Like all parents-to-be, Kate and Anthony Hinton carefully planned for the arrival of their baby, choosing the hospital they believed would be best for the delivery.
The couple were stunned when staff at Westmead Private Hospital refused to provide a professional interpreter for Mr Hinton, who is deaf.
After failing to reach a solution with the hospital, the couple switched to the public Westmead Hospital three-quarters of the way through the pregnancy, a stressful situation they say no other couple should have to endure.
Now the parents of six-month-old Abigail are planning to launch legal action against Westmead Private, owned by Ramsay Health Care, on the basis of unlawful discrimination.
Mrs Hinton claimed Westmead Private would not provide an Auslan interpreter for her husband during labour and delivery because he was not the patient.
"I explained how important it was for him to have an interpreter because if anything were to go wrong he would need to make decisions on my behalf and if he doesn't know what is happening he can't really do that," she said.
Mr Hinton wished to be fully involved with the delivery of his first child, which could only be achieved with the help of an interpreter.
"I wanted to know what was going on during my daughter's birth and what the health staff were saying," he said.
When Westmead Private staff suggested Mrs Hinton could act as interpreter between contractions, the couple approached the public Westmead Hospital which provided an interpreter free of charge.
"I turned up prepared to fight my case but they just said, 'Yes, no worries, we'll organise that for you'," she said. "I almost burst into tears."
There were complications with Abigail's delivery at Westmead Hospital on May 24, with the interpreter keeping Mr Hinton informed as the baby was taken to the Neonatal Intensive Care Unit.
"I am Abigail's parent also so I need to know what is happening to her just as much as my wife needs to know," he said. "We are a team."
Edward Santow, chief executive of the Public Interest Advocacy Centre which is running the case on behalf of the Central Coast couple, said access to health care is a "core human right".
"We believe the Hintons were not treated fairly or lawfully in this matter," he said.
"People should not have to make these sorts of compromises."
A spokeswoman for Westmead Private Hospital apologised to the Hintons but said it was unable to have an interpreter on call.
"The hospital was not able to commit to providing an interpreter service for Mr Hinton during Ms Hinton's in-patient consultations with the medical practitioner nor during delivery, due to the unpredictable times these events occur and being unable to ensure an interpreter 24/7," she said.
Mrs Hinton said she hoped the case would draw attention to discrimination against the deaf community.
"Since marrying my husband I have seen how much deaf people always have to advocate to access things most people take for granted," she said.
"It always seems like a fight. The birth of a child is such an important part of your life. You shouldn't have to fight for that."
