Why consent matters in maternity care
Consent is at the heart of safe, respectful and ethical healthcare and this is especially true during pregnancy and birth. Every woman has the right to make informed choices about her care. That means understanding what is being proposed and why, what the alternatives are and what might happen if she declines.
Unfortunately, too many women tell us they didn’t feel like they had a choice during childbirth. They describe being told what would happen, rather than being asked. In some cases, procedures such as inductions, episiotomies or forceps deliveries are performed without proper discussion or informed consent.
A Toowoomba mother, Kerryanne Slachter, this week, bravely shared her experience of feeling violated during labour at Toowoomba Base Hospital. She reports saying “no” about five times and shouting “no, no, the baby is coming”. Similar reports have also been made to Queensland Police Services in Dalby and Mackay.
When this happens, it’s not only a breach of trust, but it can also amount to a violation of legal and human rights.
Obstetric violence and the law
The term obstetric violence refers to mistreatment, coercion or non-consensual medical interventions during pregnancy or birth. While it can take many forms, it often looks like:
- performing procedures without explaining or seeking consent
- using threatening or dismissive language (“You’ll harm your baby if you don’t agree”)
- ignoring birth preferences without medical justification
- disregarding pain, fear or trauma expressed by the woman.
In Australia, healthcare providers have a legal duty to obtain informed consent before performing any procedure. This is not just a formality; it’s a legal and ethical requirement grounded in respect for a person’s autonomy. In the 2024 NSW parliamentary inquiry into birth trauma, one of the 43 recommendations was for a review of laws regarding informed consent and formal training for maternity workers in this area.
As birth trauma lawyers, we often see the devastating emotional and psychological effects when consent is ignored. Even when a baby is physically healthy, the impact of having one’s choices dismissed or overridden can lead to long-term trauma.
Legal implications of failing to obtain consent
Failure to seek informed consent may be considered negligent if:
- the risks, benefits and alternatives of a procedure were not adequately explained; or
- the woman’s preferences were overridden without a valid medical emergency; or
- the provider’s actions directly caused harm (physical or psychological).
Even in emergencies, there are legal and ethical boundaries. Unless a woman is unconscious or otherwise unable to consent, she should be involved in every decision about her care.
Improving maternal choice and informed consent
Creating a culture of informed consent and maternal choice requires change at every level, from education to healthcare systems. Some ways we can improve include:
- Antenatal education
Encourage open discussions during antenatal care about possible interventions, birth preferences and hospital procedures. Knowing your rights before labour can make all the difference.
- Support persons
Having a trusted support person or advocate can help ensure your voice is heard, whether that’s a partner, doula or family member.
- Respectful communication
Healthcare professionals should ask and not assume. Phrases like “Would you like to talk through your options?” and “How do you feel about this plan?” reinforce consent and dignity.
- Trauma-informed practice
Hospital staff should recognise that not all women come into birth feeling safe or supported. Sensitivity, empathy and non-coercive communication are essential.
Information is power
When women understand their rights, they’re empowered to make choices that align with their values, beliefs and needs. True consent is not just a signed form, it’s an ongoing, respectful conversation.
If you believe your consent was not respected during pregnancy or birth, you are not alone. Our birth trauma legal team is here to listen, support and guide you through your options.
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