License To Deliver: Some Midwives Break The Law To Assist With Home Births

Key TakeawaysIn seven states, delivering babies can get non-nurse midwives into legal trouble But demand for their services is on the rise, as the number of intended home births climbsAdvocates of midwifery say licenses would make home births safer.FRIDAY, May 15, 2026 (HealthDay News) — In a midwife’s suburban Atlanta home with a playground and chicken coop outside, Madie Collins lay on an examination table while the midwife measured her pregnant belly. Unlike at many a doctor’s office, no crinkly paper sheet covered the table and no antiseptic chill lingered in the air. The room next door, where Collins’ appointment began, was filled with children’s toys and scented candles and warmed by a wood-burning stove.The certified professional midwife pressed the button on a handheld Doppler ultrasound machine she placed on Collins’ belly. “That’s her heartbeat,” she said to Collins’ 3-year-old daughter, who sat beside her mom as a whooshing sound filled the room. “I think Mommy’s baby’s right here.”The midwife is not licensed as a nurse. In Georgia, that makes what she’s doing illegal. KFF Health News agreed not to identify her by name.Georgia is one of seven states where delivering babies can earn non-nurse midwives, at minimum, a cease-and-desist letter requiring them to end their careers. In North Carolina, it’s a misdemeanor. In New York, it’s a felony.Meanwhile, demand for their services is increasing. Intended home births rose by 42% nationally from 2020 to 2024, according to the National Center for Health Statistics, and those births are often overseen by certified professional midwives. In Georgia, they rose by 72%. Midwives who assist with home births typically see clients from prenatal appointments through several visits after childbirth, providing more postpartum checkups than most new mothers receive.Home births make up 1.5% of deliveries nationwide. In the eight states where they were most common in 2024 — Hawaii, Idaho, Montana, Pennsylvania, Utah, Vermont, Wisconsin and Wyoming— they made up 3% to 5% of births.As that number rises, midwifery advocates said, regulating the practice with licenses would allow home births to be safer. Free birth — without the help of a skilled professional before or after labor — can be dangerous for mothers and babies.“People are going to keep having their babies at home, and they deserve a trained provider,” said Missi Burgess, president of the Georgia chapter of the National Association of Certified Professional Midwives.For decades, professional midwives have been advocating for laws to legalize and regulate their profession. More lawmakers have supported those efforts in the past 15 years, with 36 states and Washington, D.C., allowing them to get licensed to deliver babies. Last year, a wave of state lawmakers — in Georgia, Mississippi, Nebraska, New York, North Carolina, Ohio and West Virginia — tried to add their states to the list, although none of their bills has become law.Certified professional midwives deliver babies in homes or birth centers. Rather than attend nursing school — which many can’t afford — they earn a nationally recognized certificate by attending at least 55 births and demonstrating their knowledge. Nurse-midwives more often deliver babies in hospitals or clinics than in patients’ homes.Some hospitals and doctors oppose midwife licensing proposals without certain guardrails. The American College of Obstetricians & Gynecologists cites studies showing that infants are twice as likely to die during planned births at home or in birth centers as in hospitals, while acknowledging that the data remains limited. It doesn’t account for several factors, including who assisted in the birth.Still, prominent stories of home births with midwives gone wrong contribute to the skepticism around licensing laws. In 2023, The Washington Post published an investigation of a licensed midwife who pleaded guilty to felonies in Virginia after an infant death and assisted with home births in Maryland in which two more babies died.In Mississippi, a bill that would have regulated and licensed professional midwives died after a state senator blocked a vote in the committee he chaired. State Sen. Hob Bryan, a Democrat, told Mississippi Today he didn’t “wish to encourage that activity.”But midwives said they have a sympathetic ear now in the Trump administration, with its Make America Healthy Again movement. Cassaundra Jah, executive director of the National Association of Certified Professional Midwives, said she has been on calls with midwifery groups pushing for the U.S. Department of Health and Human Services (HHS) to provide legal protections for them, and some midwives have been in contact with the agency.HHS spokesperson Emily Hilliard declined to comment on policy proposals but told KFF Health News that the administration “regularly meets with a wide range of stakeholders to hear input from the American public.”Hospitals Want GuardrailsAdvocates for the license say allowing certified professional midwives to provide care would help address a shortage of maternity care providers.