Choosing how to feed your infant is one of the earliest and most important decisions parents make.  Never, in the midst of making a life-sustaining decision about a child’s health, should parents have to consider potential legal ramifications for ensuring a child is fed in a public setting. The General Assembly agreed and in 2017 passed the Freedom to Breastfeed Act, which protected parents who breastfeed in public against facing charges such as obscenity and public lewdness.

However, breastfeeding is not the only option to provide human milk to a child. Milk expression (pumping) is a legitimate—and often necessary—alternative to traditional breastfeeding that many parents choose to ensure their child thrives. Barriers a parent may face to traditional breastfeeding may include a parent needing to be away from their child for errands or work, the mental health of the parent or the physical health of the parent or child. Nevertheless, while breastfeeding in public is an activity protected from criminal charges, pumping is not specifically identified under the law. That is why we are introducing legislation that would add pumping to the Freedom to Breastfeed Act, thereby protecting parents who may need to express milk in public. This legislation also provides for a private right of action for individuals whose rights to feed their child under the act are violated.

As working parents with busy schedules, we understand firsthand the need to have flexibility to ensure children’s nutritional needs are met. As legislators, we are empowered to support parents who need to make alternative feeding decisions without fearing repercussions of the law.  Please join us in protecting parents while they strive to make the best decisions for their children and families. 
 

Statutes/Laws affected:
Printer's No. 0519: P.L.90, No.28