Interactive Breastfeeding Laws Map
Three U.S. states do not protect a mother's right to nurse her child in public: WVa, NB, ID. Three additional states only exempt breastfeeding from public indecency laws: WY, SD, MI.
Every state except West Virginia, has some law related to breastfeeding but the laws vary widely. This is a list of known state (and Puerto Rico and the U.S. Virgin Islands) laws as of June 2009 (source: Congressional Research Service)
Alabama
Code of Ala. § 22-1-13 (Lexis 2009) permits a mother to breastfeed her child in any location,
public or private, where the mother is otherwise authorized to be present.
Alaska
Alaska Stat. § 01.10.060 (Lexis 2009) provides that in the laws of the State, “lewd conduct,”
“lewd touching,” “immoral conduct,” “indecent conduct,” and similar terms do not
include the act of a woman breastfeeding a child in a public or private location where the
woman and child are otherwise authorized to be.
Alaska Stat. § 29.25.080 (Lexis 2009) provides that breastfeeding does not constitute indecent
exposure or other similar offenses. A municipality, borough, or other local government unit
cannot implement ordinances banning breastfeeding, or making it a violation of a municipal
ordinance.
Arizona
A.R.S. § 41-1443 (Lexis 2008) provides that a mother is entitled to breastfeed in any area of a
public place or a place of public accommodation where the mother is otherwise lawfully present.
Arkansas
A.C.A. § 5-14-112 (Lexis 2008) provides that a woman is not in violation of indecent exposure for
breastfeeding a child in a public place or any place where other individuals are present.
16 Although not a state, Puerto Rico, Washington, D.C. and the U.S. Virgin Islands have been included in this analysis.
A.C.A. § 20-27-2001 (Lexis 2008) provides that a woman may breastfeed a child in a public place
or any place where other individuals are present.
2009 Ark. ALS 621 requires employers to provide unpaid break time and reasonable locations for
expressing breast milk.
California
Cal. Labor Code § 1030 (Lexis 2008) requires that employers provide break time for an employee
to express milk for the employee’s infant child. The break time, if possible, is to run concurrently
with any break time already provided to an employee.
Cal. Labor Code § 1031 (Lexis 2008) requires that an employer make reasonable efforts to
provide a room or other location, other than a toilet stall, for employees to express milk in private.
Cal. Labor Code § 1032 (Lexis 2008) states that an employer is not required to provide break
time if “to do so would seriously disrupt the operations of the employer.”
Cal. Labor Code § 1033 (Lexis 2008) provides a civil penalty and for the issuance of a citation by
the Labor Commissioner. Violations of provisions relating to breastfeeding are not considered
misdemeanors.
Cal. Civil Proc. Code § 210.5 (Lexis 2008) permits the mother of a nursing child to postpone jury
duty for one year and explicitly eliminates the requirement for the mother to have to appear in
person to request the postponement. The one year period may be extended upon the written
request of the mother.
Cal. Health and Safety Code § 1647 (Lexis 2008) provides that the procurement, processing,
distribution, or use of human milk for human consumption constitutes the rendition of a service.
Cal. Civil Code § 43.3 (Lexis 2008) provides authority for a mother to breastfeed her child in any
location.
Cal. Health and Safety Code §§ 123360, 123365, 1257.9 (Lexis 2008) mandates the State
Department of Health and Human Services to promote breastfeeding in public health campaigns
and requires hospitals to provide lactation support and consultation to patients.
Cal. Assembly Con. Res. 155 (1998)20 encourages the State and private employers to support and
encourage the practice of breastfeeding by striving to accommodate the need of employees, and
by ensuring that employees are provided with adequate facilities for breastfeeding and expressing
milk for their children. The governor is authorized to declare by executive order that all State
employees be provided with adequate facilities for breastfeeding and expressing milk.
Cal. Rules of Court R. 859 (2004)21 provides that a mother breastfeeding a child may request that
jury service be deferred for up to one year, and may renew that request as long as she is breastfeeding. If the request in made in writing, under penalty of perjury, the jury commissioner must grant the request without requiring the prospective juror to appear in court.
Colorado
Colo. Rev. Stat. 25-6-301; 25-6-302 (Lexis 2008) acknowledges the beneficial effects of
breastfeeding and encourages mother to breastfeed. The law permits a mother to breastfeed in any
location she has a right to be.
