Hello everyone! Why birth at home is automatically considered a potential criminal? On the parent-child forums this topic of interrogation immediately became the most discussed and hot. Moreover, there are more and more cases of communication with CPS. Main questions: "in connection with what it was decided to give birth to a child not in the hospital? Who attended the birth?" Adherents of house childbirth see in such actions the next infringement of rights. They are regularly ranked as either sectarians or dysfunctional in Russia.
Here are a few comments from the forums (http://www.kemdetki.ru/forum/thread/323274/): "Why interrogate families, in which children are two or three months? And then — why all the questions: about the salary of the father, housing conditions, the pictures of babies... All this is very similar to the collection of information about us who gave birth at home."
"The police with CPS came to the place of residence. There live our parents, who did not even know, that we gave birth at home. The frightened mother-in-law right there, directly in the presence of CPS, called me. One of the employees picked up the phone and asked, where and how we gave birth, who was a midwife, etc. At first I was confused and began to say, that I have an exchange card, there is a certificate of a neonatologist, whom we called immediately after birth, called the clinic, where we were observed. In a word, began to justify... as a result of CPS left, without having left any data".
"Without a summons and any other documents, it was proposed to conduct a survey and invite CPS home. Let's, like, peacefully and amicably communicate here at home, and then there will be problems with custody and CPS. The employee asked the name of the midwife, with whom I gave birth. Then he gave us to fill out an act on the state of the apartment — there were questions about her husband's salary, the meter of the apartment and so on. Then he asked for permission to photograph me with the child. I refused. Then he began to raise his voice and demand, that I write in the protocol the reason for the refusal of the photo. The conversation lasted about 1.5 hours. Copies of the inspection report were not left to us, then I only learned, that CPS is obliged to do it".
But none of these people have broken the law in any way. In the Federal law 323 "on medical care" it is written, that the person receives this help voluntarily, not forcibly. And any person has the right to refuse it. Supporters of home births constantly have problems with representatives of the state. As a rule, they occur immediately, when you have to go to the registry office and register the baby. According to the law, a woman has the right to give birth anywhere — at home, in a hospital or somewhere else. Some families in Russia (about 1%) choose home births. However, there are no midwives licensed to practice outside the hospital — this kind of activity is not licensed here. So midwives, who deliver at home today, even with medical education and work experience, do so at their own risk. Naturally, they have no right to issue certificates for registration of the baby. What only women did not do — and collected signatures under the letter to the President, and met with the chief obstetrician-gynecologist of Moscow, but did not solve the question of the legality of home births.
By the way, I read today, that in the United States, great Britain, Germany and the Netherlands, private obstetric services exist successfully and provide women with a choice. And in 2010, Hungarian citizen Anna Ternovski appealed to the European court of human rights, accusing her government of depriving her of the opportunity to choose, where to give birth, and thereby interfering in her private life. She won the court, and in Hungary the practice of midwives outside the hospital became legal. On the same basis, the Strasbourg court has already granted the complaint against the Czech Republic, Bulgaria and Croatia; at the moment, a lawsuit has been filed by the parents of Lithuania.
We have the same in Russia until legalization far. Hence the problems with the registration of infants born outside the hospital. Currently, the registration of such children is as follows: one of the parents goes to the registry office accompanied by a witness who was present at the birth, or brings a certificate from a doctor, who examined the child and mother after childbirth, and receives a certificate. By law, this is enough to officially become a father and mother. But, as practice shows, few of the registry office employees know the law. And they begin to demand from parents for more help from a pediatrician, a gynecologist from the hospital. Doctors also give information and documents demortain very reluctantly. That is, in the first days after birth, people are forced to run to doctors, and not to deal with their newborn baby. But often after receiving a birth certificate in the registry office of women, who gave birth at home, continue to shake all sorts of instances. Parents complain that the CPS calls them for questioning, include in the list of dysfunctional, sectarian families that the family always come employees of CPS.
