Sibling Care: “Watching Older Siblings During Birth: Do I Need Childcare Liability?”

The plan was for Grandma to watch the toddler, but Grandma got the flu. You, the Doula, stepped in to keep the 3-year-old occupied while Mom pushed. The toddler tripped over a cord and needed stitches. The parents are suing you for the ER bill and “negligent supervision.” Your Doula insurance agent just told you, “We don’t cover babysitting.”

Key Takeaways

  • The “Childcare Exclusion”: Almost all Professional Liability policies exclude claims related to childcare, babysitting, or day care services.
  • Incidental vs. Primary: There is a gray area. Briefly holding a hand vs. being the designated watcher. Insurance companies hate gray areas.
  • General Liability is Needed: Professional Liability covers your advice/support. General Liability (GL) covers slips, falls, and accidents. You need both.
  • The “Designated Sibling Doula”: If you were hired specifically for the child, you are a Nanny in the eyes of the insurer, not a Doula.

The “Why” (The Trap): Professional vs. General Liability

This is the most common confusion in the birth world.

  • Professional Liability (Malpractice): Covers errors in your specialized craft (e.g., missing a contraction pattern).
  • General Liability (GL): Covers bodily injury to third parties on your premises or while you are working (e.g., you spill hot coffee on a toddler, or a toddler trips over your bag).

If you are “watching” the sibling, you are performing a service. If that service (childcare) isn’t listed on your policy declarations, it’s excluded.

[IMAGE: Graphic illustrating the difference between Professional Liability and General Liability risks]

The Investigation: I Called Them

I asked agents, “If I watch a sibling during a birth and they get hurt, am I covered?”

CM&F Group

  • Answer: “Our policy covers you for Doula services. If you are acting as a babysitter, that is likely outside the scope.” They recommended sticking strictly to Doula work.

The Hartford (Small Business)

  • Answer: They offer a robust General Liability policy that covers “accidental injury.”
  • The Win: If you have a GL policy with them, and a kid trips over your birth ball, it’s covered. It costs about $350/year.

Care.com / Nanny Insurers

  • Answer: If you market yourself as a “Sibling Doula,” you might actually need Nanny insurance, not Doula insurance.

Comparison Table

Coverage for sibling accidents.

ScenarioInsurance NeededEstimated Cost
Kid trips over your bagGeneral Liability (GL)~$300/yr
Kid chokes while you feed themChildcare Liability (Nanny)~$600/yr
You advise mom on parentingDoula Professional LiabilityIncluded in Malpractice

Step-by-Step Action Plan

  1. Buy General Liability (GL): Do not operate with just Malpractice. You need “Slip and Fall” coverage. It’s cheap and covers the “clumsy” accidents.
  2. Clarify the Role in Contract: Add a clause: “Doula is not responsible for childcare. Client must provide designated childcare for siblings.”
  3. Refuse the Responsibility: If Grandma cancels, tell the partner they are responsible for the toddler, not you. If you accept the duty, you accept the liability.
  4. Secure Your Gear: If a child gets into your birth bag and swallows a tincture or plays with scissors, that is “Negligence.” Keep your bag zipped and high up.

FAQ

Q: I offer “Sibling Doula” packages. What insurance do I need?
A: You need a policy that explicitly lists “Childcare” or “Nanny Services.” A standard Birth Doula policy will deny a claim involving a toddler under your sole care.

Q: Does my homeowner’s insurance cover me if I do births at my house?
A: No. Homeowner’s policies exclude “Business Pursuits.” If a client falls at your house, your home insurance will deny the claim. You need business GL.

Scroll to Top