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

SUMMARY OF ENACTED BREASTFEEDING LEGISLATION

MAINE

Maine is one of a handful of states that require courts to consider breastfeeding of a baby under one year of age in deciding parental responsibility issues in divorce and separation cases. Maine also enacted a law that clarifies women have a right to breastfeed in public where they have a right to be.

19 M.R.S. § 1653(P)
1999 Me. ALS 702; 1999 Me. Laws 702; 1999 Me. Ch. 702; 1999 Me. SP 888

3. BEST INTEREST OF CHILD. The court, in making an award of parental rights and responsibilities with respect to a child, shall apply the standard of the best interest of the child. In making decisions regarding the child's residence and parent-child contact, the court shall consider as primary the safety and well-being of the child. In applying this standard, the court shall consider the following factors:

P. If the child is under one year of age, whether the child is being breast-fed.

5 M.R.S. § 4634,
2001 Me. ALS 206; 2001 Me. Laws 206; 2001 Me. Ch. 206; 2001 Me. HP 1039

Right to Breast-feed
Notwithstanding any other provision of law, a mother may breast-feed her baby in any location, public or private, where the mother is otherwise authorized to be.

Last updated Saturday, July 29, 2006 2:25 AM by sjs.

Page last edited Sun Oct 14 09:33:16 UTC 2007.