Wyoming midwife case raises legal questions across state lines

A Wyoming midwife, whose love of women and babies saw her travel hundreds, even thousands, of miles to care for pregnant and birthing mothers, is now embroiled in a legal battle to clear her reputation and safeguard the rights of mothers to birth in the manner in which they choose.

Sue Merrill has been accused in the death of an infant in March 2006. She is charged with involuntary manslaughter and practicing medicine without a license. As of 2003, Wyoming state laws prohibit midwife assisted home births. This repeal of the past statute occurred without public notification or comment.

The Wyoming statute now mirrors restrictive and punitive Nebraska statutes, forcing women to give birth in hospitals, or endanger the legal standing of midwives who risk imprisonment to give women the birth experience they choose.

Research shows that the outcomes for out of hospital birth are safe when states license home birth midwives. This sad situation once again affirms that states like Wyoming and Nebraska need to ensure a safe option for home birth families and license midwives who desire to attend births out of hospitals because home birth will continue regardless of its legal standing.

For more information on Sue's case, or to help work towards legislative change in Wyoming, please check out the Wyoming Midwifery site. Simply dealing with the case has resulted in thousands of dollars in legal fees for Sue and her family. If you are able to help, please contact the Wyoming Midwifery group.