GEORGIA — Sarah Stokely and two other certified nurse-midwives sued the state of Georgia on Thursday, alleging that the state's restrictive regulations violate the state constitution and hinder maternity care access. The plaintiffs alleged that Georgia's policies violate the state constitution and do not ensure patient safety.

Georgia requires all nurse-midwives to have formal, written agreements with physicians that describe when physicians must intervene in evaluating or treating patients. Midwives without nursing degrees are not allowed to practice in Georgia.

More than one-third of Georgia's counties are considered maternity care deserts, meaning they have no obstetric providers or birthing facilities, according to March of Dimes. Georgia's maternal mortality rate is 30 deaths per 100,000 births from complications during pregnancy or within six weeks afterward, according to March of Dimes.

"There are some places in the state where there's nowhere to give birth or access pregnancy care nearby. We have midwives, including our clients, who are ready and willing to fill that gap to serve those families, and the state is treating them like criminals," said Hillary Schneller, senior counsel at the Center for Reproductive Rights.

Stokely, one of the plaintiffs, travels 4.5 hours from Rome, Georgia, to Blountville, Tennessee, twice a month to work for a week at a birth center.

The Georgia lawsuit follows similar legal challenges in other states. In January, the American College of Nurse-Midwives sued the medical licensure board of Mississippi, where midwives are required to have collaborative agreements with physicians to practice. "The rule is a major barrier to closing Mississippi's gaps in prenatal and postpartum care," said the American College of Nurse-Midwives. In a court filing, the state of Mississippi disputed that assertion and said, "The regulations speak for themselves."

Since 2023, a lawsuit in Alabama has challenged a regulation requiring birth centers to be licensed as hospitals. The regulation requiring birth centers in Alabama to be licensed as hospitals is not being enforced while the lawsuit is ongoing.