Lawsuit Seeks to Decriminalize Midwives Amid Georgia Maternal Health Crisis

A lawsuit was announced on April 2, 2026, challenging midwifery restrictions in Georgia that are described as some of the strictest in the United States. The legal action seeks to decriminalize the work of midwives who are currently banned from providing care during a worsening maternal health crisis.

The lawsuit was announced in front of the Georgia state Capitol following the conclusion of the legislative session, during which lawmakers failed to pass HB520, a bill that would have largely decriminalized midwifery.

Legal Restrictions on Midwifery Practice

The legal challenge targets several specific state laws that limit how midwives can operate. One contested law threatens financial penalties and jail time for any midwife who practices without a nursing license, regardless of their professional training.

the lawsuit challenges regulations that prevent Certified Nurse Midwives (CNMs) from practicing independently. To perform the full scope of their training, which includes prescribing medications and delivering babies, CNMs must work under physician oversight.

In practice, this oversight often requires CNMs to pay hundreds of dollars to a physician, a cost that many providers cannot afford.

Impact on Care Providers

The impact of these laws is illustrated by the experience of Tamara Taitt, a nationally accredited midwife who moved to Georgia in 2023 to run the Atlanta Birth Center. Taitt is a certified professional midwife (CPM), a credential that requires extensive clinical training and is recognized in 39 states.

Despite her accreditation, Taitt found herself in what she describes as an extraordinary position because Georgia law prevents the center’s executive director from providing routine clinical care to its own clients. Taitt could face criminal charges if she provides such care.

Other providers have left the state entirely due to these regulations. Jamarah Amani, a plaintiff in the lawsuit, now works with Black families and low-income mothers through a mobile clinic in Florida after leaving Georgia because of its restrictive laws.

The Maternal Health Crisis in Georgia

The lawsuit comes amid a broader maternal health crisis where the United States sees maternal mortality rates significantly higher than other high-income nations, with a particularly severe impact on Black women.

In Georgia, families often seek out freestanding birth centers to access holistic, less medicalized prenatal care and birth. These centers serve as alternatives to hospitals, allowing patients to avoid invasive medical interventions.

The demand for these alternatives is highlighted by the state’s C-section rates, which occur at three times the rate recommended by the World Health Organization.

Systemic Shortages in Maternity Care

The restrictions on midwives exacerbate a national shortage of maternity care providers. As birth centers and labor and delivery units close, many pregnant people are left with few options for care.

Current data indicates that more than 1/3 of counties in the United States are considered maternity care deserts, meaning they lack a single obstetric clinician or birthing facility.

By challenging the laws that prohibit midwives with expertise in home and birth center births from practicing, the plaintiffs aim to expand the available options for pregnant people across Georgia and improve safety for those seeking non-hospital births.