What You’ll Learn in This Post:

• • The two essential legal pieces every doula needs (and why most doulas overcomplicate this)

• • Why buying contracts off Etsy is setting you up for problems

• • The biggest legal risk doulas face (hint: it’s not what you think – it’s scope creep)

• • When you actually need liability insurance vs. when it’s optional

• • Free and low-cost ways to get legal help, including law school clinics

• • How to address your partner’s concerns about legal liability

• • What to do if you practice across state lines

I hear this all the time from doulas who’ve completed their training: “I’m not ready to take clients yet because I haven’t figured out the legal stuff.”

When I ask what they mean by “legal stuff,” the answers vary wildly. Some mean business registration. Others mean contracts. Many are thinking about insurance. A few are worried about taxes. Most are thinking about all of it at once, which is exactly why they’re stuck.

Here’s what I know from training over 10,000 doulas in 30 years: Legal prep is simpler than you think. The fear of getting it wrong is keeping more doulas from launching than any actual legal requirement ever has.

Let me walk you through what you actually need.

First: What Do You Mean by “Legal”?

Before we go further, ask yourself what “legal stuff” means to you. Is it:

• • Having a contract with clients?

• • Registering your business as an LLC?

• • Getting liability insurance?

• • Understanding what happens if you practice across state lines?

• • Knowing your scope of practice boundaries?

The answer is technically all of the above. But not all at once, and not all before you take your first client.

The Two Big Legal Pieces Every Doula Needs

There are really only two core legal components to running a doula business:

1. 1. Your contract (what you agree to do, what clients agree to pay, what happens if things change)

1. 1. Your business structure (how you operate – sole proprietor vs. LLC or similar)

Everything else – insurance, multi-state considerations, scope of practice boundaries – fits into one of these two categories or becomes relevant based on your specific situation.

Let’s break down each one.

Your Contract: The Non-Negotiables

A contract protects both you and your client. It sets clear expectations and gives you both something to reference if questions come up later.

What Must Be in Your Doula Contract

At a minimum, your contract should include:

1. What a doula is and does (your scope of practice) This is where you clearly state what you provide. For example:

• • Emotional support and physical comfort

• • Communication with staff to help you get information for informed decisions

• • Reassurance and perspective

• • Suggestions for labor progress

• • Help with relaxation, positioning, and comfort techniques

2. What doulas do NOT do This is just as important as what you do. I frame it this way:

As a doula, I do not:

• • Perform clinical tasks, such as blood pressure, fetal heart checks, pelvic exams, and others. I am there to provide only physical comfort and emotional support.

• • Make decisions for you. I will help you get the information necessary to make an informed decision. I will also remind you if there is a departure from your birth plan.

• • Guarantee birth outcomes.

3. Services provided with specifics

• • Number of prenatal visits and when they’ll happen

• • When you go on call (typically around 38 weeks, though always tell clients to call you if labor starts earlier)

• • Labor support details (when to call, how long it takes you to arrive, where you’ll meet)

• • Postpartum visit (when and what’s included)

4. Backup doula arrangement Who covers if you’re unavailable, and what happens if neither you nor your backup can attend.

5. Fee structure with specific dates This is where most doulas mess up. Don’t just say “half now, half later.” Give actual dates:

• • $XXX retainer fee due when you select me as your doula (Date: ________)

• • $XXX due by 36 weeks (Date: ________)

If you offer payment plans, spell out every single payment with its due date. This makes it easier to see if someone is in or out of contract.

6. Cancellation and refund policy Be specific about different scenarios. Here’s how I structure mine:

If client cancels:

• • Before 36 weeks: Client loses deposit (50% of total fee)

• • After 36 weeks: Whole fee is due, even if client cancels

If doula cannot attend:

• • Backup doula attends: No change in fees

• • Neither doula nor backup attends due to doula/backup’s fault: Client receives 50% refund

• • Baby arrives before doula (rapid birth): No change in fee (I include estimated travel time in contract so clients know what to expect)

If baby comes early (before on-call period):

• • Always call me first – I’m probably available even if not officially on call yet

• • If I’m not available, call backup

• • If neither available and we can’t find coverage: Second half of fee returned (depending on timing and if already paid)

If baby comes late:

• • Same as on-time baby – I’m still on call, that’s part of the deal

7. Special provisions that need initials Some things are important enough that I don’t just bury them in the contract text. I make clients and partners initial specific items:

• • Call, don’t text: I have clients initial that they will CALL (not text) to alert me they’re in labor. I don’t wake up to texts, and this protects me if they forget to call.