“Some midwives are leaving our state,” Republican State Rep. Karen Mathiak, a chiropractor who sponsored the Georgia bill, said during a hearing on the measure last year. “They’re being forced to quit. And now we have a shortage of these providers to take care of our pregnant moms.”A 2024 report by the March of Dimes found that 35% of counties in the U.S. have no birthing facility or obstetric provider. Georgia has the 13th-highest maternal mortality rate in the nation, according to the March of Dimes.After the U.S. Supreme Court’s reversal of Roe v. Wade in 2022 eliminated federal protection for abortion, six-week abortion bans prompted more providers to leave states such as Georgia and Texas. Idaho lost a third of its OB-GYNs by December 2024, two years after its abortion ban took effect. Doctors who left states with such laws cited fear of prosecution and an inability to provide the standard of care.Of the 13 states with the fewest maternity care providers per capita, nine had a full or six-week abortion ban as of 2024, The Commonwealth Fund found.Licensing midwives won’t solve the larger maternity care shortage, but it’s a first step, said Saraswathi Vedam, a professor of midwifery and the principal investigator at the Birth Place Lab at the University of British Columbia. Certified professional midwives currently attend about 1.4% of births in the U.S., according to federal data.The Georgia bill would have granted certified professional midwives licenses through a state board, allowed them to administer lifesaving medications and required their services to be covered by private insurance and Medicaid. They would not have needed a physician to supervise them. Without that mandate, giving birth outside of a hospital could be an option for more people.But the Georgia Department of Public Health and the Georgia Hospital Association opposed the licensing bill, primarily because they wanted more regulations than the midwives were willing to accept — including physician supervision.Anna Adams, a spokesperson for the hospital association, suggested establishing transfer agreements that required all women planning to have a home birth to register at the hospital first. When a laboring woman is transferred to a hospital, which happens in about 11% of planned home births, “we have no prior knowledge of this patient,” Adams said. “It’s a tricky situation to inherit when you’re trying to save the mother and the baby without any background.”Georgia midwives said they planned to bring the licensing proposal back next year.In early April, three midwives sued Georgia for restricting their ability to practice, arguing that the rules violate the state constitution.“Every pregnant person should be able to choose where they give birth and with whom,” said Jamarah Amani, a plaintiff in the lawsuit and co-founder of the National Black Midwives Alliance.Black women are three times as likely to die during or after childbirth as white pregnant patients. In January, a prominent Black nurse-midwife in South Carolina died after unexpected complications from childbirth.Today, midwives and their clients are predominantly white, but the home birth rate among Black women rose 42% nationally from 2019 to 2024, according to the U.S. Centers for Disease Control and Prevention (CDC).“Ultimately the system has failed us as a people,” said Tina Braimah, a Black nurse-midwife who attended home births for a decade. She then opened a birth center in North Carolina, allowing her to see more clients from a variety of backgrounds. “When the system consistently fails you, you look for other options.”Becoming Part of the SystemMany maternal health researchers say mothers fare better when midwives are a key part of the health system. In 2018, researchers at the Birth Place Lab published a study of all 50 states showing that integrating midwives was associated with better outcomes for moms and babies, including lower rates of infant deaths. Integration involves collaboration among all kinds of midwives and doctors so that patients can easily transfer to or from a hospital. It also involves giving all midwives the authority to practice the full range of their skills, including prescribing lifesaving medication.A 2020 report by the National Academies of Sciences, Engineering and Medicine states that data from other countries suggests home births can be as safe as hospital births for low-risk women who are part of an integrated, regulated system.Washington state has one of the highest rates of midwife integration in the U.S., according to the Birth Place Lab. Its home birth rate is consistently higher than the national rate, while its infant mortality rate remains lower than the national average.One in 5 women report being mistreated during maternity care, according to a 2023 CDC survey. Pregnant patients tend to be more satisfied when midwives lead their care, whether at a hospital, a birth center or home.Hannah Haynes gave birth to her first three children in a hospital near her home in Jefferson, Georgia. During the third labor, which was induced, she received a catheter that led to a urinary tract infection and then sepsis, a life-threatening condition. She was separated from her newborn for four days while receiving treatment.“Something has to change,” Haynes said.Haynes regrets electing to get induced when it wasn’t medically necessary. She gave birth to her fourth child at home, with the help of a certified professional midwife she trusted. She’s pregnant with her fifth and plans to use the same midwife. She said she won’t deliver at a hospital again.“I was a little nervous,” Haynes said, because she had heard rumors that midwives didn’t know what they were doing. But after meeting the midwife, “I just felt so confident in her.”More informationThe American College of Nurse-Midwives has more about midwives across the U.S.About KFF Health NewsKFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF — the independent source for health policy research, polling and journalism. .What This Means For YouA push to license midwives could pave the way for safer home births..Sign up for our weekly HealthDay newsletter

License To Deliver: Some Midwives Break The Law To Assist With Home Births

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