Connecticut
Conn. Gen. Stat. Ann. § 31-40w (Lexis 2008) concerns breastfeeding in the workplace. Employers
are required to provide reasonable time and private accommodations each day to an employee
who needs to express breast milk for her infant child.
Conn. Gen. Stat. Ann. §46a-64(a)(3)(Lexis 2008) forbids resorts and other public
accommodations from limiting or restricting a mother’s right to breastfeed.
Conn. Gen. Stat. Ann. §53-34b(Lexis 2008) states that no person may restrict or limit the right of
a mother to breastfeed her child.
Delaware
Del. Code Ann. tit. 31 § 310 (Lexis 2009) provides that a mother is entitled to breastfeed her child
in any location of a place of public accommodation wherein the mother is otherwise permitted.
District of Columbia
D.C. Code § 2-1402.81 (Lexis 2009) encourages and supports the right of women who so choose
to freely breastfeed their children.
Florida
Fla. Stat. Ann. § 383.011 (Lexis 2009) provides for programs for the encouragement of
breastfeeding.
Fla. Stat. Ann. § 383.015 (Lexis 2009) permits a mother to breastfeed in any public or private
location. A facility may be designated “baby-friendly” if it establishes a breastfeeding policy.
Fla. Stat. Ann. § 383.016 (Lexis 2009) authorizes the use of a “baby friendly” designation for
certain facilities supporting breastfeeding.
Fla. Stat. Ann. § 383.311 (Lexis 2009) establishes education and orientation centers dealing with
the encouragement of breastfeeding.
Fla. Stat. Ann. § 383.318 (Lexis 2009) establishes birth centers dealing with instruction in
breastfeeding.
Fla. Stat. Ann. § 800.02 (Lexis 2009) exempts breastfeeding from the definition of an unnatural
and lascivious act.
Fla. Stat. Ann. § 800.03 (Lexis 2009) exempts breastfeeding from a statute dealing with the
exposure of sexual organs.
Fla. Stat. Ann. § 800.04(8) (Lexis 2009) exempts breastfeeding from a statute dealing with lewd
or lascivious offenses.
Fla. Stat. Ann. § 827.071 (Lexis 2009) provides that a mother’s breastfeeding of her baby does not
constitute “sexual conduct” within the context of child abuse statutes.
Fla. Stat. Ann. § 847.001 (Lexis 2009) provides that a mother’s breastfeeding of her baby is not
under any circumstance “harmful to minors.”
Georgia
Ga. Code Ann. § 31-1-9 (Lexis 2009) provides that the breastfeeding of a baby is an important
and basic act of nurture which should be encouraged in the interests of maternal and child health.
A mother may breastfeed her baby in any location where the mother and baby are otherwise
authorized to be.
Ga. Code Ann. § 34-1-6 (Lexis 2009) permits employers to provide reasonable, unpaid break time
for employees to express breast milk and provides that employers may make reasonable efforts to
provide a private location other than a toilet stall for an employee to express milk.
Hawaii
Hawaii Rev. Stat. Ann. § 378-2(7) (Lexis 2009) provides that it shall be an unlawful or
discriminatory practice for an employer or labor organization to refuse to hire or discharge from
employment, or otherwise penalize a lactating employee because the employee breastfeeds or
expresses milk at the workplace.
Hawaii Rev. Stat. Ann. § 378-10.2 (Lexis 2009) provides that no employer shall prohibit an
employee from expressing breastmilk during any meal period or other break period required by
law to be provided by the employer or required by a collective bargaining agreement.
Hawaii Rev. Stat. Ann. §§ 489.21 to 489.23 (Lexis 2009) deals with breastfeeding in places of
public accommodation. § 489.21 provides that it is a discriminatory practice to deny or attempt to
deny public accommodations to a woman because she is breastfeeding a child. § 489.22 provides
that a person injured by an unlawful discriminatory practice may bring a private cause of action
and provides appropriate remedies. § 489.23 exempts the provisions dealing with breastfeeding
from the purview of the civil rights commission.
Idaho
Idaho Code § 2-212(3) (Lexis 2008) permits a nursing mother to postpone her jury service until
she is no longer breastfeeding. “The court shall provide that a mother nursing her child shall have
service postponed until she is no longer nursing the child.”
