Breastfeeding: Legal Issues

Do you need information on legal issues and breastfeeding? Much of this information is for mothers in the United States, but there is also info from the UK, Canada, Australia, Italy, and more.

General | Legislation | Jury Duty | Public BF | BF after the first year | Family Law


Breastfeeding Law: Know Your Legal Rights by Jake Aryeh Marcus, J.D.

Breastfeeding and the Law from La Leche League International. LLLI has information on breastfeeding law throughout the world.

Breastfeeding and the law from 007 Breasts



Your Rights As a Breastfeeding Employee, by the United States Breastfeeding Committee

Workplace Support in Federal LawExisting Legislation and Federal Policies & Initiatives from the United States Breastfeeding Committee

Break Time for Nursing Mothers from the United States Department of Labor

Breastfeeding Legistation Information from Congresswoman Carolyn B. Maloney

50 States Summary of Breastfeeding Laws from the National Conference of State Legislatures

State Laws that Protect Breastfeeding: Free Download from Stacie Bingham, CD(DONA)

Breastfeeding Rights from INFACT Canada

Continuing to Breastfeed when you Return to Work (UK) from Maternity Action

Breastfeeding and the Law from the Australian Breastfeeding Association

Breastfeeding Legislation in the US from LLLI (Leaven 2005)

Legislazione a favore dell’allattamento materno applicabile in Italia (Legislation applicable to breastfeeding in Italy) from LLLI


Check your insurance coverage! Certain pump rentals, purchases, and lactation counseling are 100% covered by health insurance if your plan year begins 8/1/2012 or later. If not covered by your insurance, breast pumps and supplies that assist lactation are (as of 2/28/11) considered a deductible medical expense.


Jury Duty

Jury Duty? @ kellymom

Breastfeeding & Jury Duty – One mom’s experience @ kellymom


Breastfeeding in Public

(see also the Legislation Section above)

Breastfeeding in Public from LLLI

Breastfeeding in Public from

Breastfeeding in Public — a Human Rights Issue from INFACT Canada

Breastfeeding in Public Places in the UK  (a guide to the 2010 Equality Act) from Maternity Action

Breastfeeding in Public– Your Legal Rights from the Australian Breastfeeding Association

PDF Breastfeeding: Impact on Health, Employment and Society from the US Congressional Research Service


 Breastfeeding after the first year

Extended Breastfeeding and the Law By Elizabeth N. Baldwin, Esq. (reprinted from Mothering Magazine, 1993)

Letter for Court Cases (in support of extended breastfeeding) by Katherine Dettwyler, PhD


Family Law

Continuing Breastfeeding after Separation and Divorce from the Australian Breastfeeding Association

Breastfeeding and Family Law (in the US) from LLLI (see also LLLI articles on Divorce, Separation, and Single Parenting)

Dealing with Divorce and Custody Issues and Blended Families from Attachment Parenting International

Breastfeeding, Divorce and Custody Issues from

Shared custody: new thoughts on what’s best for kids from MamaMia

Infants and overnight care – post separation and divorce: Guidelines for protecting the very young child’s sense of comfort and security (revised March 2015) from the Australian Association for Infant Mental Health Inc.

Infants and overnight care – post separation and divorce: Background Paper (revised March 2015) from the Australian Association for Infant Mental Health Inc.

A Journey through Breastfeeding and Visitation from

Is Breastfeeding Really a Visitation Issue? by Elizabeth N. Baldwin, Esq. & Kenneth A. Friedman, Esq.

Attachment 101 for Attorneys: Implications for Infant Placement Decisions by Eleanor Willemsen and Kristen Marcel

Trends in Child Custody with Liz Baldwin, Esq. ( chat transcript)

Visitation for the Youngest Children of Divorce with Liz Baldwin, Esq. ( chat transcript)

Martin K. Parenting Plans and the Breastfed Child: A Look at How Breastfeeding is Used as a Factor in Parenting Time Allocations for Divorcing Parents in the U.S. Clinical Lactation. 2011; 2(3): 25-29.

Gribble KD, Gallagher M. Rights of Children in Relation to Breastfeeding in Child Protection Cases. Br J Soc Work. 2014; 44 (2): 434-450. doi: 10.1093/bjsw/bcu004

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