The Companion Law: what it is and how to secure this right during birth
Having someone you trust by the side of the person giving birth is not a favor or a courtesy from the hospital: it is a federal right guaranteed by law.
Federal Law No. 11.108/2005, reinforced and expanded by Law No. 14.737/2023, establishes that every pregnant woman, woman in labor or new mother has the right to a companion of her own choosing throughout labor, the birth itself (vaginal or cesarean) and the postpartum period.
All maternity hospitals and hospitals in the SUS (Brazil's public health system);
Private hospitals and hospitals contracted by health plans.
Who can be the companion?
The choice belongs only to the person giving birth. It can be the baby's father, a partner, mother, sister, friend or anyone else she trusts who is over 18 (or a legal guardian).
There is no need for a biological tie, a formal marriage or anyone else's permission. In addition:
Taking a prenatal class is not required to have access to the birth center or operating room.
Hospitals cannot charge extra fees for the companion to stay.
The right covers the entire stay in rooming-in until discharge from the hospital, not just the first few hours after the birth.
How to prepare during prenatal care
Visit the maternity hospital ahead of time: Brazil's Ministry of Health encourages linking the pregnant woman to her designated maternity hospital while still in prenatal care. This is the ideal time to get to know the facility and how admission works.
Identification document: The companion only needs to bring an official photo ID (RG, CNH or equivalent) on the day of admission.
Birth Plan: Writing down your choice of companion in your Birth Plan helps the medical and nursing team respect the family's preferences from the very beginning.
In what situations might there be a restriction?
Federal law overrides the hospital's internal rules or administrative orders. No maternity hospital can create "house rules" banning companions across the board.
Restrictions are exceptional, temporary and must have an explicit medical justification in the medical record — such as serious surgical emergencies with an immediate risk to the life of the mother or baby. In situations of isolation due to infectious diseases, health guidelines call for providing Personal Protective Equipment (PPE) to the companion without symptoms, ensuring biological protection without taking away human support.
What to do if this right is not respected?
If the hospital tries to prevent the companion from entering or staying:
Ask for the medical justification signed in writing in the medical record.
Contact the hospital's Ombudsman Office or the nurse/doctor in charge on duty.
File a complaint immediately with Disque Saúde 136 (if you are in the SUS) or with the ANS — Brazil's National Supplementary Health Agency (if you are in the private network/a health plan).
The Public Prosecutor's Office, the State Public Defender's Office and Disque 180 also receive reports of obstetric violence and violations of health laws.
Sources:
Federal Law No. 11.108/2005 (Companion Law in the SUS).
Federal Law No. 14.737/2023 (Companion during appointments, tests and procedures).
Brazil's Ministry of Health — National Guidelines for Normal Birth Care.
National Supplementary Health Agency (ANS) — Normative Resolution on the Guarantee of a Companion.