• • Photography opt-IN: If you allow birth photography, make it an opt-IN with initials, not an opt-out. Clear consent matters.

8. Which state’s laws govern If you practice across state lines (more on this below), specify which state’s laws apply if there’s a contract dispute. Usually, this is the state where you live.

9. Signature lines Get signatures from the client, their partner (if applicable), and yourself. Date it.

Why Buying Contracts Off Etsy Is a Problem

Yes, Etsy contracts are pretty. They sound professional. But here’s what’s wrong with them:

• • They’re not state-specific to your practice location

• • They’re generic and may not match your actual services

• • They haven’t been reviewed by anyone with legal expertise in your state

• • They don’t account for payment plan specifics or your unique policies

• • You have no idea if they’re actually enforceable

Instead, use a template as a starting point – DONA International provides a sample contract for members (I’ve linked to my YouTube video below that covers common contract mistakes). Then get it reviewed by a lawyer.

“But Robin, I can’t afford a lawyer!”

Keep reading. I’ll show you how.

Getting Your Contract Reviewed Without Breaking the Bank

You don’t need a lawyer to write your contract from scratch. You need a lawyer to review what you’ve created and tell you what you’re missing or what could cause problems.

Free options:

• • Law school legal clinics: Many law schools run legal clinics where student lawyers (supervised by licensed attorneys) will review documents for free or very low cost. Google “[your city] law school legal clinic” to find one near you.

• • SCORE.org: This free resource connects you with retired business professionals who volunteer their time. While they’re not lawyers, they can point you to local legal resources and help with business structure questions.

Low-cost options:

• • Online legal services: Services like LegalZoom or Rocket Lawyer offer monthly subscriptions where you can have documents reviewed. You could subscribe for one month, get your contract reviewed, then cancel. Ask the reviewer specifically: “What am I missing here? What could cause problems?”

• • One-time consultation: Many lawyers will do a single document review for a flat fee. This is often more affordable than you think.

The key question to ask any lawyer reviewing your contract: “What am I missing? What could I leave out that would cause problems?”

Your Contract Is Your Protection – Use It

Here’s the thing about contracts: If it’s in your contract, you have to do it. And your clients have to follow it too.

Don’t put things in your contract you’re not willing to enforce. Don’t promise services you’re not prepared to provide. Stay within your contract, and expect clients to stay within it too.

Your Business Structure: Sole Proprietor vs. LLC

The second big legal piece is how you structure your business.

Most Doulas Start as Sole Proprietors

Many doulas work as sole proprietors under their Social Security Number. This means:

• • You report income on your personal tax return (Schedule C)

• • You’re personally responsible for business debts

• • It’s the simplest, cheapest way to start

• • You can start taking clients immediately

There’s nothing wrong with this approach, especially when you’re just starting out.

When to Consider an LLC

Some doulas choose to form an LLC (Limited Liability Company) or similar structure. This might make sense if:

• • You want additional liability protection (though this isn’t foolproof – anyone can sue anyone)

• • You practice in multiple states and need clearer business separation

• • Your partner is concerned about personal financial risk

• • You’re required to have an LLC by an agency or hospital where you work

• • You want to build a business you might eventually sell or bring in partners

The truth? Many doulas worry about setting up an LLC and then find it’s much easier than they thought. But you don’t need one to start practicing.

I wrote an entire post about whether doulas should have an LLC – you can read it here: Your Doula Business: Exploring the LLC for Doulas

Insurance: When You Need It vs. When It’s Optional

This is where doulas get really confused, often because partners are asking questions.

The Difference Between Liability and Malpractice Insurance

First, understand this: Doulas are not medical providers, so we don’t need malpractice insurance. We have liability insurance, which is different.

Liability insurance covers you if someone claims you caused harm or damage while providing doula services within your scope of practice.

When You MUST Have Insurance

You need insurance if:

• • Your employer requires it (hospital doula programs, doula agencies)

• • You’re working through certain volunteer programs that require coverage

• • You’re getting credentialed with insurance companies (like Carrot Fertility – and make sure your insurance actually covers what they require; not all doula insurance policies meet Carrot’s needs)

Read more: Doulas Guide to Getting Listed with Carrot and Understanding Liability Insurance for Doulas: What You Need to Know

When Insurance Is Optional

Many doulas work without insurance, especially when starting out in private practice. This is a personal risk tolerance decision.

