Yes, home births are legal in North Dakota under specific conditions. State law permits unassisted home births, but licensed midwives must comply with the North Dakota Board of Nursing’s 2023 guidelines, which require certification under the American Midwifery Certification Board. Unlicensed practitioners risk civil penalties under N.D.C.C. § 43-12.1-02. Recent 2026 legislative proposals aim to tighten oversight, mandating mandatory reporting to the North Dakota Department of Health for all home birth outcomes.
Key Regulations for Home Births in North Dakota
- Licensure Mandate: Only Certified Professional Midwives (CPMs) licensed by the North Dakota Board of Nursing may legally attend home births. Unlicensed attendants face misdemeanor charges under N.D.C.C. § 43-12.1-04.
- Emergency Transfer Protocols: Midwives must maintain written agreements with licensed hospitals for emergency transfers, as required by N.D. Admin. Code § 54-02-03-04. Failure to comply may result in license suspension.
- Mandatory Reporting: All home birth outcomes, including maternal and neonatal complications, must be reported to the North Dakota Department of Health within 30 days, per N.D.C.C. § 23-07-01.1. Non-compliance triggers audits by the Board of Nursing.