Midwives sue Georgia over legal restrictions

Three midwives filed a lawsuit against Georgia on Thursday, accusing the state of endangering patients with restrictive laws that stop trained midwives from practicing. Lawyers from the Center for Reproductive Rights filed on the midwives’ behalf, characterizing Georgia’s midwifery laws as some of the most restrictive in the nation.

It shouldn’t be illegal to give birth at home with a midwife, according to Jamarah Amani, a midwife suing the state. Georgia is suffering a maternal care crisis as the state squanders an entire workforce that could change that, according to another midwife in the lawsuit, Tamara Taitt.

Georgia law bars direct-entry midwives who trained outside the nursing profession and specialize in out-of-hospital births from practicing in the state altogether. The law also bars advanced practice nurses trained in midwifery, known as certified nurse-midwives, from practicing independently by requiring a formal, often expensive, written agreement with a physician, according to the lawsuit.

What are the arguments for the restrictions? Proponents of the restrictions argue that they are needed to ensure that anyone providing health care to pregnant women is properly qualified. They also say the regulations help to curb instances of malpractice.

What kind of argument did the lawsuit make against the laws? Midwifery restrictions do not advance patient safety and contradict research showing that midwifery is associated with fewer unnecessary medical interventions and improved outcomes, according to the lawsuit. Meanwhile, Georgia has one of the highest maternal mortality rates in the United States and suffers a serious shortage of maternity care providers, specifically in rural communities, the filing alleges.

Georgia’s restrictions, which the lawsuit characterized as unreasonable, also violate the right to pursue a chosen profession and the equal protection guaranteed under the Georgia Constitution, the filing claimed. These laws were part of the state’s broader campaign to push midwives out of practice, despite a history of midwives regularly supporting pregnant women for generations, according to the lawsuit.

Georgia law treats midwives like criminals, according to the Center for Reproductive Rights President Nancy Northup. Taking away women’s autonomy to decide where they want to give birth while there’s a provider shortage is senseless, she added. Lawyers petitioned for injunctions to be issued to stop the law’s enforcement of the restrictions while lawmakers work to formally overturn the statutes.

WORLD reached out to Georgia Attorney General Chris Carr for comment. This story will be updated with any response received.

Dig deeper: Read Lauren Canterberry’s report on how more than one-third of U.S. counties lack adequate maternity care.