Asalaamu’alaiykm wa rahmatu Allahi wa barakaatuhu Sisters.
it is so important that you are aware that you have the right to make decisions about your bodies during pregnancy & labour.
Earlier this year, I took part in an informative ‘Birthrights in Maternity Rights’ workshop with https://www.birthrights.org.uk in which we discussed human rights in birth and maternity.
In the UK, according to the Human Rights Act 1998, an unborn baby has no rights until it is born. Therefore, YOU make your decisions for yourself AND your unborn baby.
However, there are occasions (albeit very rare) when a woman may be pregnant and it has been legally proven that she doesn’t have “capacity” to make a specific decision. But this case has to have been proven and determined in court and it’s not something that can be decided or “diagnosed” by an HCP; be it a midwife, Dr or Consultant.
Social Services may become involved if there is solid evidence that you may harm your baby after birth.
If an HCP thinks/feels that there’s a significant chance that your baby may be at risk of harm after birth, they may be obliged to report this to Social Services.
But the decisions that you make during your pregnancy & birth are different to the aforementioned case. You have every right to decline all or part of the care that maternity services offer. *see AIMS https://www.aims.org.uk/information/item/freebirth#post-heading-5
It is not acceptable or correct for HCPs to use the threat of a referral to Social Services as a means to get you to comply with their requests or wishes.
If this happens to you, this is an example of coercion and any decision made under coercion is not consent. In fact, unless you give consent, any action they take upon your body may well result in legal consequences.
We know very well how Muslim sisters can be threatened with a referral to Social Services when they don’t comply with a test, procedure or intervention etc.
If this is the case for you and you are currently facing a referral, you can reach out to:
Birthrights: info@birthrights.org.uk
AIMS via the helpline: helpline@aims.org.uk
or call: +44 (0) 300 365 0663
Further resources:
https://www.aims.org.uk/journal/item/handling-threats-of-social-services
I am also available for support but kindly note that I cannot provide legal advice, however, the Birthrights website can signpost to legal support in shaa Allah.