Yes, home births are legal in Tennessee, but they are strictly regulated under state law and subject to oversight by the Tennessee Department of Health and local health departments.
Tennessee permits licensed midwives and certified professional midwives (CPMs) to attend home births, provided they comply with the Tennessee Board of Medical Examiners’ rules and the Midwifery Practice Act. Unlicensed attendants risk prosecution under state medical practice laws. Recent 2026 amendments to Tennessee’s Public Health Code require midwives to maintain malpractice insurance and submit birth records to local health departments within 10 days. Home births attended by unlicensed individuals or without adherence to emergency transfer protocols violate state statutes, exposing providers to civil liability and potential criminal charges.
Key Regulations for Home Births in Tennessee
- Licensing Requirement: Only licensed midwives (CPMs) or physicians may legally attend home births. Unlicensed attendants face penalties under Tenn. Code Ann. § 63-9-102.
- Emergency Transfer Protocols: Midwives must have written agreements with nearby hospitals for emergency transfers and maintain equipment for neonatal resuscitation per Tenn. Comp. R. & Regs. 1200-08-01-.10.
- Reporting Obligations: Birth certificates must be filed with the local health department within 10 days, and midwives must report complications to the Tennessee Department of Health.