What is the Newborns' and Mothers' Health Protection Act?

• Signed into law in 1996, the Newborns' and Mothers' Health Protection Act is a federal mandate regulated by the United States Department of Labor, the U.S. Treasury and the U.S. Department of Health and Human Services. The law is designed to provide protection to newborns and their mothers by preventing hospitals from discharging new mothers and their infants before 48 hours after a vaginal birth or 96 hours after a Cesarean delivery. The only exception to this law is if both the mother and attending health provider agree on an earlier discharge after a thorough examination of mother and infant.
  
  

What is the Family and Medical Leave Act?

• The Family and Medical Leave Act, commonly referred to as FMLA, is a federal law that provides eligible employees with the right to take up to 12 weeks of unpaid leave from their employer to give birth or to care for a newly born or adopted family member, without risk of losing her job. To quality for protection through FMLA, the employee must meet certain qualifying criteria, such as having been on the job for at least 12 months and having performed at least 1,250 hours of service to the employer prior to the leave. The Family and Medical Leave Act was enacted in 1994.
  
  

What Rights Do I Have if I Have Been a Victim of Malpractice During Childbirth?

• Hospitals, midwives and primary care providers have the duty to perform their jobs to the fullest extent of their abilities. If you or your child experienced injuries during the childbirth process that you feel were due to malpractice on the part of the hospital or health care provider, you have the right to financial compensation under law. These rights are based on the assumption that you are able to provide proof of negligence and the harm that was caused to you or your child as a result. Each state has its own laws regarding how long you have to file a claim and collect on any damages that may be awarded.
  
  

What are the Rights of the Biological Father?

• Once the child is delivered, the biological father has certain rights under the law. The Uniform Parentage Act (UPA) has been enacted in most states to provide biological fathers with the right to actively participate in the lives of their children, regardless of whether the father and mother are married. Under the UPA, fathers may submit a written acknowledgment of paternity, which will legally recognize him as the biological father, providing him with all the rights of a biological parent, including the right to make legal and medical decisions on the child's behalf, provided the declaration is not challenged by the child's mother or any other man who presumes to be the father.