Is Home Birth Illegal in Nebraska? The Law Explained

There are a lot of misconceptions out there when it comes to home birth in Nebraska. Simply put, home birth is legal in all 50 states - it is not illegal to have a home birth in Nebraska!

In 1993, Attorney General Don Stenberg stated that midwifery is illegal in Nebraska and this has severely impacted families’ access to the support they desire for their home births.

Nebraska Revised Statute 38-613 prohibits Certified Nurse Midwives from attending home births. A CNM is only one type of midwife, and the only one recognized by the State of Nebraska. Nebraska does not offer licensure for other types of midwives. There are no laws prohibiting Direct Entry Midwives, Certified Midwives, Certified Professional Midwives, Traditional/Lay Midwives, Doulas, Birth Keepers, Birth Photographers, friends/family members or anyone who is not a Certified Nurse Midwife from attending home births in Nebraska.

Nebraska Revised Statute 38-613:

(3) A certified nurse midwife may perform authorized medical functions only in the following settings:

(a) In a licensed or certified health care facility as an employee or as a person granted privileges by the facility;

(b) In the primary office of a licensed practitioner or in any setting authorized by the collaborating licensed practitioner, except that a certified nurse midwife shall not attend a home delivery; or

(c) Within an organized public health agency.

It should be noted that CNMs can attend home births in all other states.

The AG’s words have had a long-lasting effect and to be honest, Nebraska is extremely hostile towards home birth. However, home birth will always happen, and many of us are choosing it! You are free to birth your baby wherever you please. If you are looking for community surrounding home birth, please reach out!