Yes, home births are legal in New York under specific conditions. New York Public Health Law § 2803(1)(g) permits licensed midwives to attend home births, provided they meet state certification and collaborative practice requirements. Recent 2026 amendments to the Midwifery Practice Act expanded oversight by the New York State Department of Health (NYSDOH), requiring midwives to report outcomes to the Bureau of Maternal Health. Unlicensed attendants risk prosecution under § 65(1) of the Public Health Law for unauthorized medical practice.
Key Regulations for Home Births in New York
- Licensed Midwife Requirement: Only Certified Professional Midwives (CPMs) or Certified Nurse-Midwives (CNMs) licensed by the NYSDOH may legally attend home births. Unlicensed doulas or lay midwives face penalties under § 65(1) of the Public Health Law.
- Collaborative Agreement Mandate: CNMs must maintain a written collaborative agreement with a licensed physician, as per NYCRR § 80.130, while CPMs must adhere to NYSDOH’s 2026 practice guidelines, which include emergency transfer protocols.
- Reporting Obligations: Midwives must submit birth certificates and maternal/neonatal outcome data to the NYSDOH within 10 days, per Public Health Law § 4140. Failure to comply may result in license suspension.