One question we are frequently asked is whether or not it is legal to have a home birth in Kentucky. The short answer is YES, it is legal to have a home birth in Kentucky. 

There are no laws in Kentucky that specify where a baby can or cannot be born. We’ve all seen a news story where a baby is born on the side of the road while on the way to the hospital (or some similar story). It is not illegal for these babies to be born on the side of the road just as it is not illegal for a baby to be born at home.

In the past, the legal perplexity has come with the status of direct-entry midwives, which includes Certified Professional Midwives and all midwives who are not Certified Nurse Midwives. In 2019, a law was passed in Kentucky to license Certified Professional Midwives. The first licensed were issued in August 2020. All midwives holding a license are practicing legally in Kentucky.

Prior to passage of this law in 2019, the only law governing direct-entry midwives in Kentucky stated that the midwife needed obtain a “permit” from the state in order to legally practice.  However, the Kentucky Cabinet for Health and Family Services stopped issuing new permits in 1975.  

Despite the lack of prosecution of midwives in Kentucky, many midwives still exercised great caution between 1975 and 2020 in making themselves widely available since they were practicing without the required state-issued permit.  

Kentucky Midwifery Law

The Kentucky laws governing CPMs can be viewed in KRS Chapter 314.400-416.

The administrative regulations governing the practice of CPMs can be viewed in 201 KAR 20:600-690.