Nebraska mother files lawsuit to protect her right to birth freedom

Lincoln, Nebraska; January 29, 2026: A pregnant mother in Nebraska filed a lawsuit today challenging a law that turns midwife-assisted home births into felonies. Hope Lindstrom alleges that the law, which strips mothers of their birth freedom and limits access to high-quality medical care, violates the Fourteenth Amendment.

“Childbirth is one of the most personal decisions a family can make, yet Nebraska’s law criminalizes qualified professionals for helping mothers give birth safely at home,” said Joshua Polk, an attorney with Pacific Legal Foundation. “Birth freedom means trusting women to make informed choices about childbirth without forcing them into danger.”

Lindstrom gave birth to her first child in an Oregon birth center assisted by a certified nurse midwife (CNM). After moving to Nebraska, she sought medical care that could offer a similar experience for her second child, only to discover that her new state has no birth centers and prohibits CNMs from attending home births. Although home births are legal in Nebraska, Lindstrom is uncomfortable giving birth without a qualified health professional to assist. Because physicians don’t typically make house calls, Lindstrom has no access to a professionally supported, out-of-hospital option.

As a devout Christian and licensed pastor, Lindstrom is determined to have a birth experience that aligns with her values.

Her lawsuit alleges that Nebraska’s ban violates her fundamental right to birth freedom—a right that is deeply rooted in the nation’s history and tradition and therefore warrants constitutional protection. Courts have repeatedly ruled that the state has no authority to make intimate decisions for individuals.

Lindstrom will also ask the court to issue an order allowing her to plan for a CNM-attended home birth while the court considers her case.

Pacific Legal Foundation represents Lindstrom free of charge. The case is Lindstrom v. Hilgers.