The Legal Rights Of A Pregnant Woman, An Unborn Child And The Mother & Child During Birth.

In this webpage we are going to write an overview of the legal rights in the United Kingdom of a pregnant woman, an unborn child and the mother and child during and after birth. We will also provide many links that will direct you to further detailed information so you are better informed. 

THE LEGAL RIGHTS OF A PREGNANT WOMAN

HUMAN RIGHTS 

Under the human rights act 1998 a pregnant woman is entitled to the following:

1. She is entitled to free maternity care.
2. All organisations that deal with her pregnancy must treat her with dignity and respect.
3. She has the freedom to make choices that are suitable to her and the unborn child even if it is against the advice of a medical professional.
4. She has the right to privacy and confidentiality
5. She has a right to equality 
6. She has a right not to be discriminated against for any one of the 9 protected characteristics identified by the equality act 2010

LINK TO GOVERNMENT WEBSITE FOR HUMAN RIGHTS ACT 1998

LINK TO GOVERNMENT WEBSITE FOR EQUALITY ACT 2010

LINK TO GOVERNMENT WEBSITE FOR EQUALITY ACT 2010 – GUIDANCE

A pregnant woman’s human rights are protected and if they are violated then she can make a claim in the UK courts. 

MEDICAL AND HEALTH  RIGHTS

A pregnant woman is entitled to the following:

1. Free prescriptions during the pregnancy
2. Free dental care
3. Free maternity/antenatal care
4. If you are pregnant and are entitled to certain benefits you may be eligible for the health start government programme which helps with food and milk.

LINK TO NHS WEBSITE FOR HEALTHY START 

LINK TO NHS WEBSITE FOR HOW TO APPLY FOR HEALTHY START

1. You have a right to view your maternity records.
2. You have the right to change your midwife or obstetrician.

WORK RIGHTS 

A pregnant woman is entitled to the following:

1. Statutory maternity leave and pay

LINK TO OUR L.I.P HELP GUIDE FOR STATUTORY MATERNITY LEAVE AND PAY

2. Statutory paternity leave and pay

LINK TO OUR L.I.P HELP GUIDE FOR STATUTORY PATERNITY LEAVE AND PAY

3. Tax credits

LINK TO GOVERNMENT WEBSITE FOR TAX CREDITS

4. Maternity allowance

LINK TO OUR L.I.P HELP GUIDE FOR MATERNITY ALLOWANCE

5. Maternity grant

LINK TO OUR L.I.P HELP GUIDE FOR MATERNITY GRANT

6. Reasonable time off work with full pay for antenatal appointments. You are entitled to this whether you work full time or part time.

THE LEGAL RIGHTS OF THE MOTHER DURING BIRTH 

A pregnant woman has the following rights during birth:

1. The right to choose whether they would like a birth partner.
2. The right to choose their birth partner. 
3. The right to more than one birth partner (if the hospital can accommodate it – if they cannot then special consideration should be given to the needs of the woman. A carer or an interpreter for the birth mother does not count as a birth partner).
4. The right to choose where you give birth (hospital, home or at a birthing centre. You can give birth at home even if your pregnancy is high risk mid. You can choose the hospital you wish to give birth at as long as they have a maternity wing)
5. You have the right to film your birth however, the staff peasant may not want to be filmed. You will need to clear this with the hospital or birthing centre and with the staff attending the birth and write it in your birth plan. 
6. You have the right to ask for a caesarean section. There must be a good reason for medical staff to refuse.
7. You have the right to refuse a caesarean section. There must be a good reason for medical staff to conduct one despite your request. 
8. You can refuse to have a midwife during birth.
9. You can refuse any form of treatment or care during birth. 

THE LEGAL RIGHTS OF AN UNBORN CHILD

In the United Kingdom the unborn child or foetus doesn’t have any rights until they are born. The birth mother can make any choices she wants (medical and lifestyle) whether it is in the best interest of the unborn child or not.