Shackling During Childbirth in Australia: A Last Resort or Routine 2026

Shackling during childbirth in Australia is supposed to be a last resort, yet evidence suggests it remains a widespread practice. Despite laws in several states and territories that restrict the use of restraints on pregnant prisoners, many women report being handcuffed or shackled while giving birth.

"She was pregnant with twins," Tahlia Isaac says. "She was meant to be released in 10 days, but she went into labour early." Isaac says officers handcuffed her fellow prisoner in the back of a van and took her away. In her submission to a federal inquiry into shackling during childbirth, she says many women who have experienced it "still think about the time they gave birth to their child cuffed to the bed, years later".

The Push to End Shackling During Childbirth

Lidia Thorpe, the Gunnai, Gunditjmara and Djab Wurrung woman and independent senator for Victoria, has introduced a private member's bill to prohibit shackling during childbirth. "No one giving birth is at risk of running away," Thorpe said in her second reading of the bill. "Anyone who has given birth would agree that to be shackled whilst giving birth would be an incredibly violent and terrifying act."

Thorpe's bill seeks to create a uniform national standard that bans the practice, overriding the current patchwork of state and territory laws. Critics argue that these laws, which state shackling should only be used as a "last resort" or when "absolutely necessary", are not being followed.

The Reality of Shackling in Australian Hospitals

Despite the legal protections, anecdotal evidence and submissions to the federal inquiry reveal that shackling is still occurring. Thorpe described instances where "people are cuffed to their hospital bed by an arm and a leg in the delivery room, their legs shackled together by a chain."

The psychological impact on women is profound. Isaac, founder of Project:herSELF, a not-for-profit supporting formerly incarcerated women, says many women "weep when they describe wanting to cradle their newborn child but only had one available hand to do so."

State-by-State Laws on Shackling During Childbirth

Key Takeaways

• Shackling during childbirth is legally a last resort but reports indicate it is still used routinely.
• Senator Lidia Thorpe has introduced a bill to ban the practice nationwide.
• Women describe the experience as traumatic and dehumanizing.
• Current state laws are inconsistent and often not enforced.
• Advocates call for a federal ban and better training for correctional officers.

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