Major investigations into National Health Service (NHS) maternity failings have ignited controversy due to their use of terms such as ‘birthing people’ and ‘birthing population’ instead of solely referring to ‘women’.

Campaigners argue that only women can become pregnant and give birth, and that employing what they describe as ‘unscientific jargon’ adds to the distress of families affected by care scandals. Critics suggest this language has been incorporated to appease the transgender lobby, demonstrating a perceived disregard for mothers who have experienced harm.

The National Maternity and Neonatal Investigation, chaired by Baroness Valerie Amos, concluded that maternity units are ‘not fit for purpose,’ citing issues with hospital conditions that lead to mothers receiving unsafe and undignified care. The report noted that despite years of reviews and recommendations, the NHS continues to cause harm, overlook women's experiences, and conceal errors.

However, the report's use of ‘birthing people’ has been highlighted as ironic, given its focus on medical misogyny and the repeated failure to heed women's voices. In its defense, the report explains its use of ‘an additive approach to language,’ stating it aims to center the experiences of women and mothers while acknowledging that not all individuals who are pregnant, give birth, or use maternity services identify as women.

This linguistic approach mirrors that of a separate inquiry into Nottingham University Hospitals NHS Trust, led by senior midwife Donna Ockenden. That report, which found over 500 mothers and babies suffered avoidable harm or died due to systemic failures, also utilized the phrases ‘birthing population’ and ‘birthing people.’

Fiona McAnena, director of campaigns at the sex-based rights charity Sex Matters, called the use of ‘birthing people’ in the Amos investigation a disgrace. She stated that while mothers and fathers feel the pain of loss, only women can conceive and give birth, and that pretending otherwise is a disservice to women harmed by NHS failures. McAnena asserted that the priority should be the care of pregnant women and their babies, not accommodating what she termed ‘transactivists’ with ‘unscientific jargon.’

Independent MP Rosie Duffield also expressed frustration, calling the repeated addition of ‘birthing people’ after ‘women’ in the report unnecessary. She noted that a small number of individuals who are biologically female and capable of pregnancy identify differently.

Families affected by maternity failings have questioned the independence of Lady Amos’s report and are renewing calls for a statutory public inquiry. The Maternity Safety Alliance has raised concerns about the proposed role of a new national maternity commissioner and the adequacy of scrutiny applied to regulators like the Care Quality Commission and General Medical Council.

Separately, Dr. Bill Kirkup, who chaired inquiries into maternity scandals at Morecambe Bay and East Kent, resigned from Lady Amos’s review. His departure reportedly stemmed from a disagreement over ‘normal birth ideology,’ a concept where women may feel pressured into vaginal births even when requesting a Cesarean section. Lady Amos's review stated it did not find ‘normal birth ideology’ to be widespread in the maternity services visited in England.

Donna Ockenden, reflecting on the Amos report, commented that it did not present new information and expressed reservations about accepting the role of national maternity commissioner if offered, citing concerns about potential failure due to insufficient time or effort from others.

Health secretary James Murray acknowledged the severity of maternity failures within the NHS, describing them as occurring ‘on a scale that shames our society.’ Wes Streeting, the former health secretary, urged the government to implement the Hillsborough Law before summer to improve NHS maternity services, arguing that cultural change requires accountability and robust duty of candour rules to counter the NHS's ‘cover-up culture.’