BY SPEAKIN’ OUT NEWS
BIRMINGHAM, Ala. – Alabama birth centers are facing new uncertainty after the Alabama Supreme Court declined to hear a lawsuit challenging state regulations that advocates say could threaten access to midwifery care.
According to AL.com, the decision leaves in place a January ruling by the Alabama Court of Civil Appeals that classified birth centers as hospitals, meaning they can be licensed and regulated by the Alabama Department of Public Health. That ruling overturned an earlier Montgomery County circuit court decision that had temporarily blocked regulations challenged by birth centers and midwives.
The case involves Oasis Family Birthing Center in Birmingham, Alabama; the Birth Center in Huntsville; and other plaintiffs who sued the state health department in 2023. They argued the rules exceeded the department’s authority, were not evidence-based, and were so burdensome that they could make it difficult, if not impossible, for birth centers to operate.
The ACLU criticized the Supreme Court’s decision not to review the case, saying it allows what the organization called state overreach into pregnancy care decisions. The group said it will continue challenging specific restrictions in the licensing rules.
Supporters say birth centers provide safe care for low-risk pregnancies and are especially important in Alabama, where access to maternity care remains a serious concern. AL.com reported that more than one-third of Alabama counties are considered maternal care deserts, according to the March of Dimes. The report also noted that 28% of Alabama women do not have a birthing hospital within a 30-minute drive.
For families in Huntsville, Birmingham, and rural communities across the state, the legal fight now centers on whether birth centers can survive under the current regulatory structure.