In the United States, the number of incarcerated women who give birth remains largely unknown. Organizations like the ACLU estimate that around 4% of the over 200,000 women entering U.S. jails and prisons each year are pregnant. Amy Fettig, deputy director of the ACLU’s National Prison Project, indicates that “thousands” of these women ultimately give birth. Furthermore, a 2010 report from the American Journal of Nursing suggests that 6% of jailed women are expecting.
Carolyn Sufrin, author of Jailcare: Finding the Safety Net for Women Behind Bars, highlights the lack of comprehensive data on this issue. “The only information we have comes from a 1997 survey by the American Correctional Association, which reported 1,400 births across 47 states,” she states. “We are missing vital statistics on miscarriages, abortions, and stillbirths for incarcerated women.” This lack of data is alarming, especially in such a heavily regulated system.
Incredibly, many states still permit the practice of shackling women during childbirth. The American College of Obstetricians and Gynecologists defines shackling as using physical restraints, such as handcuffs and belly chains, to restrict a prisoner’s movement. Numerous organizations, including Amnesty International and the ACLU, oppose this practice. North Carolina recently banned it, but eight states—Utah, Kansas, Nebraska, South Carolina, Indiana, Maryland, Georgia, and Maine—have no laws governing shackling at all. While 20 states prohibit it during actual childbirth, they often lack regulations for transport or postpartum recovery. Unfortunately, medical professionals generally lack the authority to remove these restraints, and these regulations may not apply to juvenile detainees.
Even where bans exist, violations occur frequently. A 2015 survey by the Correctional Association of New York revealed that 23 out of 27 women interviewed reported giving birth while shackled, despite a ban in effect since 2009.
Consider Your Own Childbirth Experience
Recall the freedom of movement: how you adjusted your position, how someone supported you, and how you controlled your body as you labored. Women who are shackled do not have the luxury of that experience. Tina Thompson, for example, gave birth in New York in 2011—two years after the state banned shackling—but was restrained in the ambulance to the hospital. Her only companion during delivery was a guard, as she was prohibited from contacting her mother.
Similarly, Sarah Martinez, bound with wrist and ankle restraints, described her experience: “I was handcuffed to the hospital bed, making it impossible to move. I couldn’t lift myself to push effectively, and I had no one to support me. They kept my handcuffs on even while I held my newborn.” Melissa Johnson’s experience in Wisconsin, where there were no anti-shackling laws, involved severe discomfort due to restraints that left her unable to change positions or even go to the bathroom without assistance.
These practices not only lack compassion but also pose serious medical risks. Shackling can prevent a woman from breaking her fall, risking fetal harm. During labor, being restrained can heighten pain and obstruct natural childbirth efforts. Postpartum, shackled women face increased risks for blood clots due to restricted movement. In emergencies, medical staff must wait for guards to remove restraints before they can provide critical care, sometimes leading to dire consequences.
Some corrections officers defend shackling as a necessary precaution. A spokeswoman for the Arkansas Department of Corrections stated in 2006, “Though these are pregnant women, they are still convicted felons and can be violent.” Other officials cite concerns about women faking labor to escape. However, any woman who has given birth understands that the intensity of labor renders escape nearly impossible. Dr. Carolyn Sufrin, who represents the American College of Obstetricians and Gynecologists, emphasizes the degrading and demoralizing nature of shackling, particularly during such a vulnerable time.
The Need for Change
It is imperative that we eliminate this practice across the country. No woman should have to give birth in chains, and no child should enter the world while their mother is restrained. For further insights on the subject of pregnancy and home insemination, check out this informative resource on intrauterine insemination at NHS, or explore more about home insemination kits at BabyMaker. For those interested in alternative methods, you can learn more about intracervical insemination here.
Summary
The shackling of women during childbirth in U.S. prisons remains a troubling issue, with many states lacking regulations to protect incarcerated mothers. Despite some bans, violations are common, and the medical risks associated with shackling are significant. It is crucial to end this inhumane practice and ensure that all women have the right to a dignified and safe childbirth experience.