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Is it illegal for a hospital to keep your baby against your will?

I wanted to leave the hospital after my third day after having my dd, they wouldn't discharge me, so I decided to discharge myself and my dd but the wouldnt release my dd. Is this illegal? What is the usual procedure?


Asked by Anonymous at 12:59 AM on Aug. 12, 2009 in General Parenting

This question is closed.
Answers (23)
  • That kinda happened to me. I was in labor for 35 hours and then had him and didn't get to see him-he was a c section. We were there two days after he was born and just wanted to go home with my baby and told the nurses I was about to leave. A couple hours later, my doctor came in to check on us and asked how I was feeling and I told him I was fine enough to go home and he let us go. Did you talk to the doctor or the stupid nurses there? The doctors have final say so in most things so that's who you should've talked to.

    Answer by SaraP1989 at 1:08 AM on Aug. 12, 2009

  • Well, they do that so someone cant just walk out with your baby. At my hospital, they actually have little ankle braclets on the babies and if someone takes them past a certain point the alarm goes off. A bit weird, but If it keeps a baby from being stolen, im all for it.

    In your case, why wouldnt they discharge you?

    Answer by MommyLee08 at 1:01 AM on Aug. 12, 2009

  • I thought that they usually legally have to let you take your child unless there are health reasons which require the babies to stay longer.

    Answer by Michele068 at 1:01 AM on Aug. 12, 2009

  • They must've given you a reason. That would help. I'm sure if it's a medical reason they're doing it in the interest of your baby.

    Answer by tcarter1981 at 1:03 AM on Aug. 12, 2009

  • We only had to stay for two nights - but that was natural delivery - and then insurance wouldn't pay for us to stay unless medically there a reason they wouldn't let you take your child that you aren't sharing?

    Answer by Anonymous at 1:03 AM on Aug. 12, 2009

  • If there are health reasons they can get a court order to keep the baby. Why would they not discharge you?

    Answer by canadianmom1974 at 1:04 AM on Aug. 12, 2009

  • They really didnt give me a valid reason other than the baby had a 99f temp. but the room was so damn hot the air con was broke and it was sept in cali, very hot outside. I suppose the temp thing is y they kept her but I kept telling them it was like an oven in that room and they kept swaddling her

    Answer by Anonymous at 1:04 AM on Aug. 12, 2009

  • If they did not discharge you it was likely for a medical reason the same for your child, if they feel that the baby needed to stay then that is what goes, be careful with pushing this, you could end up with medical neglect/endangerment charges.

    Answer by Anonymous at 1:05 AM on Aug. 12, 2009

  • It was natural delivery

    Answer by Anonymous at 1:06 AM on Aug. 12, 2009

  • No I was just curious because it happened 2 years ago but it still bothers me

    Answer by Anonymous at 1:06 AM on Aug. 12, 2009

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