Illinois
Ill. P.A. 93-942 (2004)22 is the “Right to Breastfeed Act.” It states that a mother may breastfeed
her baby in any location, public or private, where the mother is otherwise authorized to be. A
mother who breastfeeds her child in a place of worship shall follow the appropriate norms within
that place of worship. Section 15 provides that a woman denied the right to breastfeed by the
owner or manager of a public or private location, other than a private residence or place of
worship, may bring an action to enjoin future denials of the right to breastfeed. If the woman
prevails in her suit, she shall be awarded reasonable attorney’s fees and reasonable litigation
expenses.
820 Ill. Comp. Stat. Ann. §§ 260/1; 260/5; 260/10; 260/15; 260/19 (Lexis 2009) deals with
nursing mothers in the workplace. The employer is required to provide reasonable break time and
private accommodation (other than a toilet stall) each day to an employee who needs to express
breast milk for her infant child.
20 Ill. Comp. Stat. Ann.§ 2310/2310/442 (Lexis 2009) allows the State Department of Public
Health to conduct an educational breastfeeding public information campaign.
20 Ill. Comp. Stat. Ann. § 1305/10-25 (Lexis 2009) provides that the State Department of Human
Services may include a program of lactation support services as part of the benefits and services
provided for pregnant and breastfeeding participants in the Women, Infants and Children
Nutrition Program. The program may include payment for various breastfeeding-related supplies.
720 Ill. Comp. Stat. Ann. § 5/11-9 (Lexis 2009) provides that breastfeeding a child is not an act of
public indecency.
Indiana
Ind. Code § 16-35-6-1 (Lexis 2009) allows a woman to breastfeed her child anywhere the law
allows her to be.
2008 Ind. ALS 13 (Lexis 2008) provides that the state, political subdivisions, and other employers
that employ six or more individuals shall provide for reasonable paid breaks for an employee to
express breast milk for the employee’s infant child.
Iowa
Iowa Code Ann. § 607A.5 (Lexis 2008) permits a mother who is breastfeeding and who is
responsible for the daily care of the child and is not regularly employed to be excused from
serving on a jury.
Iowa Code Ann. § 135.30A (Lexis 2008) provides that a woman may breastfeed the woman’s own
child in any public or private location where the mother and the child otherwise are authorized to
be present, except the private home or residence of another if the mother’s breastfeeding is likely
to be viewed by and affront the owner or any occupant of the private home or residence. A mother
may breastfeed her child under this section irrespective of whether the nipple of the mother’s
breast is uncovered during or incidental to the breastfeeding.
Kansas
K.S.A. § 43-158 (Lexis 2008) permits a mother breastfeeding her child to postpone jury service
until such mother is no longer breastfeeding the child.
K.S.A. § 65-1,248 (Lexis 2008) supports and encourages a mother’s choice to breastfeed and
permits a mother to breastfeed in any place she has a right to be.
Kentucky
KRS § 29A.100 (Lexis 2009) permits a mother breastfeeding her child to postpone jury service
until such mother is no longer breastfeeding the child.
KRS § 211.755 (Lexis 2009) provides that a mother may breastfeed her child in any location,
public or private, where the mother is otherwise authorized to be.
Louisiana
2002 La. House Concurrent Resolution 3523 establishes a joint study concerning the requirement
of insurance coverage for outpatient lactation support for new mothers.
La. Rev. Stat. Ann. 51 § 2247.1 (Lexis 2009) prohibits discrimination against mothers who
breastfeed their babies. Provides that a mother may breastfeed her baby in any place of public
accommodation, resort, or amusement, and clarifies that breastfeeding is not a violation of the
law.
La. Rev. Stat. Ann. 46 § 1409(B)(5) (Lexis 2009) prohibits any child care facility from
discriminating against breastfed babies. This provision is repeated at La. Rev. Stat. Ann. 46 §
1413(E) (West 2004) for the purposes of rules and regulations for child care facilities.
La. Rev. Stat. Ann. 40 § 2213 (Lexis 2009) provides qualification requirements and a registry for
“lactation consultants.” Such a consultant is an allied health care provider who, by meeting
eligibility requirements and passing an examination administered by the International Board of
Lactation Consultant Examiners (IBLCE), possesses the skills, knowledge, and attitudes toprovide breastfeeding assistance to babies and to mothers.
