“Isn’t home birth illegal?” is the most common question I’m asked and the most misconstrued idea surrounding birth in Nebraska.
Below is the ACTUAL written law……
The Nebraska Revised Statue 38-613 (3) states:
A certified nurse midwife may perform authorized medical functions only in the following settings:
(a) In a licensed or certified health care facility as an employee or as a person granted privileges by the facility;
(b) In the primary office of a licensed practitioner or in any setting authorized by the collaborating licensed practitioner, except that a certified nurse midwife shall not attend a home delivery; or
(c) Within an organized public health agency.
At this time it is a felony for Certified Nurse-Midwives (CNMs) to attend home births in Nebraska. Despite the fact that the attendance of home birth is within the scope of practice of a CNM, Nebraska is the only state to outlaw the practice of CNMs in this prospective location
Home Birth is Occurring in Nebraska.
Some births are unassisted, which is legal in all 50th States, some due to lack of access to a midwife or by choice. Some occur with the help of non-nurse midwives who are not licensed by the state. Now, I provide a third option for women wanting homebirth, through a Private Membership Association. See the What is a Private Membership Association page for more details about Private Membership Association.
"Isn't home birth illegal?"
Please remember that everything found on this site is for educational and informational purposes only. Nothing contained in these pages should be considered legal or medical advice; birth is not a medical event.