Pregnancy Related Health Care In Prison or Jail
Know Your Rights
FACT: If you are pregnant, being in prison or jail does not mean you lose your right to decide whether to continue your pregnancy or have an abortion. Your constitutional rights are being violated if:
1. You are told that you must have an abortion that you do not want.
2. You are told that you are not allowed to have an abortion that you do want.
3. You are denied or delayed prenatal care or other medical care for your pregnancy.
4. You are forced to pay before you can get the medical care you need.
FACT: If you are told that you must seek a court order in order to get an abortion, you should contact the ACLU or the RRFP at the contact information below. If you are not getting the medical care you need, you should:
1. Ask yourself if it is just one particular nurse or guard who’s giving you a hard time. If it is, then ask other medical staff or officials to help you.
2. Document everything that happens. Put your request for an abortion or other medical care in writing and keep a copy. Also, keep a list of the people you’ve spoken to or contacted. Be sure to write down what they’ve told you and the dates and times you’ve spoken to them.
3. In addition to your request for medical care, you should also file a grievance (an official complaint). If your grievance is denied or rejected, you must file an appeal. It is very important that you file all appeals that are allowed in your jail or prison’s grievance system. It is also very important that you follow all the rules and deadlines of the grievance system. These rules and deadlines are usually written in the inmate handbook. If officials will not give you the grievance forms you need, will not let you file or appeal a grievance, or are interfering with your use of the grievance system in any way, you should immediately contact the ACLU or the RRFP at the contact information below. If you are still told that you must have an abortion even though you don’t want to, or you are unable to get an abortion or the prenatal care you want, you should contact the ACLU or the RRFP at the contact information below.
Whether you decide to continue the pregnancy or have an abortion, it is important to act quickly. Early prenatal care is very important for you to have a healthy pregnancy and a healthy baby. If you decide to have an abortion, it is also important to act quickly. While abortions are extremely safe, the costs and risks increase with time. The longer you wait, the harder it may be to find a doctor able to provide the service.
Contact: American Civil Liberties Union of Virginia
Patricia M. Arnold Women’s Rights Project
530 East Main Street, Suite 310
Richmond, VA 23219
Tel.: (804) 644-8080 E-mail: kgreenier@acluva.org
Contact: Richmond Reproductive Freedom Project
P.O. Box 7389
Richmond, Va. 23221
Tel: (888) 847-1593 E-mail: rrfpva@nnaf.org
The Use of Shackles or Restraints on Pregnant Inmates
Know Your Rights
You have a right to be free of unsafe shackles or restraints while pregnant and incarcerated.
Shackling pregnant women is dangerous and inhumane. Restraining a pregnant woman can pose health risks to the woman and her pregnancy. It is cruel and unusual punishment to shackle a pregnant woman during labor, delivery, and recovery immediately after childbirth.
Courts have held that shackling women during labor, childbirth, and postpartum recovery violates their constitutional rights.
The American Civil Liberties Union of Virginia (ACLU-VA) is a private civil rights and civil liberties organization that is gathering information about the treatment of pregnant women who are incarcerated. The ACLU is not related to the DOC or Commonwealth of Virginia. We are not a government agency.
Please help us in this important effort to learn more about the experiences of incarcerated pregnant women.
Please write to us at the address below if you have experienced the use of restraints, or not received necessary medical care, while pregnant and incarcerated.
American Civil Liberties Union of Virginia
Patricia M. Arnold Women’s Rights Project
530 East Main Street, Suite 310
Richmond, VA 23219
804-644-8080