La. Rev. Stat. Ann. 46 § 1413(E) (Lexis 2009) provides that child care facilities cannot
discriminate on the basis of various characteristics of the child, including whether a child is being
breast fed.
Maine
Me. Rev. Stat. Ann. tit. 5, § 4634 (Lexis 2008) amends the Maine Human Rights Act to declare
that a mother has the right to breastfeed her baby in any location, whether public or private, as
long as she is otherwise authorized to be in that location.
Me. Rev. Stat. Ann. tit. 19-a, § 1653 (Lexis 2008) is intended to protect the health and well being
of a nursing infant of separated or divorcing parents. The law adds the situation of whether the
mother is breastfeeding an infant under one year of age to the list of factors that a judge must
consider in deciding parental rights and responsibilities.
Maryland
Md. Code Ann., Tax-Gen.§ 11-211(b)(19)(Lexis 2009) exempts personal property that is
manufactured for the purpose of initiating, supporting, or sustaining breastfeeding from the sales
tax and from use tax.
Md. Code Ann., Health–Gen.§ 20-801 (Lexis 2009) permits a woman to breastfeed her child in
any public or private place under specified circumstances and prohibits restrictions on
breastfeeding. A person may not restrict or limit the right of a mother to breastfeed her child.
Massachusetts
ALM GL ch. 111, § 221 (Lexis 2009) permits a mother to breastfeed her child in any public place
or establishment or place which is open to and accepts or solicits the patronage of the general
public and where the mother and her child may otherwise lawfully be present, without such act
being considered lewd, indecent, immoral, or unlawful conduct.
Michigan
Mich. Comp. Laws Ann. §§ 41.181, 67.1(aa), 117.4i, and 117.5h (Lexis 2009) exclude a woman
breastfeeding a baby, whether or not the nipple or areola is exposed during, or incidental to the
feeding, from the public nudity laws.
Mich. Comp. Laws Ann. § 722.27a (Lexis 2009) concerns child custody. Among the factors to be
considered for “parenting time” is whether the child is a nursing child less than six months of age,
or less than one year of age if the child receives substantial nutrition through nursing.
Minnesota
2000 Minn. Laws Ch. 26924allows a nursing mother, upon request, to be excused from jury
service if she is not employed outside of her home and if she is responsible for the daily care of
the child.
Minn. Stat. Ann. § 181.939 (Lexis 2008) states that an employer must provide reasonable unpaid
break time each day to an employee who needs to express breast milk for her infant child. The
employer must make reasonable effort to provide a room or other location where the employee
can express her milk in privacy and sanitary conditions.
Minn. Stat. Ann. § 145.905 (Lexis 2008) provides that a mother may breastfeed in any location,
public, or private, where the mother and child are otherwise authorized to be, irrespective of
whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding.
Minn. Stat. Ann. § 617.23 (Lexis 2008) provides that breastfeeding is exempted from the statutory
definition of indecent exposure.
Minn. Stat. § 145.894 (Lexis 2008) provides for the commissioner of health to develop and
implement education programs which include a campaign to promote breast feeding.
Mississippi
Miss. Code Ann. § 13-5-23 (Lexis 2008) excuses breastfeeding mothers from serving as jurors.
Miss. Code Ann. § 17-25-7 (Lexis 2008) protects a mother against any ordinance that restricts a
woman’s right to breastfeed.
Miss. Code Ann. § 43-20-31 (Lexis 2008) promotes and protects breastfeeding by regulating
licensed child care facilities’ compliance with safe and proper breastfeeding practices.
Miss. Code Ann. § 71-1-5 (Lexis 2008) prohibits discrimination against breastfeeding mothers
who use lawful break time to express milk.
Miss. Code Ann. § 97-29-31 (Lexis 2008) provides that the act of breastfeeding shall not
constitute indecent exposure.
Miss. Code Ann. § 97-35-7 (Lexis 2008) provides that the act of breastfeeding shall not constitute
disorderly conduct.
Missouri
Mo. Ann. Stat. § 191.918 (Lexis 2009) allows mothers to breastfeed, with “as much discretion as
possible,” in any private or public location.