What Insurance Typically Covers (and Doesn’t)

Most doula liability policies cover you for claims related to services within your scope of practice. For example, if someone claims you gave bad advice or that your presence somehow caused harm.

What it typically doesn’t cover: Things outside your scope of practice. Which brings me to the legal risk nobody talks about.

The Legal Risk Nobody Talks About: Scope Creep

Here’s the truth: The biggest legal risk most doulas face isn’t an LLC or a contract clause. It’s scope creep.

Scope creep is when you start doing things outside your training and scope of practice, usually because you love what you do and want to help more.

For example: Cooking meals for postpartum clients instead of just organizing a meal train. Providing snacks during labor that you brought from home. Acting as a postpartum doula without postpartum training. Watching the baby while mom showers (that’s postpartum scope, not birth doula scope).

If you get called in legally for something, you want to have the full weight of your training and scope of practice to support you – not have someone point out you were doing something you shouldn’t have been doing.

Your scope of practice is the line. What training have you had? Stay within it.

Scope creep deserves its own deep discussion because it’s that important and that common. For now, know this: Your legal protection lives inside your scope of practice. The moment you step outside it – even with good intentions – you’re exposed.

Practicing Across State Lines

If you work in one state and live in another, or if you take clients in multiple states, you need to think about a few things.

When Multi-State Practice Matters

For example, I do births in Kentucky and Indiana. One contract might be sufficient to cover both states, but in some places, you may need an additional page or even two separate contracts.

This is where talking to somebody who understands the laws in your state becomes helpful. This is not the type of detail you’ll get from an Etsy contract.

Which State’s Laws Apply

You may also want to specify in your contract: If there’s a contract dispute, which state’s laws govern? Usually, this is the state where you live.

Addressing Your Partner’s Concerns

Partners often don’t know what they don’t know, and they worry about potential legal and financial risk to their loved one.

Common Partner Questions

“Do you need malpractice insurance?” No. Doulas are not providers, so we don’t need malpractice insurance. We have liability insurance, which is different (and may not even be required, depending on your situation).

“What if you get sued and we lose our house?” Anyone can sue anyone for anything. But here’s the reality: The house is probably going to be more protected under doula liability insurance than anything else. An LLC can also provide some protection here, though it’s not a magic shield.

How to Respond to Partner Concerns

Get to the core of what they’re worried about. Usually, it’s one of these:

• • Personal financial liability

• • Not having proper legal protection

• • Fear of the unknown

Once you know what the real concern is, you can address it specifically. Sometimes it’s getting insurance. Sometimes it’s forming an LLC. Sometimes it’s just walking them through your contract and showing them you’ve thought this through.

Where to Get Help

You don’t have to figure this out alone. Here are resources:

Free legal help:

• • Law school legal clinics (Google “[your city] law school legal clinic”)

• • SCORE.org for business structure and general business questions

Low-cost legal help:

• • Online legal services (LegalZoom, Rocket Lawyer) – subscribe for a month, get documents reviewed, cancel

• • One-time lawyer consultation for contract review

Contract resources:

• • DONA International provides sample contracts for members in training manual, other organizations may as well

• • Watch my YouTube video on common contract mistakes: 5 Mistakes Doulas Make in Their Contracts

Insurance and business structure:

• • Your Doula Business: Exploring the LLC for Doulas

• • Understanding Liability Insurance for Doulas: What You Need to Know

The Bottom Line

Legal prep is simpler than you think. Don’t let fear of getting it wrong keep you from taking clients.

You need two things:

1. 1. A solid contract that protects both you and your clients

1. 1. A business structure (even if that’s just sole proprietor starting out)

Everything else is either optional, situation-dependent, or something you can add as you grow.

The biggest legal risk you face isn’t whether you have an LLC or the perfect contract language. It’s scope creep – doing things outside your training because you want to help.

Stay in your lane. Get your contract reviewed by someone with legal expertise in your state. Know what you’re agreeing to do and what clients are agreeing to pay.

Then take your first client.

You’ve been trained. You’re ready. The legal stuff shouldn’t be what stops you.