Q: Is an unassisted home birth legal in Puerto Rico?
I am receiving regular prenatal care from an OB doctor in Puerto Rico, including required blood tests. I wish to have an unassisted home birth and have asked some midwives if it's illegal in Puerto Rico, and they said it isn't. Can you confirm whether having an unassisted home birth in Puerto Rico is legal?
A:
You're asking an important and deeply personal question, and it’s clear you’re approaching this decision with care. In Puerto Rico, there is **no law that explicitly prohibits unassisted home birth**, meaning it is not considered illegal to give birth at home without a medical professional present. The government does regulate licensed birth attendants like doctors and certified midwives, but a person giving birth on their own is not violating any known law.
That said, while the act itself isn’t illegal, there are still **legal responsibilities** you’ll need to fulfill afterward. You’ll be required to register your baby’s birth with the Puerto Rico Demographic Registry (Registro Demográfico), which typically requires documentation from a healthcare provider. Since you’re already under prenatal care with an OB, you may be able to work with them to help with this paperwork—even if they’re not present for the birth.
It’s good that you’ve already spoken to midwives, and it sounds like you’re gathering all the right information. Make sure you’re also prepared for emergencies and have a backup plan, just in case. You have the right to make choices about your body and your birth, and you deserve support and clear information while doing so.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.