Overview of Key Points
- Underpinning all comments and guidelines in this document is the consensus of the forum that decisions about the participation of pregnant women in sport must be made in consultation with medical advisers.
- Medical experts who took part in the National Forum on Pregnancy and Sport advised that damage to the womb of the kind that could injure an unborn child is usually associated with forces equivalent to those occurring in a car accident. All medical experts agreed that falls and direct contact of the kinds that occur during contact sports were unlikely to cause damage to the womb or the unborn child.
- While there is no proof that a woman playing sport has ever damaged her unborn child, it should be noted that there is also little recorded evidence on the issue.
- A ban on pregnant women’s participation in sport may contravene state and federal anti-discrimination laws. A pregnant participant has the right to lodge a complaint against the banning organisation on the grounds of discrimination because of pregnancy.
- Organisations can ask all participants to provide information concerning their health — including a pregnancy — that may be important to a treating doctor should an accident occur (however, participants are not obliged to provide this information) (see the ASC’s Guide to best privacy practices for sporting organisations under Resources).
- There are no recorded legal cases in Australia in which a child who has sustained sports-related prenatal injuries has taken action against a mother, a mother’s doctor, an organiser or an official of the sport, or a fellow participant. The only Australian example of a child successfully suing its mother for prenatal injuries involved injuries sustained in a motor vehicle accident.
- A mother can provide a legal disclaimer that she will not take action against an organisation, and an indemnity (protection for costs) for any action her child may take against an organisation in the future. However, a mother cannot sign a disclaimer on behalf of her unborn child.
- Upon reaching adulthood (or through an adult representative), a child who suffered a prenatal injury may make a claim against its mother or any other entity that can be found to have been negligent, including a sporting organisation.
Organisations should ensure that their public liability insurance, professional indemnity insurance, and directors and officers insurance are current and do not contain exclusions for pregnant participants. - Administrators of sporting organisations should seek up-to-date information on the benefits and risks of exercise during pregnancy (see Resources ).
- While the benefits of women staying active during pregnancy are well documented, all decisions about the matter should be made by the individual participant in consultation with medical advisers.
