Prisons Regulations · 2002 Revised Edition · Part 3 · Custody of Prisoners
36. Child born during imprisonment
Feedback & supportLast amended by an amending law of 2026.
The Commissioner may allow a child born to a female prisoner during her imprisonment to stay with the female prisoner in the prison if the Commissioner considers this to be in the child’s best interests, having regard to the female prisoner’s fitness to care for the child.
If the Commissioner does not allow a child to stay with a female prisoner in the prison under paragraph (1), the child must be placed under alternative care outside of prison as soon as practicable.
The Superintendent of a prison must ensure that a child who is allowed to stay with a female prisoner in the prison under paragraph (1) is provided with basic necessities, adequate nutrition and healthcare.
The female prisoner is responsible for the safety and care of the child while the child stays with her.
Subregulation 1
The Commissioner may allow a child born to a female prisoner during her imprisonment to stay with the female prisoner in the prison if the Commissioner considers this to be in the child’s best interests, having regard to the female prisoner’s fitness to care for the child.
Subregulation 2
If the Commissioner does not allow a child to stay with a female prisoner in the prison under paragraph (1), the child must be placed under alternative care outside of prison as soon as practicable.
Subregulation 3
The Superintendent of a prison must ensure that a child who is allowed to stay with a female prisoner in the prison under paragraph (1) is provided with basic necessities, adequate nutrition and healthcare.
Subregulation 4
The female prisoner is responsible for the safety and care of the child while the child stays with her.