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

By Elizabeth N. Baldwin, Esq., and Kenneth A. Friedman, Esq.

FREQUENTLY ASKED QUESTIONS

* I am in a state with no breastfeeding legislation. Do I have the right to breastfeed in public?

Answer: Yes. The purpose of legislation is to clarify that it is legal, and to change society's attitudes about breastfeeding. As a general rule of thumb, if you have a right to be somewhere with your baby, and you can feed your baby a bottle, then certainly you have the right to breastfeed.

* I was asked to stop breastfeeding. What should I do?

Answer: If you are told to stop breastfeeding, you will have to decide whether you want to try to do something about it at the time, or to leave and take action later. If you decide to try to do something about it at the time, you might ask if you can give your baby a bottle. If you are told that you can, you can gently educate by letting them know that no one has the right to tell you how to feed your baby. If you are in a state that has legislation, let them know that there is a law that protects your right. If the establishment is not willing to bend, consider leaving and educating them later on. It is not worth a scene to try to enforce your right, and the upset that may result is not good for mom or baby!
If you are looking at how to handle it after the fact, look at the best way to educate those involved. If you are in a state with legislation, the first step is to give them information about the laws, as well as about the importance of breastfeeding. If your state does not have any legislation, that does not mean you can't breastfeed! However, as you will not have any legislation to educate them with, consider using other states' legislation. In all instances, feel free to use this legislation article (as well as the others written by me), as well as other materials showing what an important health choice this is.
If you think you might want to take legal action against the establishment, we recommend that you consult with an attorney to determine your legal rights. Don't forget to visit the American Academy of Pediatrics' site and print out a copy of their recommendations. Nothing sets forth the importance of breastfeeding better than these recommendations! Feel free to contact your local La Leche League Leader for assistance with this. She can help you look at these issues.

* My state is considering enacting breastfeeding legislation. Is all breastfeeding legislation good, or are there certain types that should be avoided?

Answer: Not all breastfeeding legislation is positive. Any legislation that restricts or takes away the right to breastfeed should not be supported, and if it has already been enacted, steps should be taken to amend the statute taking out the restriction. For instance, Georgia and Missouri enacted laws trying to support breastfeeding mothers in public, but put restrictions on it requiring the mother to be discreet. This comes from a misconception that if discretion is not required, that there will be problems with women exposing themselves. Yet, the purpose of legislation is to try to change these outdated views about breastfeeding, and encourage more women to make this healthy choice. Thus, such language has a chilling effect on mothers, and is not encouragement, and would authorize anyone who didn't think it was discreet enough to throw the mother out. This is why many of the states provided that a woman has a right to breastfeed even if there is exposure during or incidental to breastfeeding. Recognizing this, Georgia has submitted a bill that would delete this restrictive language.

If your state is considering legislation, make sure no restrictions are included.

Last updated Saturday, July 29, 2006 2:30 AM by sjs.

Page last edited Sun Oct 14 09:33:13 UTC 2007.