of Health Position on Birthing 2009, which does not support home birthing in Bermuda at this time because rapid response safeguards cannot be assured in the event of an obstetric or neonatal emergency. 

A negative outcome for infant or mother that is attributed to failure of the mother to take appropriate steps to ensure safe delivery may result in referral to Family Services.

Question 2: Also, can you please explain why in other jurisdictions such as Canada, US and UK, that the Midwifery Model of Care is accepted and Certified Professional Midwives (CPMs) have permission to practise along with Certified Nurse Midwives.

Finally, please address the current legislation concerning Midwifery in Bermuda and perhaps make mention of the path of action that our progressive community should take in order to have the current Act updated and to accommodate Bermudian Midwives, which should rightfully include Certified Professional Midwives.

Answer: The Bermuda Health Council is reviewing all regulations for health professionals and amendments will be made in line with regulatory priorities within the health system as a whole.

In making these amendments, BHeC will be reviewing best practice standards of other countries such as Canada, the US and the UK.