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Current Summary of Breastfeeding Legislation in the U.S.
SUMMARY OF ENACTED BREASTFEEDING LEGISLATION
UTAH
Utah enacted legislation
clarifying a woman’s right to breastfeed in public, even if there
was some exposure of the breast. It exempts breastfeeding from indecent
exposure statutes. Utah is also one of the few states in the U.S.
that provides consideration of breastfeeding in family law cases.
The lack of reasonable alternatives of a nursing child is a factor
the court can consider in determining whether the standard parenting
schedule would apply. Note that under their guidelines, full weekend
visitation and one-week periods in the summer would begin at 18 months
of age.
Added by Acts 2003, 78th Leg., ch. 1274, § 3, eff.
April 1, 2005.
Utah Code Ann. § 10-8-41, § 10-8-50, §
17-15-25, § 76-9-702, § 76-10-1229.5,
10-8-41. Prostitution, lewd or perverted acts, gambling,
and obscene or lewd publications.
(2) (a) A woman's breast feeding, including breast feeding in any place where the
woman otherwise may rightfully be, does not under any circumstance constitute an obscene or lewd act,
irrespective of whether or not the breast is covered during or incidental to feeding.
(b) Boards of Commissioners and City Councils of Cities may not
prohibit a woman's breast feeding in any location where she otherwise may rightfully be, irrespective
of whether the breast is uncovered during or incidental to the breastfeeding.
10-8-50. Disturbing the peace -- Public intoxication
-- Fighting -- Obscene language -- Disorderly conduct -- Lewd behavior -- Interference with officers
-- Trespass.
(3) (a) A woman's breast feeding, including breast feeding in any
place where the woman otherwise may rightfully be, does not under
any circumstance constitute a lewd or indecent act, irrespective of
whether or not the breast is covered during or incidental to feeding.
(b) Boards of Commissioners and City Councils of Cities may not prohibit a woman's
breast feeding in any location where she otherwise may rightfully be, irrespective of whether the
breast is uncovered during or incidental to the breastfeeding.
17-15-25. Right to Breast Feed.
The County Legislative Bodies may not prohibit a woman's breast feeding in any location where she
otherwise may rightfully be, irrespective of whether the breast is uncovered during or incidental
to the breastfeeding.
76-9-702. Lewdness -- Gross lewdness.
(5) A woman's breast feeding, including breast feeding in any place where the woman otherwise
may rightfully be, does not under any circumstance constitute a lewd or grossly lewd act,
irrespective of whether or not the breast is covered during or incidental to feeding.
76-10-1229.5. Breast Feeding is not Violation of
this Part.
A woman's breast feeding, including breast feeding in any location where the woman otherwise may
rightfully be, does not under any circumstance constitute a violation of this part, irrespective
of whether or not the breast is covered during or incidental to feeding.
Utah Code Ann. § 30-3-34
1997 Ut. ALS 80; 1997 Utah Laws 80; 1997 Ut. Ch. 80; 1997 Ut. SB 33
Best interests -- Rebuttable presumption.
(1) If the parties are unable to agree on a parent-time schedule, the court
may establish a parent-time schedule consistent with the best interests of the child.
(2) The advisory guidelines as provided in Section 30-3-33 and the parent-time
schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be presumed to be in the best
interests of the child. The parent-time schedule shall be considered the minimum parent-time to
which the noncustodial parent and the child shall be entitled unless a parent can establish
otherwise by a preponderance of the evidence that more or less parent-time should be awarded
based upon any of the following criteria:.....
(n) (n) the lack of reasonable alternatives to the needs
of a nursing child;
Note that Utah Code Ann
§ 30-3-35.5 sets forth a minimum schedule for visitation for
children under five years of age.
Last updated Sunday, July 30, 2006 5:49 PM by sjs.
Page last edited Sun Oct 14 09:33:18 UTC 2007.
