Birth in Germany - what's legal?

[MultipleMama]

I'm giving birth to Germany and I was hoping someone could help me out.

I originally wanted a freebirth but when I told a friend this she became abrupt with me and told me I could be prosecuted for it - is this true?

My brother is a MW in Russia, would it be possible for him to deliver my baby "legally"? And do you have any idea how to go about this correctly?

What are my rights? And the laws in general relating to midwifery/giving birth?

I've tried to find information online but coming up blank, and scared to ask around incase someone wants to intervene so hoping someone here can help.

Sorry, if this is posted in wrong section. Didn't know where to post to ask.

Thanks in advance.

As far as I know you are free to chose when and how to give birth and who you want and don't want to be with you.

There is a chance that, should there be complications at birth, you could be prosecuted for harming the baby.

I would discuss this with an independent midwife as one of your possible options. If your brother is a midwife I see absolutely no reason why he couldn't deliver your baby at home. As the mw, he would be at risk of you suing him if anything went wrong - is he aware of that risk?

Thanks for the advice.

Would my brother need to be insured in Germany to act as my MW? We haven't asked him yet as we are still discussing our options but I would like as much facts as possible before approaching the subject with him, just so he knows that we've thought through our options.

Are you currently under midwife care? I know that the law re. insurance for midwives has recently changed.
I would go and talk to an independent midwife, maybe at your local Geburtshaus, and see what they have to say.
I assume that you are not paying your brother, so he would technically not be working, would he?

We've met 3 Hebammes (instead of Beleghebammes) who meet our requirements and 2 stood out to us so DH and I are discussing which we prefer and will make a final desicion and call the chosen MW after our first scan (to find out our dates) on 18th.

I already asked two local MW via phone for annomity and one said if she knew I planned for a freebirth she would not only alert authorities but she would refuse to be my MW. Then other MW gave me and a frank and firm "no" and knowing my intentions would not feel comfortable being my MW, she then told me it is against the law to give birth without a medical professional present... which I think isn't correct.

I wouldn't be paying my brother but he and his partner would be staying with us, technically he's a medical professional so I don't think I'm breaking the law...

I didn't know the law had changed, I'll have to do more research and try approaching another MW for advice.

If my baby died in labour during a free birth knowing it was little would give me little or rather no comfort.

Your brother may be a medical professional in Russia but if he isn't registered as one in Germany, he isn't a medical professional there, technically or not. So if German law requires you to be attended by someone trained, yes your brother would be breaking the law.

If something was going wrong your brother would also not have the necessary connections to access appropriate medical care for you locally.

I can understand mw refusing to look after you, knowing that you are planning a free birth, as they can be held responsible. Fair enough. There is no need for you to tell them about your plans, though, is there?

Why do you want a free birth? What if something goes wrong?

Legal not little!

This is what Wiki has to say, which seems to confirm that in Germany (in contrast with Austria) it is permitted to give birth without a medical professional, but that you can be prosecuted if you are deemed to have harmed your baby by not using a midwife. I think the fact that you would be with a qualified - but uninsured - midwife, ie your brother, makes it a legal grey area:

"In Deutschland ist es einer Schwangeren zwar grundsätzlich erlaubt, ohne Inanspruchnahme professioneller Hilfe zu gebären. Sollte das Kind jedoch unter der Geburt Schaden erleiden, den eine Hebamme hätte verhindern können, macht sich die Mutter unter Umständen der fahrlässigen Körperverletzung oder gar fahrlässigen Tötung (§§ 222 und 229 StGB) schuldig."

German police seem relatively keen to prosecute parents for negligence, or at least to investigate whether negligence could be proven. I can totally understand why the midwives you consulted are so unwilling to get involved, for the sake of their own insurance.

Obviously you can't rely on a Wiki page for reliable legal advice - the best thing you could do is consult a family law expert and ask whether your brother would fulfill the definition of professioneller Hilfe.

Like I said, I orginially planned a freebirth, I've done my research and I've had 2 previous homebirths, one unassisted, we wanted a freebirth for personal reasons, however, if I couldn't have a freebirh I'd rather have my brother instead of a stranger as my MW.

I'm not sure it is illegal as there are others who have had freebirths in Germany (found blogs online) so it is possible, I think. From my limited knowledge my brother only has to attend a midwifery course in Germany for him to be registared here, it's more the confusion on insurance that has us hesitating asking him. I don't really care if he's insures because I'd never sue him for something out of his control, but it harmed his career then we'll be finding another solution.

In the end, if I absolutely must have a MW then I will. But to us, personally, birth should only be witnessed and shared with loved ones.

Thank you, Archfarchnad. Your post was easier to understand than what I found but we will continue to do research and consult someone regarding the legal aspect for more detailed advice and opinion. :)

The trouble with insurance is that in Germany it is an insurance based system for all health care.

I hope that, whatever arrangement you go with it is a safe and positive experience. But if there are any issues with your baby, that a German insurer decides were in any way attributable to what happened during delivery, this could all get very expensive very quickly. It would all be covered between insurers if you are using a German-registered and insured MW. But could land you with serious bills otherwise.

As your DB is not from an EU country, then it is unlikely his qualifications will be automatically recognised. But perhaps he could enquire from Russia what is needed to practice legally in Germany?

I suspect that a number of the freebirthers you've heard of will have had midwives technically on call/engaged, but perhaps chose not to call them and just said "it was unexpectedly quick" and "the baby arrived before the midwife did".

I'll enquire about my brother's qualifications. And see what does and does not apply. Reason I'd rather have my brother is because I trust him with mine and my children's life and I know he would put the baby needs first, he's also not afraid to tell me how it is and that he some areas he knows best. He's also delivered a few premature babies (due to fast deliveries) and more than 7 breech babies. I'd feel safer and calmer with him there either as my MW or for support.

I'd rather freebirth with some support than non at all. My first was BBA and the 2nd was with a MW as I was my friend's "first freelance client".

I know I may not get my way and I'm prepared for that I just want to look over all my options regarding the law first.

In Germany it is normal to choose "your" midwife, and you can agree a home or Geburtshaus birth where the midwife will only observe and be there "just in case".

It is also normal that, over the course of your pregnancy, you bazillions of check-ups and your antenatal classes, all done by the same midwife, he or she will eventually become a friend who knows exactly what you want, rather than some stranger midwife you meet for the first time when you are in labour.

I had a planned homebirth in Germany - but my MW didn't make it on time and DH delivered DD in the bathroom.....

No problems for her- or me thankfully - apart from the registration because it wasn't in a hospital. Homebirth is very unusual here and so out local Amt wasn't used to registering births as there was no hospital in the Stadt.....

No repercussions for either of us - and it even states in her yellow book that she arrived before the MW did!

I suspect your best bet would be to have your brother as your support/doula etc for the birth and either ask the MW to keep their distance or be a bit late on calling them.

Thanks everyone for the advice. I spoke to some in legal and he said it is done though it is considered illegal without any form of medical professional present insured or not. He said if you can prove a person's credidentionals then you could "get away with it".

In the end, after discussing it. We are going with a homebirth and have my brother & a very hands off (I want her out of the way, like she's not there) MW who only intervenes when absolutely necessary. I just don't want the hassle... sometimes I wish I was back in the UK for this baby so I could have my unassisted birth...