Unassisted Home Birth Australia
Is Unassisted birth legal in Australia?
Yes!
Unassisted home birth is legal in ALL states and territories of Australia.
Put quite simply, there are no laws against it, and even if there were, proving you had planned it would be quite difficult as precipitous birth is a recognized happening ("We just couldn't make it to the hospital in time")
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You may cop some flak from medical professionals or friends and family, but at the end of the day, you, as the birthing woman, have the right to choose HOW and WHERE you birth.
"[Women have] the right to control our birthing options, including the right to decide our care providers, birth companions, treatment options and the circumstances of our birth." http://humanrights.gov.au
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If you are threatened with CPS or told DHHS will take away your baby, please understand it is your right to birth how you want. There is no reason to take baby for your mode of birth, only if they would be unsafe afterwards (which if you are at the hospital seeking post birth care, CLEARLY you are not endangering baby - See this helpful article on your rights.)
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You do have to register the birth within 60 days, regardless of where baby was born, and they have forms specifically for unassisted/home births.
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Note: Some assisted home births are illegal in some states, as a midwife must be registered, insured and following the rules for her profession, and in some areas they aren't allowed to attend a home birth.
And in South Australia, someone acting as a midwife without medical training can also be prosecuted.
So if someone says a home birth is illegal, this is what they mean. It can be illegal for attendants.
