Zbornik Radova: Pravni Fakultet u Novom Sadu (Jan 2015)

Legal regulation of home births

  • Baturan Luka O.,
  • Baturan Branislava D.

DOI
https://doi.org/10.5937/zrpfns49-9709
Journal volume & issue
Vol. 49, no. 3
pp. 1337 – 1353

Abstract

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In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.

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