Unregistered Midwives Charged After Fatal NSW Homebirth Tragedy
Choosing to have a home birth can help a mother feel like she has more control when in a relaxed, familiar environment. But, it can also be dangerous if proper medical precautions are not taken.
A tragic case in Karangi, New South Wales has raised some serious legal and medical concerns surrounding homebirths conducted by unregistered midwives.
The incident has resulted in the arrest of two women who have been charged with manslaughter following the tragic death of a newborn in September 2022.
This case has helped expose the danger of unqualified maternal care and shows the devastating consequences when healthcare providers fail to meet their duty of care. It underscores the urgent need for stricter enforcement of midwifery regulations in Australia to protect mothers and newborns from preventable harm.
Details of The Investigation
Emergency services were called to a home on the 11th of September 2022 after a newborn baby was found unresponsive after a home birth. Despite first aid being administered on scene and the baby being airlifted to Coffs Base Hospital for urgent care, he unfortunately passed away.
This untimely tragedy prompted an investigation by officials, which led to the arrest of two women in the areas of Crescent Head and Dorrigo in February 2025. Both women were charged with manslaughter.
During the investigation it was found that both individuals had no medical qualifications and were practicing as unregistered midwives. Since then both women have posted bail but will return to court on the 13th of May 2025, where the case will explore whether the accused individuals’ actions constituted a breach of medical and legal standards, and whether negligence or malpractice directly contributed to the newborn’s death.
Legal Ramifications
Practicing midwifery in Australia without being registered is illegal under the Health Practitioner Regulation National Law Act. This is because Midwives need to undergo formal training to meet specific professional standards. Once registered, they are still subject to oversight by the Australian Health Practitioner Regulation Agency, which ensures care is provided safely.
In this case, both ethical and legal questions are raised regarding the individual’s ability to provide adequate maternal care. If found guilty, they can face significant penalties and imprisonment. Historically, there have been cases where families have pursued compensation for medical negligence, including damage for emotional distress, if sufficient evidence is found.
The Dangers of Unregistered Midwifery
Home births can offer several benefits, but they are only considered safe when healthcare professionals assess the pregnancy as low-risk and confirm that potential complications are unlikely. But even in these cases, if an untrained or unqualified individual provides the maternal care, the risks increase dramatically. Many issues can occur such as,
- Fetal distress
- Hemorraghing
- Umbilical cord issues
All of these require the intervention of someone qualified. Unregistered midwives like in this case often lack the necessary medical training and resources to manage these situations.
The absence of regulated emergency protocols combined with improper medical oversight highlights the risks of unregulated home births. Many families who choose home births are often not informed about the associated risks by an unlicensed midwife.
Legal Guidelines and Best Care Practices
To best protect the mother and baby during childbirth, the Australian College of Midwives and the National Health and Medical Research Council (NHMRC) have established guidelines to regulate the practice of midwifery and improve maternal care outcomes. They state that,
- All midwives must be registered with AHPRA and meet the professional standards set out in the National Law Act.
- There should be full transparency with the family about the risks and benefits of home births and the qualifications of their care providers.
- Registered midwives must have an appropriate plan for managing emergencies. This includes knowing how to get immediate access for medical assistance and hospital transport.
- Post child-birth, there must be adequate follow-up care, which is essential to monitor both the mother and the baby’s health.
Home Births are only recommended when there is a low-risk pregnancy and emergency support is available within a reasonable time frame as outlined by the Perinatal Society of Australia and New Zealand.
How To Make Home Birth as Safe as Possible
To avoid any similar tragedies, Australia needs to improve the enforcement of its midwifery regulations and better educate expectant parents on childbirth.
Educational Campaigns
The importance of education can not be overstated when improving maternal care outcomes. The risks associated with unregistered midwives as well as how to verify their qualifications and credentials are critical components of what this education should tackle.
Improved Funding For Rural Areas
Rural communities where access to medical facilities is limited should have additional funding and resources. This is to better ensure that anyone in need of emergency services has better timely access to emergency care and specialised maternity services in case of complications during home birth.
One Standard Across Australia
Different states and territories have different regulatory factors that play a role in midwifery standards and accountability. Having the same national approach can help streamline licensing and training in emergency protocols so that all maternal care is held to the same high standards across Australia.
Final Notes
The tragic death of a newborn during a home birth in Karangi underscores the significant risks associated with unqualified midwifery and the critical need for stricter regulations to protect mothers and their babies. Cases like this highlight the importance of holding healthcare providers accountable when they fail to meet acceptable standards of care.If you or someone you know has experienced medical negligence during childbirth, you may have grounds for a compensation claim. Medical Negligence Law specialises in helping families secure justice for birth-related negligence. Our experienced legal team will assess your case, gather evidence, and work with medical experts to build a strong claim. We offer transparent fees with no hidden costs and provide compassionate guidance throughout the process. Contact us today for a free consultation and let us help you secure the compensation you deserve.