The term “Reproductive Justice” is sometimes used interchangeably with terms like reproductive freedom, but Reproductive Justice is actually a more specific framework than many people realize. The concept of Reproductive Justice was developed by a group of Black women activists in Chicago in 1994 – recognizing that mainstream reproductive freedom movements were not doing enough to advocate for the rights of marginalized people. This group – which today is formalized as the renowned organization Sister Song, saw a need for a movement by and for Black women, that since then has expanded to include Indigenous communities, people of color, and Trans and nonbinary people. At it’s core, Reproductive Justice affirms every person’s right to bodily autonomy – to have or not have children, and to raise children in safe and sustainable communities. But for people who are incarcerated – especially Black women and girls – these rights are routinely denied.
Carceral settings like prisons, jails, detention centers, and juvenile facilities are often built on punishment and control, not care. Within these spaces, reproductive health is treated as a privilege instead of a fundamental human need. These issues are real and are affecting people in our community – the state Attorney General’s office found after an investigation that three people died in custody of Onondaga County jails, here in our own Central New York region – including the newborn of a woman who was incarcerated. She was given no prenatal care and ignored for 30 hours after her water broke and she went into labor. She was not even transported to the hospital until after she gave birth and her newborn died hours later.
Understanding what reproductive justice looks like behind bars requires us to reckon with how mass incarceration, racism, and gender-based violence intersect – and what needs to be done about it.
The Disproportionate Impact of the Justice System on Black Women and Girls
Black women and girls are drastically overrepresented in the U.S. criminal legal system. While women make up a smaller proportion of the incarcerated population overall, the rate of incarceration for Black women is nearly twice that of white women. Black girls are also significantly more likely to be detained, arrested, and punished in schools and juvenile systems than their white peers – often for behavior that is criminalized through racial and gender bias rather than actual harm.
This over-policing does not exist in a vacuum. Black women are more likely to be criminalized for poverty, survival behaviors, substance use, and defending themselves against violence. Pregnant people in these circumstances may be jailed pretrial simply because they cannot afford bail, meaning they are incarcerated before being convicted of any crime – yet they are still subjected to the same harsh conditions.
Once inside, Black women face compounded discrimination at the intersection of race, gender, and incarceration status, creating unique and severe barriers to reproductive care.
Pregnancy and Birth in Carceral Settings
For pregnant people, incarceration can be especially dangerous. Many prisons and jails lack adequate prenatal care, trauma-informed providers, or basic accommodations for pregnancy. Reports of delayed medical attention, denial of proper nutrition, and unsafe living conditions are common. There is no federal standard for prenatal care, birthing conditions, or postpartum care in the United States.
One of the most disturbing practices in the U.S. carceral system is the shackling of pregnant people during transport, labor, and delivery. Although many states, New York included, have laws restricting this practice, enforcement is inconsistent and violations frequently go unpunished. Shackling not only causes pain and humiliation – it increases the risk of falls, complications during childbirth, and medical emergencies.
After giving birth, many incarcerated parents are separated from their newborns within days or even hours. Postpartum care, mental health support, and lactation assistance are often minimal or nonexistent, despite the high risk of postpartum depression and trauma, and the positive impacts prolonged contact with the birth parent has on newborn health.
The Added Danger of Being Black and Giving Birth in the U.S.
These harms are intensified by the broader reality that Black women already face significantly higher risks of complications and death during pregnancy and childbirth in the United States. Black women are several times more likely to die from pregnancy-related causes than white women, regardless of income or education level.
This disparity is driven largely by systemic racism in healthcare, including providers not listening to Black patients, minimizing their pain, or failing to intervene early. When Black women are incarcerated, they are placed in systems that exacerbate these biases rather than mitigate them. The result is a compounded risk: Black women facing one of the most dangerous maternal health environments in the industrialized world while being denied autonomy, advocacy, and continuity of care.
What Justice Actually Requires
Reproductive justice behind bars requires a fundamental shift in how we understand care, punishment, and human rights. It requires:
- An end to shackling and meaningful enforcement of anti-shackling laws
- Comprehensive prenatal, perinatal, and postpartum care equivalent to community standards
- Access to abortion, contraception, and fertility care without delay or retaliation
- Alternatives to incarceration for pregnant people and caregivers
- An end to the criminalization of pregnancy outcomes, including miscarriage and stillbirth
- Centering the leadership and lived experiences of formerly incarcerated Black women
Ultimately, reproductive justice means recognizing that incarceration itself is a reproductive health issue. As long as Black women and girls are disproportionately policed, punished, and confined, their reproductive lives – and their lives overall – will continue to be at risk.
So, what can you do right now?
Educate yourself and others about Black maternal mortality and disparities in the criminal justice system.
Support organizations working to address these issues like Sister Song, the Black Mamas Matter Alliance, Village Birth International, and local organizations like Sankofa Reproductive Health and Healing Center.
Advocate for the following bills with your Assemblymember.
- Assembly Bill A1670A [2025-2026 Legislative Session] Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation.
- Assembly Bill A1607A [2025-2026 Legislative Session] Relates to the provision of breast pumps to certain incarcerated birth parents and allowing children to remain with their incarcerated birth parent for a period of time
Use our Rep Finder tool here to identify your Assemblymember, and find out whether they sit on the Assembly Correction Law Committee, which is currently overseeing these bills.
If they are on the committee, call them and say :
“Hi, my name is [your name] and I live at [your address]. I’m calling to let Assemblymember [your representative] know that I strongly support two bills, numbers A1670A and A1607A currently in front of the Assembly Correction Law Committee, which I believe they are part of. The Black maternal disparities in our country concern me deeply. Since Black women are disproportionately impacted by the justice system, we must ensure that pregnant and birthing people are protected and cared for when they are incarcerated. I am asking them to advocate for the progress and eventual passage of these bills. Thank you!”
If they are not on the committee, call them and say:
“Hi, my name is [your name] and I live at [your address]. I’m calling to let Assemblymember [your representative] know that I strongly support two bills, numbers A1670A and A1607A, currently in front of the Assembly Correction Law Committee. I am urging Assemblymember [your representative] to let members of the Assembly Correction Law Committee know that you support these bills, to speak with Assembly leadership about these bills, and to commit to voting yes if these bills make it to the floor.
The Black maternal disparities in our country concern me deeply. Since Black women are disproportionately impacted by the justice system, we must ensure that pregnant and birthing people are protected and cared for when they are incarcerated. I am asking them to advocate for it’s progress and eventual passage. Thank you!”