Companion Law – Father in Childbirth

A very important moment in a woman’s life is the birth of her child. Whether it is the first delivery or not, companion law No. 11,108, signed in April 2005, ensures a companion at the time of delivery , of age, of choice of the parturient and regardless of sex, is still quite unknown today and unfortunately, disrespected .

The companion at the time of delivery has many benefits for the mother and also for the baby, regardless of the type of delivery! With daddy present at the time of delivery, the woman will be much calmer and will also be able to share the moment so important with a trusted person.

It will not be harmful, unless the woman has a pre-existing problem and the doctor does not recommend the presence of the father, who still, supported by the law, may be present at the time of birth. It is also assured that you will be able to be with the puerperal woman for a period of up to 10 days after delivery to accompany the recovery.

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

Where the Law is Valid

The companion law is valid for all maternity wards in the national territory, whether private or even for public service. It is very important to remember that the vast majority of parturients find it difficult to have a companion at the time of delivery, in public maternity hospitals .

Although private maternity hospitals may also pose obstacles for the companion’s law to be complied with, the large amount of complaints regarding non-compliance with the law comes from SUS hospitals.

What can be used as a deterrent

There are countless “excuses” that doctors or maternity hospitals can use to not allow a person of the pregnant woman’s choice to enter the delivery room with her. Either by a delivery room that is too small, with limited people or preference for the staff of the team and even by the hospital’s rules on hospital infections.

But be aware that the maternity wards that prevent the companion are breaking a federal law , and are liable to punishment by the public ministry. The pretext of infection for the parturient woman fell to the ground, including ANVISA (national health surveillance agency), regulating a decree which also allows the presence of a companion during childbirth .

It is usually characterized as non-compliance with the law, if the companion (male or female) is prevented from attending the delivery. It is not necessarily mandatory that maternity allow the companion to be present 100% of the time together with the pregnant woman.

In cesarean procedures, for example, asepsis and anesthetic processes are safeguarded and, only after everything is prepared, the father (or companion) may enter the delivery room. However, in cases of normal or natural delivery , the companion can stay during the entire process, if everything goes smoothly.

Privacy is one of the greatest allies to non-compliance with the law, but as in all cases, it is up to the companion to have good sense, understand the situation, if there is more than 1 patient in the room, dialogue is the most important on these occasions.

What to do if the birth attendant is barred

The first step to be taken is to seek the direction of the maternity or hospital , resolving on the spot is still the best alternative and also, the fastest. If it is still denied, the local ombudsman can be contacted.

If the maternity ward (private or public) still refuses to allow the companion to be present, a direct complaint to the public ministry must be formalized , as well as a police report provided. And in the latter case, non-compliance must be addressed with the assistance of the police.

Authorization Document

One document in particular can prevent headaches. The office, as it is called , must be formalized at the maternity or hospital some time before delivery. Do not leave for the last weeks, already in the seventh or eighth month, provide the document that must contain:

  • Maternity name
  • Name of the pregnant woman
  • Name of companion
  • Signature of hospital manager

Do not forget that having the law (printed) in hand will help a lot if there is a problem. Never forget that the mother must be concerned with the delivery, and regardless of any unforeseen in this regard, the health of the baby and pregnant woman comes first . Those who must fight for their rights are the companions (preferably) if they already have labor in progress.

Tranquility is the most precious asset and what the law ensures for pregnant women.

See also: What Does a Doula Do?

Dr. Alexis Hart
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My name is Dr. Alexis Hart I am 38 years old, I am the mother of 3 beautiful children! Different ages, different phases 16 years, 12 years and 7 years. In love with motherhood since always, I found it difficult to make my dreams come true, and also some more after I was already a mother.

Since I imagined myself as a mother, in my thoughts everything seemed to be much easier and simpler than it really was, I expected to get pregnant as soon as I wished, but it wasn’t that simple. The first pregnancy was smooth, but my daughter’s birth was very troubled. Joana was born in 2002 with a weight of 2930kg and 45cm, from a very peaceful cesarean delivery but she had already been born with congenital pneumonia due to a broken bag not treated with antibiotics even before delivery.

Dr. Alexis Hart

My name is Dr. Alexis Hart I am 38 years old, I am the mother of 3 beautiful children! Different ages, different phases 16 years, 12 years and 7 years. In love with motherhood since always, I found it difficult to make my dreams come true, and also some more after I was already a mother.Since I imagined myself as a mother, in my thoughts everything seemed to be much easier and simpler than it really was, I expected to get pregnant as soon as I wished, but it wasn’t that simple. The first pregnancy was smooth, but my daughter’s birth was very troubled. Joana was born in 2002 with a weight of 2930kg and 45cm, from a very peaceful cesarean delivery but she had already been born with congenital pneumonia due to a broken bag not treated with antibiotics even before delivery.

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