Articles

Migrant women's rights and support

  • Written by

    Dr Sara van Boeckel

  • Medically reviewed by

    Dr Sarah Stock

Key takeaways

  • All pregnant women have a legal right to NHS maternity care in the UK.
  • Care cannot be refused or delayed, even if you cannot pay.
  • Some women may be charged for care, but payment plans are available.
  • Charities offer free, confidential help with understanding your rights.

Your right to maternity care in the UK

Everyone in the UK has a legal right to medical care from healthcare professionals throughout pregnancy, childbirth, and after the baby is born. This applies to everyone, whatever their citizenship or immigration status. Your care cannot be refused or delayed because you cannot pay.

Maternity care includes all standard scans, blood tests, midwifery, and obstetric care. It also includes specialist care if you need it.

Maternity care is considered 'immediately necessary'. This is because care throughout your pregnancy and birth is vital. It helps keep you and your baby as safe and healthy as possible, even if your pregnancy seems straightforward. This means that this care is also protected by law because maternity care is seen as a life-saving service.

What 'ordinarily resident' means

For many people in the UK, this care is free. This is usually for those who are 'ordinarily resident' in the UK. This can include people who are not British citizens.

The rules about who is considered 'ordinarily resident' for NHS charging are complex. They depend on your nationality, immigration status, and how long you have lived in the UK.

However, even if you are not 'ordinarily resident', you must still be given maternity care. This care must be given even in early pregnancy. Care must not be delayed or refused if you cannot pay.

Understanding NHS access and potential costs

The NHS provides free care to those who are 'ordinarily resident' in the UK. If you are not 'ordinarily resident', you may have to pay for your care.

However, you must still be given maternity care, even if you cannot afford to pay. You cannot be told to wait until you can pay.

Understanding potential charges

The minimum charge for maternity care that results in a birth is around £7,000 (as of 2021). This can feel like a very large amount, but remember that help is available. You can set up a payment plan that you can afford, and charities can offer free advice.

If you sadly have a miscarriage, you also have the right to care. If you are not 'ordinarily resident' or exempt from paying, there may be a charge for this care.

The NHS Trust must tell you if you will be charged for your maternity care. If you are charged and cannot afford to pay, the Trust must discuss a repayment plan with you. This plan should be based on your income and expenses.

It's important to know that the NHS has to tell the Home Office about unpaid bills over £500 that are more than two months late. This might sound worrying, but please be reassured that this will not happen if you agree to a repayment plan and stick to it. Charities can help you with this.

What to do if you receive a bill

If you receive a bill for your maternity care, remember that you must still be given care. Care cannot be delayed or refused, even if you cannot pay. This is to protect the health and wellbeing of you and your baby.

The rules for who is 'ordinarily resident' and who is exempt from paying are complicated. You may not have to pay for NHS maternity care if you are in an exempt group.

Who is exempt from charges?

Examples of exempt groups include:

  • Asylum seekers – if you have claimed asylum and are waiting for a decision.
  • Refugees – if you have been granted refugee status.
  • UK Government employees – or their partner.

If you are charged for your maternity care and cannot afford to pay, the NHS Trust must discuss a repayment plan. If you agree to a repayment plan and follow it, the NHS cannot tell the Home Office about your unpaid charges.

You can get free help to understand the rules and agree on a repayment plan. The charity Maternity Action can provide information on NHS charging for maternity care. They can also help you challenge charges for NHS care.

Citizens Advice can also offer support.

Where to find free, confidential support

Several organisations offer free and confidential support to help you understand your rights and navigate NHS maternity care.

Maternity Action

  • Provides information on NHS charging for maternity care.
  • Can help you challenge charges for NHS care.
  • Offers an email advice service.
  • Has a free telephone advice service, including telephone interpreting.
  • Provides online information.
  • Has an information sheet that explains who is considered 'ordinarily resident'.
  • Can offer advice if you are not 'ordinarily resident' or are not exempt from paying.
  • Can provide further advice on how costs are calculated.

Citizens Advice

  • Can offer free help with understanding the rules.
  • Can help you agree on a repayment plan for your care.

Doctors of the World UK

  • Runs a clinic in London providing medical care and advice to excluded people, including pregnant women.
  • Offers advocacy and support to help people access NHS services.
  • Provides information in multiple languages.

Refugee Council

  • Offers advice and support to refugees and asylum seekers.
  • Can help with understanding rights and accessing essential services, including healthcare.
  • Provides practical and emotional support.

There may also be some local charities available for you. Please ask your midwife or doctor for any services they may know of.