By Lauren Kuhli and Carolyn Sufrin

The majority of people incarcerated in U.S. women’s jails and prisons are younger than 45; most of them are parents, and some will be pregnant behind bars. The ways that institutions of incarceration manage their reproductive bodies rely on overlapping legal, cultural, social, historical, and racialized foundations that allow reproductive oppressions to flourish behind bars. Yet, as we argue in this article, these dynamics of incarcerated reproduction manifest far beyond prison and jail walls, through criminalizing and restrictive discourses that devalue the reproductive wellbeing of marginalized people. We analyze the legal, clinical, and socio-political dimensions of carceral control of reproduction and reproductive health care in U.S. prisons and jails, including abortion access, prenatal and postpartum care, childbirth, and parenting. We describe violations of constitutional and clinical standards of reproductive care behind bars, showing how these reproductive coercions are grounded in historical legacies of slavery and the ongoing reproductive control of black and other marginalized bodies. This article makes the case that understanding reproduction behind bars and its legacies of racialized reproductive oppressions reveals the carceral dynamics of reproduction that are foundational to U.S. society.

Harvard Law Review, v. 14, 2020, 50p.