Rights during pregnancy and childbirth

Rights during pregnancy and childbirth
What are your rights during pregnancy and childbirth? Educate yourself so you can make informed decisions and ensure your choices are respected.

From the start of your pregnancy until your baby is born, you’ll receive care and follow-up through the health care system. Like any other patient, you have rights that medical staff must respect. These rights are guaranteed by law in Quebec and Canada.

The right to choose your prental health care provider

You have the right to choose your prenatal care provider. This could be a family doctor, a specialized nurse practitioner (SNP), a medical specialist, or a midwife. You also have the right to change care providers at any time during your pregnancy.

This right is enshrined in Quebec’s Act Respecting the Governance of the Health and Social Services System. Section 9 of the Act states that “every person is entitled to choose the professional or the institution from whom or which they wish to receive health services.”

However, the Midwives Act states that a midwife may only provide care and services as long as the pregnancy and birth are going smoothly. In the event of a complication during pregnancy, the midwife must, depending on the nature of the situation, consult a physician or transfer the patient’s clinical care to a physician. The conditions requiring a referral to a physician or a transfer of care to a physician are specified in one of the regulations governing the practice of midwifery.

Midwives cannot provide care to women who are expecting twins. In addition, they may not deliver breech babies, except in emergency situations—the Midwives Act specifies that a midwife can conduct a breech delivery “while awaiting the required medical intervention or in the absence of medical intervention.”

Specialized nurse practitioners (SNPs) can also monitor expectant mothers throughout their pregnancy, as long as they don’t require specialized or ultra-specialized care. SNPs, however, are not authorized to deliver babies.

The right to choose your birth location

In Quebec, you also have the right to choose your birth location if a midwife will be delivering your baby. You 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 must discuss all the available options with you and provide you with the information necessary to make an informed decision.

If, after exploring all the options, you choose to deliver at home, your midwife must conduct a home visit to ensure that the services will be provided in a safe environment.

The right to consent to medical interventions

Section 13 of the Civil Code of Québec states that consent is not required if your life is in danger. Consent is also not required if your safety is at risk and it cannot be obtained in time.
This provision is not intended to override a refusal of treatment when you are capable of consenting, but rather to allow for emergency care when you are unable to consent (e.g., if you’re unconscious).

You have the right to consent to medical interventions during pregnancy and childbirth. This right is specified in the Civil Code of Québec. 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.

Section 11 of the Civil Code of Québec also prohibits subjecting a person to medical treatment without their consent. This includes examinations, tests, treatments, or any other procedure.

This means that you have the right to be informed. You should be aware of the risks and side effects of any medications or treatments offered during pregnancy and childbirth. Your prenatal care provider is also required to discuss all available options with you. You’re free to refuse these interventions if you don’t consider them necessary.

You also have the right to refuse to be treated by medical or SNP students. This could be the case, for example, if you are receiving care at a university health centre.

What are your baby’s rights regarding medical interventions?

The rights mentioned above also apply to your baby after birth.
Parents have parental authority. This means that as a parent, you can consent to required medical care for your child as long as they are under 14 years old. However, your decisions must be made in your child’s best interest.
If parents refuse treatment of a minor without justification, the health care facility may seek court authorization. Furthermore, if the parents’ decision is not in their baby’s best interest, the Director of Youth Protection may intervene. In an emergency, treatment can be carried out without parental consent.

The right to leave the hospital

You have the right to leave the hospital any time after giving birth. According to the Civil Code of Québec, no one may be detained in a health care facility without their consent. You may exercise this right at any time, unless the law or a court orders your involuntary commitment. It is guaranteed as long as you are capable of giving consent to treatment.

Therefore, 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 are also not required to sign a refusal of treatment form.

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

C-section and vaginal birth after a C-section (VBAC): What are your rights?

As with any medical procedure, your doctor should make sure you fully understand the risks of a caesarean section (C-section) and obtain your consent before proceeding.
The laws in Canada state that a woman can refuse to have a C-section, even if the medical staff is concerned about the safety of the fetus. According to federal case law, a baby becomes a human being only when it has fully emerged, alive, from its mother’s womb. That means the fetus does not have any rights that could limit those of its mother.
In the absence of a medical reason, the doctor may refuse to perform a C-section, even if you request one.
If you have had a C-section before, your doctor will explain your options for childbirth. The Society of Obstetricians and Gynecologists of Canada recognizes that vaginal delivery is a safe alternative for some women after a C-section.
If vaginal birth after C-section (VBAC) is a safe option for you, your doctor should tell you. However, they should also inform you of the risks associated with this type of birth. Once you have all the facts, you can decide which birth option is right for you. Remember that you can refuse to attempt a vaginal delivery and request a C-section.

Things to keep in mind

  • As a pregnant woman, you have rights that must be respected by medical staff.
  • You have the right to be informed of the benefits and risks of medications and treatments offered to you.
  • You have the right to refuse a procedure that you do not believe is necessary.
Naître et grandir

Legal review: Léa Charbonneau-Lacroix, lawyer
Research and copywriting:The Naître et grandir team
Updated: August 2026

Photo: iStock.com/Tatyana Sokolova

Resources and references

Resources

References

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