A very important moment in a woman’s life is the birth of her child. Whether it is the first birth or not, the Accompanying Person Law no. 11.108, established in April 2005, guarantees an accompanying person at the time of delivery, who must be an adult of the mother’s choosing and regardless of gender, is still largely unknown and unfortunately, often not respected1.

Having a companion at the time of delivery brings many benefits for the mother and also for the baby, regardless of the type of delivery! With the father present at the time of birth, the woman will be much more at ease and will also be able to share this very important moment with a trusted person.

It will not be harmful, unless the woman has a pre-existing condition and the doctor does not recommend the father’s presence; even so, backed by law, he will be able to be present at the time of birth. It is also ensured that the companion may remain with the mother for a period of up to 10 days after birth to accompany her recovery.

Few people know, but the father has the right to stay for 12 consecutive hours with the mother from the moment she leaves the recovery room and goes to her accommodation, room, or ward. Even if the room is shared, for example a ward with 2 or 3 patients, and yes, regardless of the time.

Where the Law is Valid

The accompanying person law is valid for all maternity hospitals nationwide2, whether they are private or public. It is very important to note that the vast majority of mothers encounter difficulties having a companion at the time of delivery in public maternity hospitals.

Although private maternity hospitals may sometimes create obstacles for compliance with the accompanying person law, the majority of complaints regarding non-compliance come from public hospitals (SUS).

What May Be Used as an Impediment

There are numerous “excuses” that doctors or maternity hospitals may use to not allow someone chosen by the pregnant woman to enter the delivery room with her. Whether it’s because the delivery room is too small, limiting the number of people, or a preference for only the medical staff—or even because of hospital infection control regulations.

But know that maternity hospitals that prevent a companion are violating a federal law, and are subject to penalties by the public prosecutor’s office3. The pretext of infection risk for the mother has already been dismissed; in fact, ANVISA (the National Sanitary Surveillance Agency) issued a regulation that also allows for the presence of an accompanying person during childbirth.

It generally constitutes non-compliance if the companion (whether man or woman) is prevented from attending the delivery. Maternity hospitals are not necessarily required to allow a companion to be present with the mother 100% of the time.

For example, in cesarean procedures, asepsis and anesthetic processes are safeguarded and only after everything is prepared may the father (or companion) enter the delivery room. However, in the case of vaginal or natural births, the companion may stay throughout the entire process, if everything proceeds normally.

Privacy is one of the most cited reasons for non-compliance with the law, but in all cases, common sense should prevail for the companion, understanding the situation, especially if there is more than one patient in the room. Dialogue is most important on these occasions.

What to Do If the Birth Companion Is Barred

The first step to take is to seek the management of the maternity hospital; resolving things on site is always the best and quickest alternative. If it is still denied, the hospital’s general ombudsman can be contacted.

If the maternity hospital (private or public) continues to refuse to allow a companion, a direct complaint to the public prosecutor’s office must be filed, and a police report should also be made. As a last resort, non-compliance should be addressed with police assistance.

Authorization Document

A specific document can prevent headaches. The official document, as it is called, should be formalized with the maternity hospital or hospital well in advance of the birth. Do not leave this until the final weeks; already in the seventh or eighth month, gather the document, which should include:

  • Name of the maternity hospital
  • Name of the pregnant woman
  • Name of the companion
  • Signature of the hospital official

Do not forget that having the law (printed) at hand will help a lot in case there is any problem. Never forget that the mom should be focused on the delivery, and regardless of any unforeseen issues of this nature, the baby’s and the mother’s health come first. Those who should fight for their rights are the companions (preferably) if labor is already in progress.

Peace of mind is the most precious asset and what the law guarantees to the mother.

See Also: What Does a Doula Do?

Photo: PetrKratochvil