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Breastfeeding & the Law

A Current Summary of Breastfeeding Legislation in the U.S.

A Look at Enacting Breastfeeding Legislation

Breastfeeding Legislation in the United States

Breastfeeding Legislation in Italy

The Breastfeeding Relationship and Visitation Plans

Is Breastfeeding Really a Visitation Issue?

Breastfeeding and Divorce

In the Best Interest of Breastfed Babies

Extended Breastfeeding and the Law

Extended Breastfeeding and the Law (2)

Working It Out:  Breastfeeding at Work

You Can't Call Me for Jury Duty--I'm Breastfeeding!

So I Nursed Him Every 45 Minutes

A Current Summary of Breastfeeding Legislation in the U.S.
By Elizabeth N. Baldwin, Esq., and Kenneth A. Friedman, Esq.

BREASTFEEDING IN PUBLIC

Mothers have a right to breastfeed where they go with their baby, even if that is out in public. It does not matter whether the mother goes to a public or a private place, or even whether they are in a state with legislation. No one has the right to tell a mother how to feed her baby, especially a way that increases the risk of illness to both mother and baby! Legislation has been enacted in nearly one-half of the states in the U.S. because they want to clarify this right, and in some cases, provide a remedy for mothers told to stop breastfeeding. It is hoped that legislation will help to change society's attitudes that breastfeeding is something indecent and should not be done in public. Underlying this, is the goal to increase the rates and duration of breastfeeding recognizing that this is an important health choice that must be encouraged.

Babies need to be breastfed on demand, and mothers should not feel pressured to use bottles. According to the American Academy of Pediatrics, babies do not need to have bottles or pacifiers, and even if a mother wants to use these, they are contraindicated until breastfeeding is well established. Early introduction of bottles or pacifiers can put the breastfeeding relationship at risk, as the baby can develop nipple or bottle confusion, often resulting in the baby not being able to correctly nurse. If this happens, the baby may wean, or have such serious difficulties that the mother may need to seek professional help. Would we want even one mother or baby to have an increased risk of illness just because someone doesn't want to see it? Also, using bottles takes away from the convenience of breastfeeding, as the breast it is always ready and available, at the perfect temperature, with no preparation needed. No breastfeeding mother should be told that she should have to use bottles, anymore than a bottle feeding mother should be told that she should be breastfeeding. Breastfeeding is an act of nurture, not something to be hidden. Mothers should be allowed to choose for themselves how they want to feed their baby, and our society should not discourage their choice, especially when it is one that benefits all of us.

It is important to remember that women have a right to breastfeed in public whether there is a law or not. The purpose of legislation is NOT to legalize it, but to clarify the fact the fact that women have the right to breastfeed in public, or that it is not a criminal offense, such as indecent exposure. Thus, if you are in a state that does not have legislation, you still have the right to feed your baby where you go. Breastfeeding legislation often exempts breastfeeding from any criminal statutes, such as amending an indecent exposure or nudity law. More progressive legislation creates a new law that sets forth a woman's right to breastfeed. Some of the laws provide mothers with legal recourse if they are told to stop breastfeeding, such as New York, which has the strongest law in the nation, where a right to breastfeed as one of a person's civil rights was created.

Not only have states enacted legislation, but various cities and counties have amended ordinances, or enacted laws that protect breastfeeding. One of the most notable is the City of Philadelphia, which submitted an ordinance in 1996 that not only prohibited discriminating against breastfeeding mothers, but also prohibited segregating breastfeeding mothers. In response to other states considering allowing establishments to tell mothers where they can breastfeed, they enacted this law to make it clear that such acts are segregation. In 1999, a federal law was enacted that ensures a woman's right to breastfeed her child anywhere on federal property that she has a right to be with her child. As the legal system continues to recognize and encourage breastfeeding, a message is sent to the public at large that breastfeeding is an important issue; one that has an impact on our lives and the futures of our children. But society's views and taboos are not easily changed. Legislation that recognizes the importance of breastfeeding is just one step toward helping our society become more supportive of breastfeeding.




Last edited Wednesday, December 5, 2001 4:59 PM by CRT.



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