Mo. Ann. Stat. § 191.915 (Lexis 2009) provides that all ambulatory surgical centers and hospitals
providing obstetrical care are to give new mothers, where appropriate, information on
breastfeeding. All obstetrical or gynecological physicians must give patients information onbreastfeeding.
Montana
Mont. Code Ann. § 50-19-501 (Lexis 2007) provides that the breastfeeding of a child in any
location, public or private, cannot be considered a nuisance, indecent exposure, sexual conduct, or
obscenity.
Mont. Code Ann. § 39-2-215 (Lexis 2007) protects breastfeeding women from unlawful
discrimination by public employers and requires employers to implement a written policy that
identifies the means by which breastfeeding mothers will be supported in the workplace.
2009 MT H.B. 37225 provides that the undue hardship exemption from jury duty applies to
breastfeeding mothers.
Nebraska
Neb. Rev. Stat. § 25-1601 (Lexis 2009) provides that a nursing mother shall be excused from jury
service until she is no longer nursing her child by making such request to the court at the time the
juror qualification form is filed with the jury commissioner and including with the request a
physician’s certificate in support of her request. The jury commissioner shall mail the mother a
notification form to be completed and returned to the jury commissioner by the mother when she
is no longer nursing the child.
Nevada
Nev. Rev. Stat. Ann. § 201.210 (Lexis 2009) provides that the breastfeeding of a child by the
mother of the child does not constitute an act of open or gross lewdness.
Nev. Rev. Stat. Ann. § 201.220 (Lexis 2009) provides that the breastfeeding of a child by the
mother of the child does not constitute an act of open and indecent or obscene exposure of her
body.
Nev. Rev. Stat. Ann. § 201.232 (Lexis 2009) allows a mother to breastfeed her child in any
location where the mother is otherwise authorized to be, irrespective of whether the nipple of the
mother’s breast is uncovered during or incidental to the breastfeeding.
New Hampshire
N.H. Rev. Stat. Ann. § 132:10-d (Lexis 2009) states that breastfeeding a child does not constitute
an act of indecent exposure. It also notes that restricting or limiting the right of a mother to
breastfeed her child is discriminatory.
New Jersey
N.J. Rev. Stat. Ann. § 26:4B-4 (Lexis 2009) is a law that guarantees a mother the right to
breastfeed her baby in any location of a place of public accommodation, resort or amusement
wherein the mother is otherwise permitted. Provides for civil penalties (fines) for violating this
law.
New Mexico
N.M. Stat. Ann. 28-20-1 (Lexis 2008) states that a mother may breastfeed her child wherever she
is authorized to be.
N.M. Stat. Ann. 28-20-2 (Lexis 2008) requires an employer to provide nursing mother employees
flexible break times to utilize a clean and private space for using the breast pump that is near the
employee’s workspace, and is not a bathroom.
2009 Bill Tracking NM H.M. 5826 requests the governor’s women’s health advisory council to
convene a task force to study the needs of breastfeeding student-mothers and make
recommendations for breastfeeding accommodations in school environments.
New York
N.Y. Civil Rights Law § 79-e (Lexis 2009) guarantees a mother the right to breastfeed her baby
any place she has the right to be, public or private, even if the nipple is exposed during or
incidental to breastfeeding.
N.Y. Corrections Law § 611 (Lexis 2009) provides that when a woman is committed to a
correctional institution and gives birth or is nursing a child in her care under one year of age, the
child may accompany/remain with her in the institution.
N.Y. Penal Law §§ 245.01, 245.02 (Lexis 2009) exempts breastfeeding from laws governing
indecent exposure and from laws prohibiting the promotion of indecent exposure.
N.Y. Labor Law § 206-c (Lexis 2009) requires an employer to provide reasonable unpaid break
time or permit an employee to use paid break time or meal time each day to allow an employee to
express breast milk for her nursing child for up to three years following child birth. The employer
shall make reasonable efforts to provide a room or other location, in close proximity to the work
area, where an employee can express milk in privacy.
N.Y. Public Health Law § 2505 (Lexis 2009) empowers the commissioner to adopt regulations
and guidelines including, but not limited to donor standards, methods of collection, and standards
for storage, and distribution of human breast milk; as well as conduct educational activities to
inform the public and health care providers of the availability of human breast milk for infants.
