Know your rights: Breastfeeding in public and private
Breastfeeding is natural and essential to you and your baby’s health. But it’s far from easy. It’s not always the act of breastfeeding that’s hard; it’s the resistance from everyone else. Passersby, colleagues, community members — societal shame is commonplace but never necessary or okay. In fact, it’s not even legal.
It’s time to break down this stigma. Fortunately, the law is on your side, empowering you to breastfeed when and where you need to. So, let’s talk about your rights.
Breastfeeding laws: You have rights in all 50 states
You have the right to breastfeed in public and in private wherever you are in the United States of America.
According to the National Conference of State Legislatures (NCSL), all 50 states, Washington D.C., the U.S. Virgin Islands, and Puerto Rico, protect a parent’s ability to breastfeed in any public or private location they are lawfully allowed to be in. That means it is illegal for someone to ask you to leave a public area to breastfeed.
The NCSL also outlines that in 31 states, breastfeeding laws exempt nursing parents from public indecency laws, meaning no one can claim it is inappropriate or immodest for you to breastfeed without a cover in public places. These states include:
- Alaska
- Arizona
- Arkansas
- Florida
- Idaho
- Illinois
- Kentucky
- Louisiana
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nevada
- New Hampshire
- New York
- North Carolina
- North Dakota
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Additional protections for breastfeeding parents at work
Many breastfeeding and working laws have been developed in recent years, protecting working parents who want to breastfeed or express milk during working hours.
Since 2010, the Affordable Care Act has required employers to provide reasonable break time and accommodations for nursing parents to express milk for up to one year after their child’s birth.
Congress then passed the Fairness for Breastfeeding Mothers Act in 2019, requiring public buildings to provide a shielded, hygienic space for breastfeeding. These include any building that’s open to the public and has a public bathroom. And don’t worry, the law requires the lactation room to be separate from the bathroom.
How to breastfeed in public comfortably
Even when you know your rights, dealing with the opinions (and stares) of uninformed onlookers can be uncomfortable. We’re working hard to end the stigma against breastfeeding in public. But if you’re thinking of how to breastfeed in public in the meantime, some parents find comfort in these tricks:
- Dress for comfort and ease: Nursing tops can help make breastfeeding in public much easier, but they aren’t necessary. Button-up shirts and loose-fitting shirts allows easy access to your breasts.
- Find a private space: If you prefer to have a little privacy for nursing, many public areas, including malls and sports stadiums, have nursing rooms specially designed for nursing parents. If these rooms are unavailable, dressing rooms, restaurant booths, and secluded areas in public spaces can help you get some privacy with your little one.
- Start nursing before they get fussy: Breastfeeding your baby according to their usual schedule, even when you’re out and about, can give you more time to find a comfortable place to nurse. Of course, that’s not always possible. In these cases, try not to stress. And don’t worry about what people around you think or say about your crying little one—you’re doing the best you can.
- Practice in private: If nursing in public makes you anxious, try practicing in your home in front of a mirror. This will help you feel more comfortable handling your baby with all your nursing gear, clothing, and shield (if you choose to use one).
Find an advocate for your rights
While you now have a better understanding of your rights as a breastfeeding parent, not everyone is as informed as you. That’s why The Lactation Network (TLN) is building a world where lactating parents are given the care and respect they deserve. We advocate for policies that drive equal and inclusive access for all parents, like our recent work to support the Infant Formula Supplemental Appropriations Act.
Requesting a consultation with an International Board Certified Lactation Consultant (IBCLC) can help bolster your confidence in your right to feed your baby whenever you need to. These lactation experts are the highest accredited clinicians in the world in the field of lactation and will help you discover how breastfeeding can work for you — wherever you are.
Speaking of rights, the Affordable Care Act requires insurance plans to cover lactation care. You should be able to meet with our consultants with no out-of-pocket costs. Schedule your lactation consultation today to learn how to champion your ability to breastfeed wherever you need.
We’re here for you, every step of the way. We work with your insurance to provide in-home, in-office, or telehealth visits with an IBCLC.
