Are female inmates able to keep their babies in jail in New York State? Many women look forward to motherhood, but is it legal to be a hands-on mom while incarcerated?. An unfortunate side effect of crime is the consequences on the children. Many mothers who are in jail or prison end up abandoning the day-to-day care of their kids who end up being raised by family members or enter the state system. Some women are arrested and detained before they give birth. In New York State, the law says that women who end up giving birth while in custody must not be restrained during childbirth or after giving birth. That’s not the only exception made for new mothers in jail.