FAQ on Birthing Rights in South Dakota

SOUTH DAKOTA BIRTH MATTERS

FAQs

What are my legal rights when giving birth in South Dakota?

South Dakota law allows you to give birth:

  • In a hospital – with a physician or Certified Nurse Midwife (CNM)
  • At home or in a birth center – with a licensed Certified Professional Midwife (CPM) or a CNM (with special waiver)

Home birth is legal in South Dakota. However, access to licensed midwives has evolved over time and remains a critical issue for birthing families, especially in rural areas.

What are the differences between a CPM  and a CNM?

Both CPMs and CNMs are trained professionals who provide safe, evidence-based maternity care.

Certified Professional Midwife (CPM)

Specializes in home and birth center births

Trained via midwifery-specific programs and national certification

Focused on physiological, low-intervention care

Licensed in South Dakota since 2017

Certified Nurse Midwife (CNM)

Typically works in hospitals, may also attend out-of-hospital births with proper authorization

Trained as a registered nurse with advanced midwifery credentials

Provides both low- and high-risk care; can prescribe medications

Licensed in South Dakota with a collaborative or waiver agreement

Is home birth safe?

Yes — for low-risk pregnancies, home birth with a trained midwife is a safe and empowering option.

Research shows:

  • Lower rates of interventions, including cesareans
  • Higher maternal satisfaction
  • Comparable outcomes to hospital births when attended by licensed midwives

     

Key factors in a safe home birth include:

  • A skilled midwife (CPM or CNM)
  • Emergency transfer plan
  • Open communication with your care team

Are You a Birth or Wellness Provider?

Consider joining the directory!

We invite midwives, doulas, holistic health practitioners, birth educators, and aligned organizations to be part of a growing community dedicated to supporting South Dakota families. Together, we can expand access to respectful, informed, and holistic care—empowering women, families, and babies across our state.

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What are my birth setting options in South Dakota?

You can choose to give birth:

  • In a hospital with an OB-GYN or CNM

  • At home with a CPM, CNM, or family support

  • In a licensed birth center (currently limited availability)

Many families also choose to hire a doula for emotional, physical, and informational support during labor—at any birth setting.

History of birth right advocacy in South Dakota

Key Moments:

  • 1979 – CNMs legally allowed to practice, but out-of-hospital care remained restricted
  • 1992 – South Dakota Safe Childbirth Options formed in response to midwife arrests
  • 1998 – Law passed allowing family members to assist at home births without prosecution
  • 2003 – Two CPMs jailed, leading to a temporary lack of midwife care in the state
  • 2008 – CNMs permitted to attend out-of-hospital births with a waiver
  • 2011 – Birth center licensing law passed
  • 2017 – Certified Professional Midwife licensure bill passed after 23 years of advocacy

Between 1998 and 2008, over 400 babies were born at home in South Dakota without a licensed midwife. Families continued to choose home birth even in the absence of legal care providers.

What are the current laws supporting birth choice in South Dakota?

SD Birth Matters has supported or brought forward 35 legislative efforts to protect and expand birthing rights in South Dakota. Key laws now in effect:

  1. CNM Waiver Law – Allows Certified Nurse Midwives to attend home and birth center births with an approved waiver
  2. Birth Center Law – Legalizes and licenses freestanding birth centers
  3. CPM Licensure Law – Authorizes Certified Professional Midwives to serve low-risk clients in homes or community settings

Good-to-Know Facts:

  • South Dakota had no licensed midwives for five years — but families still chose home birth.
  • It took 23 years to pass CPM licensure in the state.

  • SD Birth Matters has supported over 35 bills related to safe and accessible birth care.

How can I get involved with SD Birth Matters or learn more?

  • Learn about your birth options
  • Connect with midwives and doulas in your area
  • Volunteer or donate to support advocacy
  • Attend SD Birth Matters educational events
  • Share your birth story to help normalize diverse birth choices