A historic home birth in Nebraska
On April 26, former PLF client Hope Lindstrom gave birth to a healthy baby girl at home under the care of certified nurse midwives (CNMs). It was the first legally authorized CNM-assisted home birth to ever take place in Nebraska.
Hope made history, but she never thought she’d have to fight so hard for a right as personal as where and how to give birth. As a devout Christian and licensed pastor, she always wanted to welcome her child into the world at home—guided by faith, free from unnecessary interventions, with a trusted midwife she knew by name.
Unfortunately, Nebraska is the only state in the nation that prohibits CNMs from attending home births. Those who violate the prohibition face felony charges.
Home birth itself is legal in all 50 states, and CNMs are among the most highly trained childbirth providers in the country. But in Nebraska, CNMs are absolutely prohibited from attending home births. And because physicians almost never make house calls, the ban effectively leaves mothers who wish to give birth at home without access to any trained medical professional.
Nebraska families already struggle with limited access to maternity care. Research shows that CNMs are part of the solution; states that allow them to practice independently often see better outcomes during pregnancy, labor, and delivery.
After filing a lawsuit to vindicate her constitutional rights, Hope ultimately achieved the home birth experience she sought for herself and her family.
At Hope’s side as she brought her baby into the world was CNM Heather Swanson. Heather’s own legal challenge to Nebraska’s restrictions reached the doorstep of the Supreme Court of the United States. She argued that barring the most qualified providers from home births while permitting unlicensed attendants was not just irrational but unconstitutional.
“Home births shouldn’t require a lawsuit to happen,” said PLF attorney Joshua Polk, who represented both Heather and Hope in their federal lawsuits. “A mother knew what she needed, a CNM was ready and qualified to provide it, and a new life came into the world safely. The Fourteenth Amendment protects these rights.”
Hope was not stopped by the State from delivering her baby; other Nebraska mothers hoping to give birth on their own terms remain at risk and have no legal freedom to do so. Pacific Legal Foundation will continue fighting until this freedom is restored to all mothers across Nebraska and the United States.
But for Hope, the fight is over.
“Childbirth continues to be the most sanctifying, holy, and worshipful event I’ve had the honor to experience,” she says. “I thank God for every single moment, no matter how painful or difficult. He is so faithful.”