Here is another case of violation of rights. (Link: https://www.babyblog.ru/community/post/fanatka/3132269) Lilia shurupova gave birth to her fourth child at home. The family lives in a small village in the Kurgan region. The birth went well, husband (doctor by education) took delivery. Lily did not call doctors and show them the child. But three days later, the doctors of the district hospital came yourself. Husband that day just went to register the son. They examined the baby, said, that they found nothing alarming, but politely offered to go to the hospital "only for examination". At the hospital doctors in an authoritative tone commanded the mother to change into hospital clothes and the place in the house. While she went on offices (ultrasound, the gynecologist), the son was examined by the neonatologist, injected it some preparations and also defined in a hospital. Lilia was asked, why she gave birth at home, why she did not register for the women's consultation, why she did not call an ambulance after childbirth, etc. She patiently answered all questions. And then the neonatologist told, that the baby had been diagnosed with serious abnormalities, and she must leave her son here. Soon arrived husband. In the registry office he was denied a birth certificate. At the same time came the police officer and the representative of CPS, who started interrogation on new came. At the request of the mother to show the child and give the baby, the doctors said,that they can only transfer the child to legal representatives, and Lily and her husband are not legal representatives. Then the doctors came and said, that they were sending the child to the regional hospital in the city of Kurgan, "because of the home birth he may develop sepsis." To go with her son, Lily had for 30 minutes to find a change of clothes, slippers, make fluorography and buy diapers. Had to to flee to relatives on the other the end of the cities. And only in the ambulance she was allowed to take her son in her arms and feed him...
Lily and her son were kept in the hospital until the father did not receive a birth certificate. These days doctors did, what they thought was necessary, shots, tests, antibiotics, IVS — without asking the consent of the mother. Also psychologists, the inspector on Affairs of minors, doctors, CPS and many others came to mother. Doctors injected the child with a shock dose of the drug, that exceeds the norm twice (as indicated in the instructions). All objections of the mother, the answer was the same: you are not the legal representative, if you resist, you will not receive a birth certificate. When dad got the precious document, he immediately took from the hospital his wife and son, by signing a refusal of admission. But they could not rest at home. It turned out, that psychologists reported to the village Inspectorate for minors . A large family has made to the list of socially insecure and under the control of the CPS. CPS came to their house, all the time watched, where they are, whether the dishes are washed, what food in the refrigerator, called schools and kindergartens…The parents reported on the location as though criminals under house arres. As a result, the Commission on juvenile Affairs found a mother of many children Lilia Shurupova guilty of committing an administrative offense under part 1 of article 5.35 of the administrative Code ("Improper exercise of parental rights"), and sentenced her to a warning. This decision had to be challenged by Shurupov in court. They won.
It turns out that, although the law no one can forbid a woman to choose the place of birth of a child, in fact there is quite another. Doctors do their duty too brutally, threats, loud fights in the whole district, attracting the tutorship and guardianship agencies, etc. All the problems of families begin at a time, when the registry offices of small towns in Russia refuse to register children born at home on the testimony of a witness. Parents call the pediatrician from the nearest polyclinic to get the so-called certificate of living creatures, and instead of the certificate they receive a check of employees of social services and CPS. Further, under the pretext of protection from parents, who refused to be hospitalized in childbirth, the CPS takes the child and puts him in the hospital because of the suspicion of bronchitis/pathological jaundice/sepsis due to home delivery. At the same time, parents can not control the drugs used and interventions, because without a birth certificate on their hands, they have no rights to their own baby.
I specifically found an excerpt from the law of the Russian Federation: "According to the Federal law №323 (Art. 20, 21, 22 and 6) every citizen has the right to refuse hospitalization; has the right to choose a doctor and a medical institution, regardless of the organizational and legal form; has the right to complete or partial refusal of treatment; has the right to refuse examination and any form of medical intervention; to respect and humane treatment on the part of medical workers and other employees of the medical organization."
Of course, each medal has two sides, and the independence of home delivery can be dangerous — for themselves and for babies. During home delivery, anything can happen: the baby's lungs did not open, the woman began to bleed heavily, there is still a pelvic presentation, cord entanglement, birth injuries and much more. In the hospital, where there is the necessary equipment, all this can be overcome. And the examination of a newborn child by a neonatologist is a vital necessity, not a whim. Therefore, women would like to invite a midwife to the house, call a neonatologist, but they can not do it, because such private practice is prohibited in Russia. But the woman has the right to give birth anywhere. Paradox, isn't it? I hope, that gradually this problem will be solved,but I think not soon. I will be glad if you share information on how things really are with home births in your country.
Thanks for reading!
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