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Home » Breastfeeding: Legal Issues

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

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General

Breastfeeding and the law from 007 Breasts

Legislation

Your Rights As a Breastfeeding Employee @KellyMom.com, by the United States Breastfeeding Committee

Workplace Support in Federal Law, Existing Legislation and Federal Policies & Initiatives from the United States Breastfeeding Committee

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

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

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.

  • New Benefits for Breastfeeding Moms: Facts and Tools to Understand Your Coverage under the Health Care Law from the National Women’s Law Center
  • Women’s Preventive Services: Required Health Plan Coverage Guidelines – “Non-grandfathered plans and issuers are required to provide coverage without cost sharing consistent with these guidelines in the first plan year (in the individual market, policy year) that begins on or after August 1, 2012… Breastfeeding support, supplies, and counseling…”
  • Federal law now includes breast pumps and other supplies that directly assist with lactation as medical care expenses.
  • Breast Pumps and Insurance Coverage: What You Need To Know from the US Office on Women’s Health

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 WomensHealth.gov

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

Protecting breastfeeding while in a divorce or custody dispute from Liz Brooks, JD IBCLC FILCA

Continuing Breastfeeding after Separation and Divorce from the Australian Breastfeeding Association

Breastfeeding and Visitation (in the US) from LLLI

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

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 TheLeakyBoob.com

Breastfeeding and Visitation or Custody from La Leche League, Intl

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

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

Visitation for the Youngest Children of Divorce with Liz Baldwin, Esq. (DivorceCentral.com 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

Updated on November 28, 2023Filed Under: Legal issues

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  • Hot Topics
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    • COVID-19
  • Pregnancy
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    • Preparing to Breastfeed
    • Breastfeeding when pregnant
  • Breastfeeding
    ▼
    • Got Milk?
    • What is Normal?
    • Can I Breastfeed if…?
      ▼
      • Lifestyle choices
      • Illness, Surgery & Medical Procedures
      • Medications & Vaccines
      • Herbs/natural treatments
      • Chemical exposure
    • Common Concerns
      ▼
      • Child Concerns
      • Mother’s Concerns
      • Finding Help
      • Legal issues
    • Pumping & Employment
      ▼
      • Pumping & supply
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      • Milk handling/storage
      • Employed moms
    • Advocacy
  • Ages & Stages
    ▼
    • Adoptive BF/ Relactation
    • Premature Infant
    • Newborn
      ▼
      • Breastfeeding Basics
      • Common Newborn Concerns
      • Newborn Challenges
    • Older Infant
    • After the First Year
    • Tandem Breastfeeding
    • Weaning
      ▼
      • Considering weaning
      • How to wean
  • Parenting
    ▼
    • Parenting FAQ
    • Nighttime parenting
    • Reviews
    • Fun
      ▼
      • Humor & Wisdom
      • Trivia
  • Health
    ▼
    • Baby’s Health
    • Growth & Development
    • Mom’s Health
    • Can I Breastfeed if…?
  • Nutrition
    ▼
    • Solid Foods
    • Mother’s Diet
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  • Shop
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    • Support KellyMom – amazon portal
    • Free Handouts