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Oasis Family Birthing Center et. al. v. Alabama Department of Public Health

Location: Alabama
Status: Ongoing
Last Update: May 2, 2025

What's at Stake

A group of midwives and doctors filed a lawsuit in state court challenging actions by the Alabama Department of Public Health (ADPH), which imposed a de facto ban on freestanding birth centers throughout Alabama. Birth centers provide midwifery care to low-risk pregnant patients, a model of care that is proven to be safe and beneficial to patients. Despite that, ADPH took actions that forced one center to abruptly shut down in 2023 despite a perfect safety record, and then passed onerous regulations that would require birth centers to meet hospital-like standards, preventing birth centers from operating in the state. After hearing oral argument in late September 2023, the Circuit Court of Montgomery County granted our request for a Preliminary Injunction on September 30, 2023, preventing ADPH from refusing to timely license freestanding birth centers that comply with nationally-recognized safety standards for birth centers while litigation continues.

In May 2025, the Fifteenth Judicial Circuit Court permanently blocking the Alabama Department of Public Health (ADPH) from regulating freestanding birth centers like hospitals and imposing onerous licensing rules that would have made it effectively impossible for these centers to provide evidence-based midwifery care in the state. The ruling ensures that plaintiffs Oasis Family Birthing Center in Birmingham and Alabama Birth Center in Huntsville, which have been safely operating for the past year, may continue providing midwifery care to pregnant Alabamians.

The lawsuit came after ADPH created significant, unjustified barriers to the operation of birth centers that provide midwife-led care by asserting that all such birth centers require a hospital license, even though they exclusively provide midwifery care to low-risk patients using a model of care that is safely provided in out-of-hospital settings across the country. ADPHs onerous, hospital-like regulations for birth centers are clinically unnecessary and would make it extremely difficult, if not impossible, for them to operate at all.
The lawsuit brought several statutory and constitutional claims against ADPH, including:
ADPH lacks the authority to require birth centers to obtain a hospital license because midwife-led birth centers do not constitute hospitals under Alabama law.
Even if ADPH has licensing authority, its unreasonably burdensome and unnecessary regulations violate Alabama law and the constitutional rights of midwives, pregnant patients, and individuals who own and operate birth centers.
ADPHs unlawful actions exacerbated an already severe crisis for pregnant Alabamians or those seeking to become pregnant. The state has the third highest maternal mortality rate in the nation, with Black women making up a disproportionate share of maternal deaths. Alabama also has the sixth highest infant mortality rate in the nation, with Black infants making up a disproportionate number of these deaths. One factor playing into this concerning trend is the growing number of maternal health deserts in the state. More than two-thirds or 43 out of 64 counties in Alabama have little to no access to maternity care. To address this disparity, midwives and providers are working to open birth centers to provide safe and welcoming environments for low-risk patients to access much-needed prenatal care and birthing services, especially for those who have decided that giving birth at home or in a hospital is not the right place for them to deliver, or impossible due to the lack of maternal care available in their area.
The lawsuit, Oasis Family Birthing Center et. al. v. Alabama Department of Public Health, was filed in the Fifteenth Judicial Circuit Court in Montgomery by the 勛圖眻畦, the 勛圖眻畦 of Alabama, and Bobby Segall of Copeland Franco on behalf of 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.

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