Woman challenges refusal to allow home birth

A mother has challenged a refusal by the HSE to allow her have a home birth for her second child.

Yesterday the High Court heard the woman, who is 24 weeks pregnant, is being prevented from giving birth in a home setting by the HSE because of its “blanket” and “rigid” policy of not allowing women who have previously delivered children by caesarean section to have the next baby at home.

Her counsel Mathias Kelly told the court the HSE turned down his client’s application to give birth at home solely on the basis of her previous C-section.

The court heard home birth services are provided free of charge by the HSE. Any mother seeking to avail of the service must contact the appropriate designated officer. The mother, after discussing the criteria and the various risks associated with home births with the designated officer, must then make contact with a local self-employed community midwife.

After going through that process and submitting her application, the woman was informed in late May by the HSE she would not be allowed give birth in a home setting, counsel said.

She decided to see if the HSE would make an exception in her case. The woman, who has no existing medical or gynaecological problems or difficulties with her pregnancy, obtained reports from consultant obstetricians in Ireland and the UK on her medical history.

In proceedings against both the HSE and the minister for health, the woman is seeking an order from the court quashing the HSE’s refusal of her application for a home birth.

She also seeks a declaration that refusal by the HSE along with the threat of criminal sanctions for any medical practitioner who attends a home birth for women who have previously had a C-section, breaches the European Convention on Human Rights.

Permission to bring the action was granted yesterday, on an ex-parte basis, by Mr Justice George Birmingham. The case will come before the court again next month.