Ep. 460: Your Legal Rights & Informed Consent in Childbirth: Insights from Advocate & Lawyer Hermine Hayes-Klein [Re-air Ep. 283]

In this re-aired episode of The Birth Lounge Podcast, HeHe sits down with attorney, human rights advocate, and birth justice champion Hermine Hayes-Klein for a conversation every pregnant person needs to hear.

If you've ever wondered whether you can say no during labor, change your mind after signing a consent form, refuse an induction or cesarean, or push back against a hospital policy that doesn't align with your wishes, this episode is for you.

Hermine breaks down what informed consent actually means, what your legal rights are during pregnancy and birth, and why so many families leave their birth experience feeling powerless, unheard, or violated. Together, she and HeHe unpack the difference between hospital policy and patient rights, discuss the reality of obstetric violence in the United States, and explore how coercion and fear-based counseling can impact birth outcomes and long-term mental health.

They also dive into why so many people are losing trust in the maternity care system, how providers can unintentionally override consent, and what happens when patients feel they have no real choice. Hermine shares powerful stories from her legal work advocating for birthing families and explains why being informed before labor begins is one of the most effective ways to protect your autonomy.

You'll learn:

• What informed consent actually requires in pregnancy and birth

• Why signing hospital paperwork does not mean you've given blanket consent

• Whether you can change your mind or withdraw consent during labor

• The difference between a recommendation and a requirement

• What your rights are if you're being pressured into an induction or cesarean

• Why hospital policies are not the same thing as medical necessity

• How obstetric violence can occur, even in well-intentioned healthcare settings

• The critical role doulas play in supporting informed decision-making

• Practical ways to advocate for yourself before and during labor

• How preparation can help reduce fear, coercion, and birth trauma

This episode is a powerful reminder that your body is not public property, your consent matters at every stage of labor, and you deserve to understand your options before making decisions about your care.

Guest Bio:

Hermine Hayes-Klein is an attorney, human rights advocate, and founder of the Know Your Rights campaign, which helps families understand and exercise their legal rights during pregnancy and childbirth. After experiencing the Dutch maternity care system firsthand, Hermine became passionate about addressing obstetric violence, protecting informed consent, and improving access to respectful maternity care. Through litigation, education, and advocacy, she works to advance accountability and reproductive justice for birthing families around the world.

Connect with Hermine:

Birthrightslawproject.com

hayeskleinlaw.com

SOCIAL MEDIA:

Connect with HeHe on Instagram: https://www.instagram.com/tranquilitybyhehe/

Connect with Hermine on IG: https://www.instagram.com/herminehayesklein/

BIRTH EDUCATION:

Learn how to stay in control of your birth and reduce the risk of unnecessary interventions in our Avoid a C-Section Webinar. HeHe breaks down the cascade of interventions, explains what’s really happening in the hospital, and shares practical strategies to protect your birth plan, advocate for yourself, and navigate labor with confidence. Perfect for anyone who wants a positive, informed hospital birth experience: https://www.thebirthlounge.com/csection

Feeling nervous about speaking up in labor? Our Scripts for Advocacy give you the exact words to handle the most common conversations that can make or break your birth experience. From declining unnecessary interventions to asking the right questions about procedures, these scripts empower you to stay in control, speak confidently, and protect your birth plan — even when the pressure is on. Think of it as your personal toolkit for advocating like a pro, so you can focus on your baby, not the stress: https://www.thebirthlounge.com/Scripts-for-Advocacy

And if you haven’t grabbed it yet… Snag my free Pitocin Guide to understand the risks, benefits, and red flags your provider may not be telling you about, so you can make informed, powerful decisions in labor: https://www.thebirthlounge.com/pitocin

Join The Birth Lounge for judgment-free, evidence-based childbirth education from HeHe that shows you exactly how to navigate hospital policies, avoid unnecessary interventions, and have a trauma-free labor experience, all while feeling wildly supported every step of the way: https://www.thebirthlounge.com/

Want prep delivered straight to your phone? Download The Birth Lounge App for bite-sized birth and postpartum tools you can use anytime, anywhere: https://www.thebirthlounge.com/app

LINKS MENTIONED:

Nursing article: https://www.sciencedirect.com/science/article/abs/pii/S1751485123001587?via%3Dihub

Examples of articles referencing how informed consent improves outcomes: https://www.envisionhealth.com/news/2024/shared-decision-making-in-healthcare#:~:text=How%20do%20informed%20consent%20and,the%20overall%20cost%20of%20care.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9486853/