Can Social Services Remove My Unborn Baby?

by Ridley & Hall in Child care, Kim Noble posted May 28, 2025.

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Understanding Your Rights During Pregnancy and After Birth

If you’re pregnant and involved with Social Services, it can be a frightening and uncertain time — especially if you’re worried about your baby being taken away at birth. This guide explains your legal rights, how Social Services may get involved before your baby is born, and what support and legal help is available.

What Are My Legal Rights While Pregnant?

While you’re pregnant, only the pregnant mother has legal rights over the unborn baby. The baby’s father does not have automatic rights or the ability to make decisions about your pregnancy.

Once your baby is born, as the mother you automatically have parental responsibility. The father only has parental responsibility if:

You are married to him at the time of birth, or
He is named on the baby’s birth certificate.

Why Are Social Services Involved Before Birth?

Social Services may become involved during your pregnancy if they are concerned about your ability to safely care for your baby. This can happen if:

You’ve had children removed in the past
There are worries about drug or alcohol misuse
You’re experiencing domestic abuse or mental health challenges

Social Services can:

Carry out a pre-birth assessment
Place your unborn baby on a Child Protection Plan
Invite you to a PLO meeting (Public Law Outline), where they discuss concerns and next steps

If you’re invited to a PLO meeting, get in touch with us straight away. You are entitled to free legal aid for advice and representation during this process.

What Happens After I Give Birth?

In some cases, Social Services may ask the hospital to keep you and your baby there until the Family Court makes a decision — often within 24 hours of birth. If you are fit to be discharged, the hospital may not be able to delay your release, making the process feel even more urgent and distressing.

Can Social Services Take My Baby at Birth?

Only the Court can decide to remove your baby — Social Services cannot do this on their own. They must prove:

Your baby is at immediate risk of significant harm
There is no alternative safety plan (such as supervision by a family member)

This is a high legal threshold, and the Court will only make a temporary (interim) decision until further assessments are completed.

You are entitled to legal aid if care proceedings are issued.

How Can I Prevent My Baby From Being Taken?

The best way to reduce the risk of your baby being removed is to:

Engage with Social Services
Be honest about any challenges you face
Take steps to get support (e.g., addiction services, mental health support)
Suggest trusted family or friends who could care for your baby if needed

What Are My Options If We Go to Court?

Depending on your circumstances, there are options that may allow you to stay with your baby:

Mother and Baby Residential Units

You and your baby live together in a self-contained flat at a specialist centre. Staff supervise and support you, often using CCTV. Assessments usually last around 12 weeks.

Mother and Baby Foster Placements

You live with an experienced foster carer who supports you while a parenting assessment is carried out.

Both options aim to keep you and your baby together while Social Services decide if long-term support is needed. If the placement doesn’t go well or assessments are negative, Social Services may ask the Court to consider other options.

What If Social Services Don’t Offer These Placements?

If Social Services aren’t offering a mother and baby unit or foster placement, we can help you apply to the Court. These placements are limited and involve a strict screening process, but the Court — not Social Services — has the final say.