Understanding consent during childbirth: your right to information and to say no
Informed consent is a cornerstone of medical care. It means that before any procedure or treatment, you have the right to enough information to make an informed decision, including the right to say no.
During labour and birth, that right doesn’t disappear. But many people feel that in the intensity and urgency of the birthing environment, their voice was not heard, their questions were not answered, or their refusal was not respected.
This article explains what informed consent means during childbirth, and what your legal rights are when that standard isn’t met.
Birth plans and informed consent
A birth plan is one way of communicating your preferences ahead of labour. While it isn’t legally binding, it forms part of the broader informed consent process, a record of your wishes that healthcare providers are expected to take seriously and engage with.
Dismissing or ignoring a birth plan without explanation or discussion is not consistent with a consent-centred model of care. If your clearly stated preferences were disregarded without reason, that may be relevant to a legal claim if harm resulted.
Consent and vaginal examinations
Vaginal examinations during labour are routine, but they are not automatic. Each examination requires your consent, and you have the right to decline or to ask why it is being recommended.
Performing a vaginal examination without consent, or continuing after a person has asked to stop, may constitute a battery under Australian law, regardless of the clinical intention behind it.
What about emergency procedures during labour?
Genuine emergencies can limit the time available for a full consent discussion. Australian law recognises this, and in a true life-threatening emergency, a healthcare provider may be justified in acting without prior consent.
However, an “emergency” is not a blanket override. Where time permitted a brief explanation and that explanation wasn’t given, or where the situation was not as urgent as it was presented, consent obligations still apply. You should have been told what was happening and why, even in a compressed timeframe.
Coercion versus genuine consent
Consent must be freely given. It is not genuine if it was obtained through pressure, fear, or misinformation.
Examples of coerced or invalid consent during childbirth can include being told that refusing a procedure would harm your baby without a balanced explanation of the risks and alternatives, being pressured into agreeing while in active labour and without adequate time to consider your options, or being told “we’ll just do it” without any discussion at all.
If you agreed to a procedure but felt you had no real choice, and you suffered injury as a result, that is worth examining. Consent obtained through coercion or unreasonably inadequate information is not legally valid consent.
What are your rights if consent wasn’t respected?
Where a procedure was performed without valid consent, you may have grounds for a legal claim, either in negligence or, in some cases, in battery. Compensation may be available for physical harm resulting from the procedure, as well as psychological injury arising from the experience.
Your birthing experience deserves to be heard
Conversations about consent in childbirth are gaining long-overdue attention. If your experience during labour and birth left you feeling unheard, overridden, or violated, and you suffered injury as a result, you are not alone, and there may be legal options available to you.
At Maliganis Edwards Johnson, our medical negligence team understands the sensitivity of these matters and offers confidential, obligation-free consultations. Reach out to us today to talk through your experience.