3 Nurse-Midwives Sue Georgia Over Laws They Say Are Worsening a Maternal Health Crisis
- Three midwives filed a lawsuit against Georgia on April 2, challenging state laws that require nurse-midwives to maintain costly physician oversight agreements and that ban certified midwives and certified professional midwives from practicing entirely.
- Georgia faces a severe maternal health crisis. More than one-third of the state's counties are maternity care deserts with no obstetric providers, and the state has a maternal mortality rate of 30 deaths per 100,000 births.
- The lawsuit is part of a growing wave of legal challenges to midwifery restrictions across southern states, including similar cases in Mississippi and Alabama.
Three midwives are suing the state of Georgia over some of the nation's most restrictive midwifery laws, arguing that the regulations are worsening a maternal health crisis and violating the state constitution.
The lawsuit, filed April 2 in Fulton County Superior Court by the Center for Reproductive Rights, names certified nurse-midwife Sarah Stokely, midwife and National Black Midwives Alliance co-founder Jamarah Amani, and Atlanta Birth Center executive director Tamara Taitt as plaintiffs. The filing came on the same day Georgia lawmakers failed to pass HB520, a bill that would have largely decriminalized midwifery in the state.
Georgia currently requires all nurse-midwives to have formal, written collaborative agreements with physicians before they can practice, and it threatens jail time and financial penalties for any midwife who practices without a nursing license, regardless of training or experience.
What Georgia's Midwifery Laws Restrict
Under current Georgia law, nurse-midwives must secure physician collaborative agreements that detail when and how a physician would intervene during care. These agreements typically cost around $500 per month, a fee plaintiff Sarah Stokely described as "insurmountable."
Georgia is also one of 38 states that don't allow licenses for certified midwives (who hold master's degrees) and one of 13 states that offer no licensure path for certified professional midwives (who complete specialized training and exams but don't have nursing degrees). Nationally, 16 states require some form of collaborative agreement with physicians for nurse-midwives to practice.
"There is a bit of mistrust that we can do things independently," Stokely, who currently lives in Georgia but works across the border in Tennessee, told NBC News.
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Georgia's Maternal Health Crisis
The lawsuit comes as Georgia faces alarming maternal health outcomes. According to the March of Dimes, the state has a maternal mortality rate of 30 deaths per 100,000 births from pregnancy complications or within six weeks postpartum. More than one-third of Georgia's counties are classified as maternity care deserts, meaning they have no obstetric providers or birthing facilities.
Only three freestanding birth centers remain in Georgia after a closure in February 2026, and just 36% of the state's rural hospitals provided labor and delivery services as of August 2025.
"There are some places in the state where there's nowhere to give birth or access pregnancy care nearby," said Hillary Schneller, senior counsel at the Center for Reproductive Rights. "We have midwives, including our clients, who are ready and willing to fill that gap."
Plaintiff Tamara Taitt put it bluntly: "If you are invested in solving the problem of maternal mortality and infant mortality, it doesn't really make any sense that you're not leveraging all of the providers that you can."
A Growing Wave of Lawsuits Across the South
Georgia's case is not an isolated challenge. In January 2026, the American College of Nurse-Midwives filed a federal lawsuit against Mississippi over its similar physician collaboration requirements, arguing they worsen the state's maternal and infant health crisis. Mississippi had declared a public health emergency in August 2025 over rising infant mortality.
In Alabama, a lawsuit ongoing since 2023 challenges a regulation requiring birth centers to be licensed as hospitals. An appeals court reversed a lower court ruling in January 2026, keeping that case alive. In Nebraska, a related case was settled in 2026 after the state carved out religious exemptions to its ban on nurse-midwives attending home births.
Plaintiff Jamarah Amani, who left Georgia for Florida in order to continue practicing, underscored the human cost of the restrictions. "I don't think I've met a midwife yet that is opposed to working collaboratively with obstetricians, but I have met many OBs that are opposed to working with midwives," she told NBC News.
What Nurses Need to Know
This lawsuit carries significant implications for nurses across the country, particularly certified nurse-midwives and those considering midwifery specialization. At its core, the case challenges whether states can require expensive physician oversight agreements that effectively prevent advanced practice nurses from working to the full scope of their training.
For nurse-midwives in the 16 states that currently require collaborative agreements, a favorable ruling in Georgia could set a precedent that reshapes scope-of-practice laws nationwide. It also highlights the growing role nurses play in addressing the maternal health crisis, especially in rural and underserved communities where physician shortages leave entire counties without birthing options.
The outcome could also affect workforce decisions. As long as restrictive laws remain in place, trained midwives like plaintiff Sarah Stokely will continue leaving states where they can't practice, deepening provider shortages in the areas that need them most. Nurses and nursing advocates should watch this case closely as it moves through Georgia's courts.
🤔 Should nurse-midwives be allowed to practice independently without physician oversight agreements? How have scope-of-practice restrictions affected your career or community? Share your thoughts in the comments.
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