North Carolina
N.C. Gen. Stat. § 14-190.9 (Lexis 2009) states that a breastfeeding mother is not in violation of
indecent exposure laws at any time.
North Dakota
2009 N.D. SB 2344 exempts the act of breastfeeding from the offense of indecent exposure.
Ohio
ORC Ann. 3781.55 (Lexis 2009) entitles a mother to breastfeed her baby in any location of a place
of public accommodation wherein the mother otherwise is permitted.
Oklahoma
63 Okl. St. § 1-234.1 (Lexis 2009) provides legislative recognition that breastfeeding is a
basic right and that a mother may breastfeed her baby in any location where they are
otherwise authorized to be. Breastfeeding is exempted from the crimes and punishments
listed in the penal code.
38 Okl. St. § 28 (Lexis 2009) provides that breastfeeding mothers may request to be exempted
from service as jurors.
40 Okl. St. § 435 (Lexis 2009) permits an employer to provide reasonable unpaid break time each
day to an employee who needs to breastfeed or express breast milk unless to do so would create
an undue hardship on the operations of the employer. An employer may make a reasonable effort
to provide a private, secure, and sanitary room or other location in close proximity to the work
area, other than a toilet stall.
Oregon
Or. Rev. Stat, § 109.001 (Lexis 2007) allows a woman to breastfeed in a public place.
Or. Rev. Stat. § 10.050 (Lexis 2007) permits a breastfeeding woman to be excused from acting as
a juror, upon the approval of a written request.
Or. Rev. Stat § 653.075 (Lexis 2007) recommends that every child be breastfed for at least the
first 12 months of life and urges that arrangements be made for expressing breast milk if the
mother and child are separated.
Or. Rev. Stat § 653.077 (Lexis 2007) requires an employer to provide reasonable unpaid rest
periods to accommodate an employee who needs to express milk for her child.
Or. Rev. Stat § 653.256 (Lexis 2007) permits the commissioner to assess a civil penalty not to
exceed $1,000 against any person who intentionally violates ORS 653.077 or any rule adopted
thereunder.
Pennsylvania
35 P.S. § 636.1 et seq. (Lexis 2008) permits mothers to breastfeed in public without penalty.
Breastfeeding may not be considered a nuisance, obscenity or indecent exposure under this law.
Puerto Rico
23 P.R. Laws Ann. § 43-1 (Lexis 2008) requires that shopping malls, airports, and government
centers that serve the public must have accessible areas designed for the breastfeeding of infants.
Provision is made for compliance for newly designed and existing buildings.
29 P.R. Laws Ann. §§ 478, 478a-478h (Lexis 2008) provides comprehensive regulation of
breastfeeding in the workplace. The statute defines terms, provides for time periods for
expressing milk, details obligations for employers, and sets penalties for noncomplying
employers.
Rhode Island
R.I. Gen. Laws § 23-13.2-1 (Lexis 2009) sets out workplace policies protecting a woman’s choice
to breastfeed. Appropriate definitions are provided.
R.I. Gen. Laws § 23-13.5-1 (Lexis 2009) provides that a woman may feed her child by bottle or
breast in any place open to the public.
South Carolina
S.C. Code Ann. § 63-5-40 (Lexis 2008) permits a woman to breastfeed her child in any location
where the mother and her child are authorized to be without being considered indecent exposure.
South Dakota
S.D. Codified Laws § 22-24A-2 (Lexis 2009) exempts breastfeeding in public from indecent
exposure statutes.
Tennessee
Tenn. Code Ann. § 50-1-305 (Lexis 2009) requires employers to provide reasonable, unpaid break
time to an employee to express breast milk and allows employers to provide a room or other
private location, other than a toilet stall, for an employee to express breast milk.
Tenn. Code Ann. § 68-58-101 (Lexis 2009) provides a mother with the right to breastfeed her
child of twelve (12) months of age or younger in any location, public or private, where the mother
and child are otherwise authorized to be present.
Texas
Tex. Health & Safety Code Ann. § 161.071 (Lexis 2009) relates to the provision of donor human
milk to certain infants under the medical assistance program.
