Breastfeeding In Public: Your Rights

Breastfeeding your baby is among the most normal and natural things in the world. Though research about the benefits of breastfeeding is always ongoing, it is absolutely clear that offering infants breast milk offers many benefits to both babies and their mothers.

For babies, these benefits include a lower risk of obesity, fewer chest and ear infections, lower odds of diarrhea or vomiting that would require hospitalization, and less constipation. Research even shows that breastfed babies have slightly higher IQ scores on average. Moms reduce their risk of developing breast cancer by nursing their children, not just while they are nursing but for the rest of their lives. The World Health Organization recommends that mothers breastfeed their babies exclusively during the first six months, and that they continue until the baby turns two.

Have you ever heard of someone calling a mother out for bottle-feeding her baby in public, referring to the act as shameful and disgusting? Have you ever heard of a restaurant manager telling a formula-feeding parent to “take it to the bathroom, please?”, or a receptionist at a doctor's office asking a mom to cover up her bottle feeding because it's disturbing the other patients?

I didn't think so either.

Babies are born with the need to feed frequently, and breastfeeding has repeatedly been demonstrated to be the best way to meet this need. It is, I think, socially acceptable for parents to be out and about with their infants — and babies who are out and about will need to eat soon enough. So why is breastfeeding in public still controversial?

More to the point, what are your rights are a breastfeeding mother — and what are your child's rights? What can you do when you feed your baby in public and you are asked to cover up, take it to the bathroom, or leave?

What The Law Says About Breastfeeding In Public

Breastfeeding in public should undoubtedly be a legal right. I see it as the child's right to be fed, not the mother's right to either nurse her baby or... expose her breasts, if you like. Breasts have become extremely sexualized in modern western society, but the fact is that they have always had a dual purpose and that feeding babies is the primary one.

In the United States, breastfeeding laws vary from state to state. Breastfeeding laws at federal level address breastfeeding rights at federal premises.

Furthermore, the Fair Labor Standards Act states that employers must provide reasonable break time for breastfeeding mothers of children under a year old, and that the mother should have a private place other than a bathroom in which to nurse the baby.

US residents who want to know what rights they have in their particular state should always check state laws. However, it is good to know that 45 states have laws that protect a mother's right to breastfeed her child wherever and whenever she needs to. Generally, this means that you may breastfeed if you are in a place where you are otherwise permitted to be, and this includes stores, medical facilities and restaurants.

An update: As of 2018, breastfeeding in public is finally a protected right in all 50 US states. Idaho and Utah were the last states to embrace this legislation, and nursing mothers can now take their babies places without worrying about nursing everywhere in the United States!

Breastfeeding in public is also legally protected in the United Kingdom, Taiwan, the Philippines, and Australia among other countries.

Snappy Comebacks For Harassed Nursing Moms

You may well have the legal right to breastfeed in public in your jurisdiction and still face harassment on occasion. Not every person you'll deal with will be aware of the laws regarding breastfeeding, and some will never have seen a nursing mother before.

I remember being asked to go nurse in the toilet when I was breastfeeding my newborn daughter in a cafe while sipping a fresh orange juice and reading the newspaper. It was a hot summer, and many customers were wearing a whole lot less than I was, and showing much more of their breasts. I was shocked. Mothers who frequently nurse in public are bound to have a similar encounter at least once, but how do you respond when that happens?

Believe it or not, this type of assertive comeback can be more effective and cause fewer trouble than simply informing the person asking you to go to the bathroom of the local laws. You could try that, too, though: “The [name of relevant law] states that [mothers have the right to breastfeed their children at any location where they are otherwise permitted to be”, or whatever the specific wording of your local law is.

You may be asked to leave, cover up, or go to a bathroom or other private location. A simple answer to any such request or demand can also be: “No thank you.” You could also ask whether the asker prefers quiet breastfeeding or a crying, hungry baby. Crying is much more irritating than nursing.

If you are an unofficial member of what some call the “breastfeeding mafia”, you could also attempt to educate the asker about breastfeeding. Ask if bottle-feeding moms would receive the same request and if not — why? Reminding the person asking you to go nurse your baby elsewhere that breastfeeding has numerous health benefits could even do society as a whole a favor by normalizing breastfeeding in such a public manner. If you're speaking up now, you may save another mom from having to do the same later on!

Or, point to someone who looks less modest than you do and ask if she also has to leave/cover up/ go to the bathroom. If you aren't showing much breast or are actually using a nursing cover or blanket, point out that nobody can see anything but that it would be fine even if they could.

My absolute favorite? “If my breastfeeding bothers you, feel free to place a nursing cover on your head, or why don't you go to the bathroom?”

Making Nursing In Public Work For You

Nursing moms come in all shapes and sizes, and with all kinds of personal views about what they are and aren't comfortable with. Before you head out with a baby that could be hungry at any time, it's good to think about what your personal expectations of nursing in public are. There are a few different things to consider.

What are you going to wear?

Pull-down tops work an awful lot better than lift-up tops, in my experience. The baby's head will cover most of your breast that way, and nobody will see your abdomen. Those who don't want to show any cleavage while not breastfeeding can wear a scarf, which can also double up as a nursing cover. If you're wearing a lift-up top, consider wearing a simple camisole underneath if you don't want people to see your belly. Avoiding tops that need unzipping or unbuttoning will increase your own comfort. 

Are you going to cover up?

If you feel better that way, do so by all means. Light blankets, shawls or nursing covers especially made for the purpose are all good options. Another wonderful possibility you should consider is wearing your baby on your abdomen in a baby carrier. Both mei tai carriers and wraps can be adjusted in such a way that your baby ends up at breast height. You will have your hands free, and nobody will be able to see that you are nursing unless they walk right up to you and look into the carrier.

Where do you draw the line?

I breastfed my two babies for two years each in accordance with the World Health Organization's recommendations. I was a very active mother who took her kids everywhere, and I did plenty of nursing in public — everywhere from the local park to restaurants, and even at work meetings.

It is clear that I strongly believe both in breastfeeding and nursing in public whenever the need arises. Yet, I also think that it's good to take other people's feelings into account if possible. No, I am not suggesting that you should ever feel bullied into nursing in a (by definition unhygienic) bathroom, but you also don't need to squeeze your breasts until let-down occurs so everyone can see your whole breast with milk spraying out of it. Yes, I've seen that happen and yes, I personally felt a little uncomfortable.

I'll also have you know that what is commonly referred to as "extended breastfeeding" or "breastfeeding past infancy" may be supported by the WHO and other organizations, but it's particularly disturbing to many people. I'm not arguing that that's right, just that it's true. Once your baby reaches 18 months or so and is eating plenty of solid foods, you could consider not nursing in public any more. These kids still benefit from the breast, but they won't starve if you give them a rice cracker and some water instead.