We will approach the case of Magdalena, a woman of reproductive age, who will be deprived of liberty, and after her arrest, she will end the relationship with her sentimental partner, with whom she had planned a family, however, after being taken to prison, her desire of becoming a mother, will remain latent, leading her to request guarantees from the State, regarding access to assisted reproduction techniques in order to achieve her desire to form a family. The above, will raise different questions regarding the possibility of granting or denying the request, taking into account the fact that once the woman completes her sentence, she will be immersed in negative possibilities of being pregnant at an age older than 40 years.