Tex. Health & Safety Code Ann. §§165.001 et seq. (Lexis 2009) authorizes a woman to breastfeed her child in any location and provides for the use of a “mother-friendly” designation for
employers who have policies supporting worksite breastfeeding.
Tex. Ins. Code Ann. §§ 1366.051 et seq. (Lexis 2009) This law provides that the health insurer of a
maternity patient discharged before the statutory minimum stay, must be provided with post
delivery services which include assistance and training in breastfeeding.
U.S. Virgin Islands
14 V.I.C. § 1022 (Lexis 2009) states that a woman’s breastfeeding a child in any public or private
location where the woman’s presence is otherwise authorized does not under any circumstance
constitute obscene or indecent conduct.
Utah
Utah Code Ann. § 17-15-25 (Lexis 2008) states that city and county governing bodies may not
inhibit a woman’s right to breastfeed in public.
Utah Code Ann. § 76-10-1229.5 (Lexis 2008) states that a breastfeeding woman is not in violation
of any obscene or indecent exposure law.
Utah Code Ann. § 76-9-702 (Lexis 2008) provides that a woman’s breastfeeding in any location
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.
Utah Code Ann. § 10-8-41 (Lexis 2008) provides that a woman’s breastfeeding, including
breastfeeding 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.
Utah Code Ann. § 10-8-50 (Lexis 2008) provides that a woman’s breastfeeding, including
breastfeeding in any location where she 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.
Utah Code Ann. § 30-3-34 (Lexis 2008) provides that in determining child custody and visitation
schedules, the best interests of the child. The lack of reasonable alternatives of a nursing child is a
factor that the court can consider in determining whether the standard parenting (custody)
schedule would apply.
Vermont
Vt. Stat. Ann. tit. 9, § 4502(j)(Lexis 2009) states that breastfeeding a child is an important, basic
and natural act of nurture that should be encouraged in the interest of enhancing maternal, child
and family health. The law allows a mother to breastfeed her child in any place of public
accommodation in which the mother and child would otherwise have a legal right to be. The law
directs the human rights commission to develop and distribute materials and to provide
information regarding a woman’s legal right to breastfeed her child in a place of public
accommodation.
Virginia
Va. Code § 2.2-1147.1 (Lexis 2009) guarantees a woman the right to breastfeed her child on any
property owned, leased, or controlled by the state.
Va. Code § 18.2-387 (Lexis 2009) exempts breastfeeding a child in any public place or place
where others are present from indecent exposure statute.
Va. Code Ann. § 8.01-341.1 (Lexis 2009) provides an exemption for jury service, upon request,
for “any mother who is breast-feeding a child.”
Va. Joint Resolution # 248 (1994)29 requests the Department of Medical Assistance Services to
review breastfeeding issues, including lactation education and supplies for Medicaid recipients.
Also set forth are the benefits of breastfeeding.
H.J.Res. 145 (2002)30 encourages employers to recognize the benefits of breastfeeding and to
provide unpaid break time and appropriate space for employees to breastfeed or express milk.
Washington
Wash. Rev. Code Ann. § 9A.88.010 (Lexis 2009) provides that the act of breastfeeding or
expressing breast milk is not indecent exposure.
Wash. Rev. Code Ann. § 43.70.640 (Lexis 2009) exempts breastfeeding from indecent exposure
provisions. It also provides for employer/infant friendly promotional materials relating to work
places with facilities conducive to breastfeeding infants.
2009 WA H.B. 159631 protects a woman’s right to breastfeed in a place of public resort,
accommodation, assemblage, or amusement.
West Virginia
West Virginia has no laws protecting breastfeeding.
Wisconsin
Wisc. Stat. Ann. §§ 944.17(3), 944.20(2) and 948.10(2) (Lexis 2008) provides that breastfeeding
does not violate criminal statutes on indecent or obscene exposure.
Wyoming
2003 Wy. H.J.R. 5 32 (signed by the governor on February 21, 2003) encourages breastfeeding and
recognizes the importance of breastfeeding to maternal and child health. The resolution
commends public and private employers who provide accommodations for breastfeeding
mothers.
Wyo. Stat. § 6-4-201 (Lexis 2008) provides that the act of breastfeeding an infant child, including
breastfeeding in any place where the woman may legally be, does not constitute public indecency.
