A Guide to Your Birth Rights in the UK

Your birth rights are protected by law. Whether you choose to give birth in a hospital, at home, or in a birth centre, you have the right to informed consent, bodily autonomy, and respectful maternity care.

Let’s take a closer look into what that actually means by addressing some frequently asked questions about birth rights.

What is informed consent?

Informed consent means that you are the ultimate decision-maker in your care, and it is non-negotiable. No medical procedure – whether it’s an induction, episiotomy, or c-section – can be carried out without your explicit consent. That means you have the right to say yes or no to anything offered to you. You should also be given all the information (including the risks, benefits, and alternatives) about each option, so you can make a truly informed decision about accepting or refusing them.

If you ever feel pressured into a procedure you don’t want, remember: ‘no’ is a complete sentence. You do not have to justify your decision! And if you feel your choices are being disregarded, organisations like Birthrights and Maternity Action can offer guidance to help you advocate for yourself. 

Can I refuse medical intervention during birth?

Yes. You have the right to decline any medical intervention during labour and birth if you don’t feel it’s the best option for you. Your bodily autonomy is fundamental, meaning no procedure – whether induction, continuous monitoring, or assisted delivery – can be carried out without your explicit consent. The National Institute for Health and Care Excellence (NICE) guidelines state that interventions should only be offered when the benefits outweigh the risks – but the final decision is always yours.

Your birth plan is an important tool for outlining your preferences in advance, but remember that you can change your mind at any point. You have the right to ask questions, request a second opinion, or take more time to consider your options. If you ever feel pressured into an intervention, you have the right to decline and request alternative approaches that align with your wishes. Your body, your baby, your choice. 

Can I give birth somewhere other than a hospital on the NHS?

Yes! The NHS is legally obligated to provide maternity care for both home births and birth centres. Birth centres – also known as midwifery-led units – offer a calm, home-like environment where midwives guide you through birth. These centres are designed to provide a more relaxed and supportive atmosphere, often featuring birthing pools, dim lighting, and comfortable spaces that encourage physiological labour. Research shows that birth centres can lead to better outcomes for low-risk pregnancies, including fewer medical interventions, lower rates of c-sections, and higher maternal satisfaction.

Home birth is another safe and supported option, especially for those with straightforward pregnancies. Planning a home birth allows you to labour in a familiar environment, surrounded by people you trust, with midwives attending to your care. While some NHS trusts may attempt to dissuade you from a home birth due to staffing shortages, you cannot be denied this option. If you face resistance, it may help to remind your trust that they have a legal duty to provide midwifery care at home. If necessary, you can escalate your request through the hospital’s senior midwifery team or Head of Midwifery. Ultimately, the decision about where to give birth is yours, and your care should reflect your informed choices.

Understanding your rights as a parent doesn’t stop at birth – there are key legal protections in place to support you as you navigate life with a newborn. Here are some of the most important ones to know:

The right to breastfeed in public

In England and Wales, the Equality Act 2010 makes it illegal for anyone to ask you to stop breastfeeding in public spaces. Whether you’re in a café, on public transport, or in a supermarket aisle, you have the right to breastfeed without interference or discrimination.

Maternity leave and pay

If you’re employed, you’re entitled to up to 52 weeks of maternity leave, regardless of how long you’ve worked for your employer. Statutory Maternity Pay (SMP) covers 39 weeks – you’ll receive 90% of your usual earnings for the first six weeks, followed by a flat rate of £172.48 per week (or 90% of your earnings if lower) for the remaining 33 weeks.

It’s a good idea to inform your employer about your pregnancy early on so you can discuss your maternity leave plans. Legally, you must notify them at least 15 weeks before your due date. When having this conversation, consider outlining your intended leave start date and whether you plan to take advantage of shared parental leave, which is outlined in further detail below.

During your maternity leave, you’re entitled to up to 10 Keeping in Touch (KIT) days – optional work days that allow you to stay connected with your role, attend meetings, or ease your return to work, all without ending your leave. A KIT day doesn’t need to be a full day’s work, it can be anything that constitutes giving up your time to connect with your employer. 

Rights for partners: paternity and shared parental leave

If you and your partner are both employed, you can share up to 50 weeks of parental leave and 37 weeks of pay, allowing you to divide time off in a way that works best for your family. This means you can take leave together, alternate time off, or spread it out over the first year – giving you more flexibility in how you adjust to life with your baby.

Your partner is also entitled to two weeks of statutory paternity leave, which can be taken separately or alongside shared parental leave. Understanding your options can help you plan a balance between work, bonding time, and caregiving that feels right for you both.

Hospitals have policies – but policies are not the law. Just because a hospital has a standard protocol doesn’t mean you must comply. Your rights always take precedence over hospital policies.

For example:

• You can decline continuous foetal monitoring if it’s not medically necessary.
• You can request intermittent monitoring or refuse vaginal examinations if they don’t align with your birth plan.
• You can discharge yourself at any time, even against medical advice (this is called “discharge against medical advice” or DAMA).

Even when you know your rights, standing your ground in a medical setting can be daunting. Hospitals run on hierarchy and protocol, and it’s easy to feel like your voice is the smallest in the room. But you and only you get to make the decisions. Here’s how to advocate for yourself with confidence:

Use the BRAIN acronym when making decisions

When faced with a medical decision, pause and ask the following:

• Benefits: What are the benefits of this intervention?
• Risks: What are the risks?
• Alternatives: Are there other options?
• Instinct: What is your gut telling you?
• Nothing: What happens if you do nothing for now?

Bring a birth partner who understands your birth plan

A well-prepared birth partner is your greatest advocate. Discuss your birth preferences in advance, making sure they understand what you do and don’t want. In the moment, they can ask key questions, reinforce your wishes, and step in if you feel pressured or vulnerable.

Learn what the law says

If you want to feel truly confident in your birth rights, Lucy’s Maternity Rights Course – included in the Butterbean Membership – equips you with the knowledge and tools to advocate for yourself at every stage. From understanding your legal protections in the birth room to navigating maternity rights at work and beyond, this course is designed to empower you with clear, actionable information.

Knowing your rights isn’t about being ‘difficult’ or ‘uncooperative’ – it’s about making informed choices that are respected and upheld. Whether you’re planning a hospital birth, a birth centre experience, or a home birth, one thing is certain: you are in control.