TL/DR –
A group of Alabama midwives and birth centers have requested a review by the Supreme Court of Alabama for a state appellate court decision that would oblige them to acquire unnecessary “hospital” licenses as required by the Alabama Department of Public Health. If upheld, this decision could severely hinder the operation of birth centers, even though evidence shows that these centers offer important midwifery care in a safe and homely environment, especially to disadvantaged communities. Birth centers, such as the plaintiff Oasis Family Birthing Center, argue that they play a critical role in tackling the state’s maternal and infant health crisis and are seeking to permanently protect their rights to operate and provide vital care.
Alabama Midwives Seek Supreme Court Review Over “Hospital” License Requirements
Alabama midwives and birth centers have appealed to the Alabama Supreme Court, challenging a court order demanding unnecessary “hospital” licenses. The appeal targets a 2026 state court decision, which could compel birth centers to acquire expensive and unnecessary licenses, potentially forcing many to close their doors. These independent facilities provide vital midwifery care in comfortable, homelike environments.
If the Supreme Court overturns the appellate decision, independent birth centers will be secure in providing essential midwifery care across Alabama. Amid a state-wide maternal and infant health crisis, these centers play a vital role in offering accessible pregnancy-related care. The care provided at birth centers is proven to be safe and beneficial, reducing preterm births, unnecessary cesarean sections, and health disparities.
Dr. Yashica Robinson, founder of the Alabama Birth Center, advocated for the critical role these centers play. “The care we provide not only improves outcomes; it changes lives,” she commented. Jo Crawford, staff midwife at Oasis Family Birthing Center, echoed this sentiment, stressing the need for their services to continue for the sake of pregnant Alabamians.
Despite legal disputes, birth centers like Plaintiff Oasis Family Birthing Center, Alabama’s first freestanding birth center, continue to provide essential care. Centers like Plaintiff Alabama Birth Center in Huntsville also remain operational, offering care throughout the case’s appeal process.
Whitney White, ACLU Reproductive Freedom Project staff attorney, emphasized the importance of birth centers, calling for an end to state interference. JaTaune Bosby Gilchrist, ACLU of Alabama’s executive director, noted that “no family should have to worry about whether they can find the care they need during pregnancy and through birth.”
The lawsuit, Oasis Family Birthing Center et al. v. Alabama Department of Public Health, was filed in Montgomery’s Fifteenth Judicial Circuit Court in August 2023. The plaintiffs are represented by the American Civil Liberties Union, ACLU of Alabama, Covington & Burling LLP, and Bobby Segall of Copeland Franco.
Court Case
Oasis Family Birthing Center et al. v. Alabama Department of Public Health
Affiliate
Alabama
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