Is Home Births Legal in South Carolina After the 2026 Policy Reforms?

Yes, home births are legal in South Carolina, but they are strictly regulated under state statutes and Department of Health and Environmental Control (DHEC) guidelines. Midwives must be licensed, and compliance with emergency transfer protocols is mandatory. Recent 2026 legislative shifts require midwives to maintain liability insurance and adhere to updated neonatal resuscitation standards.

Key Regulations for Home Births in South Carolina

  • Licensed Midwife Requirement: Only Certified Professional Midwives (CPMs) licensed by the South Carolina Board of Medical Examiners may attend home births. Unlicensed lay midwives are prohibited under S.C. Code § 40-47-110.
  • Emergency Transfer Agreements: Midwives must have written agreements with a licensed hospital or transport service for immediate maternal or neonatal transfers, as outlined in DHEC’s 2024 Home Birth Guidelines.
  • Mandatory Reporting: All home births must be reported to DHEC within 10 days, including outcomes and any complications, per S.C. Reg. 61-19.