Legal birthright choice for women

Any risks to the mother and child would have to be taken into account, but the plan could see parents given the right to choose a home birth, hospital birth or one in a midwifery-led centre.

The entitlement would be enshrined in the NHS Constitution, which sets out a patient's rights by law.

Since January, NHS organisations have been legally obliged to take account of the rights and pledges set out in the Constitution.

Yesterday's document – Maternity and Early Years – was published by Health Secretary Andy Burnham and Education Secretary Ed Balls.

It sets out plans for a consultation around the right to choose where to give birth.

It tells expectant parents: "You will be offered the opportunity to choose where you want to give birth to your baby.

"The Government supports this principle and will consult on an entitlement around choice of place of birth, following further research."

Mr Burnham said: "In principle, I believe that women should have a right to choose where to give birth. This is important to families and we are doing further research into how practical issues can be overcome, with the aim of consulting on offering this as an entitlement in the NHS Constitution."

Another legal right being considered is for all families to be given access to maternity services by the 12th week of pregnancy.

Parents would also be given the opportunity to develop a "parents' plan" detailing any support they might want to draw on before and after the birth.

Furthermore, both mothers and fathers with babies on neonatal wards would be offered accommodation so they can both stay in hospital overnight.

Hospitals are being told to "recognise the importance of involving fathers for a baby's development and making families welcome".

The document also promises joined-up local services "so that families have continuous care and support from early pregnancy to at least the child's sixth month".

This would include giving families a named Sure Start Children's Centre contact and access to a health visitor in the centre.

The NHS Constitution already gives patients the legal right to NHS services, drugs and treatments approved by the National Institute for Health and Clinical Excellence (Nice) and to be treated with dignity and respect.

The general secretary of the Royal College of Midwives, Cathy Warwick, said: "Women already have a guarantee that they can choose where they want to give birth, including the choice of a home birth.

"This is in Maternity Matters, the Government's blueprint for maternity services in England.

"Unfortunately, this does not mean that trusts at local level always provide this, so we would support women being given the legal right to choose where they give birth.

"It may also compel trusts to invest in more midwives to ensure that they are able to provide this service. The key issue is what action will be taken if women get this legal right and are denied it.

"Currently maternity services aim to see the majority of women by the end of the 12th week of pregnancy.

"This proposal changes this aim to include all women. Whilst we support this in principle, there will always be women outside of the system, who for whatever reason do not get engaged with the NHS when they become pregnant."