A group of midwives in Georgia has filed a lawsuit against the state, challenging some of the most restrictive midwifery laws in the United States and arguing that the regulations are worsening an already critical maternal health crisis.
The lawsuit comes just days after Georgia lawmakers failed to pass legislation that would have decriminalized midwifery. Under current law, midwives must obtain a nursing degree and license to practice, while also securing formal agreements with physicians—requirements that many say are financially and logistically out of reach.
Legal Challenge Targets Barriers to Practice
The plaintiffs, including certified nurse-midwife Sarah Stokely and birth center operator Tamara Taitt, argue that Georgia’s policies violate the state constitution and unnecessarily restrict access to essential care.
Midwives without nursing degrees are barred entirely from practicing in the state, while certified nurse-midwives must maintain written agreements with physicians outlining when medical intervention is required. These agreements often come with steep costs, including monthly fees and liability insurance.
“We have midwives… ready and willing to fill that gap to serve families, and the state is treating them like criminals,” said Hillary Schneller, senior counsel at the Center for Reproductive Rights and lead attorney for the plaintiffs.
Maternal Health Crisis Driving Urgency
The lawsuit highlights broader concerns about maternal health in the U.S., particularly for Black women, who face a maternal mortality rate nearly three times higher than white women.
Georgia is among the states most affected by limited maternity care access. More than one-third of its counties are classified as “maternity care deserts,” meaning they lack obstetric providers or birthing facilities. Only 36% of rural hospitals in the state offer labor and delivery services, and just three birth centers remain operational statewide.
According to data cited in the lawsuit, approximately 30 mothers die per 100,000 births in Georgia due to pregnancy-related complications or within six weeks postpartum.
Midwives Say Rules Limit Access and Choice
Midwives argue that restrictive laws not only limit their ability to practice but also reduce options for expectant mothers, particularly in underserved and rural communities.
Jamarah Amani, one of the plaintiffs, said collaborative agreements with physicians can be difficult to secure, noting resistance from some doctors.
“We demand access to midwife care… we want to birth in centers and at home,” Amani said, stressing patient choice and autonomy.
The restrictions have also created staffing shortages at birth centers. Taitt said her Atlanta-based facility struggles to hire enough qualified professionals because the law excludes trained midwives who lack nursing degrees.
Part of a Broader National Trend
Georgia’s lawsuit is part of a growing wave of legal challenges across the country targeting midwifery restrictions. Similar cases have been filed in states including Mississippi and Alabama, while advocates have seen some legal victories in North Carolina and Hawaii.
Supporters of physician agreements argue they are necessary for patient safety, ensuring midwives have medical backup during complications. However, critics contend the requirements are outdated and fail to reflect modern midwifery training and capabilities.
As the case moves forward, it is expected to reignite debate over how best to address provider shortages, improve maternal health outcomes, and expand access to care—especially for vulnerable populations.
