A woman who was sentenced to 20 to 45 years in prison argued that incarcerating women during their childbearing years violates reproductive rights.
Why It Matters
Three out of four incarcerated women in the U.S. are of childbearing age, according to a 2021 bulletin by the National Partnership for Women and Families.
What To Know
Erica Harris told her story in a report published by the Prison Journalism Project. Harris was a 25-year-old mother of one when she was sentenced, and she will be at least 45 by the time she is released.
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“It was always a dream of mine to have a larger family, and to give my daughter a sibling. But I may never be able to fulfill that dream,” Harris wrote.
The National Institute on Aging says the average age of menopause is 52 in the U.S., and most women begin the menopausal transition between the ages of 45 and 55. The American College of Obstetrics and Gynecology states that getting pregnant naturally is “unlikely” once women reach the age of 45.
Harris explained that she would not be able to adopt a child after she is released due to Pennsylvania law. The law states that adoption applications cannot be approved if anyone in the home has been convicted of certain crimes.
Harris said options to preserve fertility, such as freezing eggs, are “essentially non-existent” in U.S. prisons. Her request for a conversation with the prison’s OB-GYN about fertility preservation was denied.
She said she received a note back that read, “We do not offer fertility treatments at this facility.”
In the U.K., inmates can apply for access to fertility preservation treatments, but most applicants are men, according to a 2022 panel discussion by the International IVF Initiative. Harris argued that other nations, including Spain and Australia, have approved and paid for fertility treatments for inmates.
“Incarcerated women should be able to benefit from science available to the outside community,” Harris said.
Are prisoners allowed to procreate?
In 2001, the Supreme Court ruled that male prisoners do not have a constitutional right to procreate by means of artificial insemination.
Do prisons provide condoms to inmates?
In 2014, California became the third state to offer condoms to inmates, joining Vermont and Mississippi.
What is IVF?
In vitro fertilization, also known as IVF, is a series of procedures used to help a woman become pregnant if they are suffering from infertility.
During IVF, mature eggs are collected from ovaries and fertilized by sperm in a lab. Then one or more of the fertilized eggs are placed in the uterus, where the baby or babies develop.
How many babies are born behind bars?
According to the National Partnership for Women and Families bulletin, 6-10 percent of women are pregnant when they become incarcerated.
What People Are Saying
Harris, in an article for Prison Journalism Project: “Detaining women during their child-bearing years results in a permanent loss of fertility, and a violation of our reproductive rights. This is a sexist form of punishment, as men are not subjected to the same limitations.”
What Happens Next
Harris urged the Pennsylvania Department of Corrections to offer some type of fertility treatment, “so that a woman’s right to create or grow a family can remain intact while she is behind bars.”
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