Legal Challenges to Georgia's Midwifery Restrictions

In April 2026, a lawsuit was filed by the Center for Reproductive Rights against the state of Georgia, challenging restrictive midwifery laws that prevent many trained midwives from providing essential prenatal and birthing care. The plaintiffs, including Tamara Taitt and Jamarah Amani, argue that these laws not only criminalize their practice but also exacerbate the state's maternal health crisis, particularly affecting Black women who face significantly higher risks during childbirth.

The Guardian

Georgia's midwifery regulations are among the strictest in the United States, allowing only certified nurse-midwives—who must also be licensed nurses—to practice legally. This has left certified professional midwives (CPMs) and traditional community midwives without a legal pathway to provide care. The state has a severe shortage of maternal health providers, with half of its counties lacking obstetric services and a third classified as "maternal health deserts." Historical context reveals that midwifery in Georgia has been subject to increasing regulation since the early 20th century, driven by a perception of safety and control rather than genuine health concerns.

The Guardian

Advocates highlight that midwifery care can lead to better outcomes for mothers and infants, with fewer unnecessary medical interventions. Angela Aina, executive director of the Black Mamas Matter Alliance, emphasized that the lawsuit represents a critical opportunity to improve public health in a state where Black women are more than twice as likely to die from childbirth compared to their white counterparts. The restrictive laws have forced some midwives, like Amani, to relocate to states with more favorable regulations, further diminishing access to care in Georgia.

The Guardian

Sarah Stokely, a certified nurse-midwife, noted that Georgia's requirement for nurse-midwives to work under physician oversight imposes significant financial burdens, making it difficult to sustain a practice. Families seeking out-of-hospital births often travel long distances to access care, highlighting the detrimental effects of these laws on maternal health services. The situation is compounded by the fact that many families are turning to unlicensed midwives due to fears of invasive medical procedures in hospitals.

The Guardian

Critics argue that Georgia's midwifery laws are not based on safety but rather on historical biases against traditional midwives, particularly those serving Black communities. Sekesa Berry, a community midwife, reported that many of her clients express fears of unnecessary medical interventions, reflecting a broader distrust of the healthcare system. Despite the legal risks, unlicensed midwives continue to provide care, although their lack of formal recognition complicates coordination with hospitals during emergencies.

The Guardian

The state of Georgia has 30 days to respond to the lawsuit, which seeks to decriminalize the practice of midwifery for trained professionals like Taitt and Amani. As the legal battle unfolds, the implications for maternal health care access in Georgia remain significant, with advocates urging for reforms that would allow skilled midwives to meet the urgent needs of their communities.

The Guardian

• “I am bringing this lawsuit for every Georgian who has called asking me to be their midwife and who I’ve had to turn down because I could not get a license in this state,” — Jamarah Amani, Midwife and Plaintiff

The Guardian

• “If not for these restrictions, I could be helping to meet the urgent gaps in maternity care, including for clients at our own birth center,” — Tamara Taitt, Director of Atlanta Birth Center

The Guardian

• “It’s just not feasible to have a practice here,” — Sarah Stokely, Certified Nurse-Midwife

The Guardian

• “My most common phone call, specifically since the pandemic, is: ‘I don’t want to die,’” — Sekesa Berry, Community Midwife

The Guardian