Alabama Midwives and Birth Centers Seek State Supreme Court Review of Court Order Requiring Unnecessary “Hospital” Licenses

Pregnant Alabamians will still be able to receive birth center-based care while this case continues.

Affiliate: ACLU of Alabama
March 23, 2026 3:00 pm

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MONTGOMERY, Ala. — A group of Alabama midwives and birth centers have asked the Supreme Court of Alabama to review a January 2026 state appellate court decision that would allow the Alabama Department of Public Health (ADPH) to require birth centers to obtain burdensome and unnecessary licenses as “hospitals.” The appeals court decision could make it effectively impossible for birth centers to continue operating, despite evidence that these independent facilities safely provide much-needed midwifery care to low-risk pregnant patients in a homelike setting.

If the Alabama Supreme Court decides to hear this case and sets aside the appellate decision, it would permanently protect the ability of freestanding birth centers across the state to continue providing essential midwifery care to their communities. Amid the state’s maternal and infant health crisis — which disproportionately impacts Black women and families, Alabamians with low incomes, rural communities, and others impacted by widespread maternity care deserts — birth centers play a critical role in expanding access to pregnancy-related care. Evidence shows that the midwifery care provided at birth centers is safe and improves patient outcomes, including by reducing preterm births, unnecessary cesarean sections, and health disparities.

“The care we provide at birth centers not only improves pregnant Alabamians’ outcomes — it changes their lives,” said Dr. Yashica Robinson, founder of the Alabama Birth Center. “Being able to get pregnancy care in their own communities, in a home-like setting, makes a world of difference — especially for Black Alabamians, who are more likely to experience complications and be disempowered as the result of medical racism. With Alabama facing a serious maternal and infant health crisis that is disproportionately affecting Black Alabamians, those with low incomes, and rural communities, the support birth centers provide our communities is more important than ever.”

“My patients choose midwifery care because of the comprehensive support we provide throughout pregnancy,” said Jo Crawford, CPM, and staff midwife at Oasis Family Birthing Center. “I have seen first-hand how midwife-led care empowers birthing mothers, giving them control over their care and ensuring that they can deliver safely. It is essential that we continue to be able to provide this care to pregnant Alabamians.”

Plaintiff Oasis Family Birthing Center in Birmingham, Alabama’s first freestanding birth center, first opened and began safely providing essential care for pregnant Alabamians in 2022. Additional birth centers, including Plaintiff Alabama Birth Center in Huntsville, have also opened since an Alabama state trial court first blocked the Alabama Department of Public Health’s attempt to restrict access to birth center-provided care at an earlier stage in this case. These birth centers will be able to continue providing care while this case continues on appeal.

“Birth centers are essential for Alabama women and families, and we remain steadfast in fighting for them,” said Whitney White, staff attorney with the ACLU Reproductive Freedom Project. “Pregnant Alabamians should be able to access evidence-based midwifery care in birth centers, without burdensome, unnecessary interference from the state. Birth isn’t one-size-fits-all. Alabamians deserve to be able to access the model of care that serves their needs and their families best. We hope that the Alabama Supreme Court will recognize how crucial birth centers are and protect Alabamians’ ability to continue receiving this essential care in their communities.”

“Alabama’s maternity care desert is growing larger every year, and no family should have to worry about whether they can find the care they need during pregnancy and through birth in the manner in which they desire,” said JaTaune Bosby Gilchrist, the ACLU of Alabama’s executive director. “We are hopeful that the Alabama Supreme Court will ensure that families will continue to have healthcare options throughout our state.”

The lawsuit, Oasis Family Birthing Center et. al. v. Alabama Department of Public Health, was originally filed in the Fifteenth Judicial Circuit Court in Montgomery in August 2023. The plaintiffs – Oasis Family Birthing Center in Birmingham, Heather Skanes, M.D., Alabama Birth Center in Huntsville, Yashica Robinson, M.D., the Alabama affiliate of the American College of Nurse-Midwives, Jo Crawford, CPM, and Tracie Stone, CPM – are represented by the American Civil Liberties Union, the ACLU of Alabama, Covington & Burling LLP, and Bobby Segall of Copeland Franco.


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