Rights during pregnancy and childbirth

From the start of your pregnancy until the birth of your baby, you will be followed in the health care system. Like any other patient, you have rights that medical staff must respect. These rights are guaranteed by the laws in Quebec and Canada.

Choosing a health care professional and birth location

Section 6 of the Quebec Act respecting health services and social services clearly states that “every person is entitled to choose the professional or the institution from whom or which he wishes to receive health services or social services.” The choice to be followed by a family doctor, a specialist, or a midwife is therefore entirely up to you. You can also change health care professionals at any time during your pregnancy.

However, the Midwives Act states that a midwife may only provide care and services as long as the pregnancy and birth are going smoothly. If a complication occurs, the midwife must transfer clinical responsibility for the patient to a doctor. One of the regulations governing midwifery work also mentions the conditions that would require mandatory transfer for medical consultation.

For example, midwives cannot care for twin pregnancies or deliver breech babies. It should be noted, however, that under the Midwives Act, a midwife may, “in an emergency, while awaiting the required medical intervention or in the absence of medical intervention,” deliver a baby in breech.

Regarding the birth location, women in Quebec who give birth with a midwife can choose to give birth in a hospital, at a birthing centre, or at home. According to the Regulation respecting the standards and conditions of practice for conducting home deliveries, a midwife is required to discuss options with the expectant mother and provide her with all the information necessary to make an informed decision. If the expectant mother chooses to give birth at home following this discussion, the midwife should also visit the home to ensure that services are provided in a safe environment.

Consent to interventions

Section 10 of the Civil Code of Québec stipulates that no one may interfere with the integrity of a person without their free and enlightened consent, except in cases provided for by law. In addition, Section 11 of the Civil Code of Québec states that no one may be made to undergo care of any nature, whether for examination, specimen taking, removal of tissue, treatment, or any other act, without their consent.

You therefore have the right to be informed of the risks and side effects of medications and treatments offered to you during pregnancy or childbirth. The health care professional monitoring your pregnancy is also required to discuss all available options with you. You’re free to refuse these interventions if you don’t consider them necessary.

If you’re being followed at a university institution, you have the right to refuse treatment by medical students if you’d rather not entrust them with certain important elements of care.

Leaving the hospital

According to the Civil Code of Québec, no one can be held against their will in a health facility, unless the law or the court authorizes it. Therefore, as long as you are able to consent to care, you have the right to leave the hospital at any time after your child is born, even if this goes against the advice of the medical team. You also are not required to sign a refusal of treatment form.

As with medical interventions, this right also applies to the baby, as long as the decision is made in their best interests.

Things to keep in mind

• Like any other patient, a pregnant woman has rights that medical staff must respect.
• She has the right to be informed of the benefits and risks of medications and treatments offered to her.
• She can refuse any medical intervention that she deems unnecessary.

Legal review: Léa Charbonneau-Lacroix, lawyer Research and copywriting:The Naître et grandir team Updated: April 2020

Photo: iStock.com/Tatyana Sokolova