Two New Laws Could Transform Black Maternal Health in California, If We Get Implementation Right

Black women and birthing people deserve access to essential healthcare. With Gov. Gavin Newsom’s signature on two landmark bills, California has taken a powerful step toward that vision.

Aysha-Samon Stokes’ son Wyatt at home in downtown Los Angeles on April 28, 2021. Stokes opted for a home birth with a midwife due to fear of another C-section and fear of the high mortality rate in the hospitals among Black and brown women like herself. (Sarah Reingewirtz / MediaNews Group / Los Angeles Daily News via Getty Images)

In a state where Black women account for 21 percent of pregnancy-related deaths and just 5 percent of births, systemic racism continues to shape maternal outcomes. Despite past reforms, accountability has fallen short. Many hospitals ignore mandated anti-bias training or fail to submit reporting protocols, a recent report on California’s Dignity in Pregnancy and Childbirth Act found. This proves that passing laws is not the same as transforming care.

That is why the recent signing of AB 260, the Sexual and Reproductive Health Care Act, and AB 55, the Freedom to Birth Act, represents a watershed moment. Together, these laws reimagine reproductive health in California by centering the lived realities of Black women and birthing people.

Why the Freedom to Birth Act Matters

The Freedom to Birth Act (AB 55) makes it easier for midwives to obtain licensure and expands the ability of birth centers to serve families across California. For too long, unnecessary and costly requirements have forced many centers to close and kept midwives from providing culturally concordant, community-based care. Black and Indigenous birthing people, who are disproportionately failed by traditional hospital systems, stand to gain the most from expanded access to safe and affirming alternatives.

Assembly member Mia Bonta, who co-authored the bill, explained:

“Eliminating requirements that are only driving up prices for providers and are irrelevant to patient safety is a much-needed step to ensure our remaining birth centers can stay afloat and lay the groundwork for more facilities to open. This bill is particularly important for combatting the worsening maternal health trends under our current system that are disproportionately impacting Black and Indigenous pregnant patients and could be better addressed by accessible culturally concordant care.”