Women who are pregnant and in prison often miss out on important prenatal care. They face increased risks of infection and complications in these unsanitary facilities. Sometimes, they even end up giving birth behind bars when corrections officers ignore or dismiss their obvious signs of labor.
Advocates with the Southern Poverty Law Center’s Alabama state office are working on behalf of pregnant incarcerated people to ensure that they get the support and care they need.
The SPLC is also supporting an Alabama bill called the Women’s CARE Act (WCA), which would allow women who are pregnant to delay the start of their incarceration for 12 weeks after giving birth. It would also provide women with medical screening within three days of their incarceration when they suspect that they might be pregnant, allow women to report the loss of pregnancy to a probation officer, and allow women to get released on bail when they receive a positive pregnancy test, among other measures.
“When the state takes custody of a pregnant person, it assumes responsibility for the conditions that affect that pregnancy,” said Kaila Pouncy, deputy director of RestoreHER US.America, a Georgia-based organization whose mission is to empower women of color who are involved in the criminal legal system.
Pouncy, who is leading the charge for the WCA in Alabama, encourages residents to contact their elected officials and persuade them to pass the bill.
“If facilities are unsafe or lack adequate medical care, expecting safe and dignified birth outcomes is unrealistic,” Pouncy said. “This concern is especially acute in rural areas, where even community hospitals face staffing shortages and limited obstetric services. The WCA makes clear that custody does not relieve the state of responsibility. It heightens it.”
Pouncy also said that national maternal health reporting systems don’t track incarceration status. Pregnancies and deaths that occur in jails or prisons are largely invisible in official maternal mortality data. This means that pregnancy-related deaths of women in custody are routinely excluded from analysis.
In Alabama, which already has one of the highest maternal mortality rates in the nation and where women of color are disproportionately impacted, this blind spot is doubly tragic. It hides the experiences of pregnant women in prison and limits meaningful accountability.
The SPLC’s Alabama state office supports Pouncy’s mobilization efforts around the WCA. We are committed to supporting impacted Alabamians and the future of equitable health care for incarcerated people.
The SPLC has also been involved in the pregnancy legal space, litigating on behalf of pregnant women who need proper health care.
“Our prisons and jails are not equipped to accommodate the medical needs of pregnant women,” said Rebecca Ramaswamy, a senior attorney with the SPLC’s Criminal Legal System Reform litigation team.
We encourage you to call your statewide elected officials and show support for the WCA.
Makhayla DesRosiers is a senior state community organizer with the SPLC’s Alabama state office.
Image at top: The Southern Poverty Law Center is supporting an Alabama bill called the Women’s CARE Act, which would allow women who are pregnant to delay the start of their incarceration for 12 weeks after giving birth. (Credit: monkeybusinessimages/iStock)