Pennsylvania


Pennsylvania recently enacted its first law regarding breastfeeding exempting breastfeeding from criminal laws, and giving women “permission,” but not the “right,” to breastfeed.

35 P.S. § 636.2 et seq.  (2007) 

35 P.S. § 636.2.  Declaration of policy

The General Assembly finds that breastfeeding a baby is an important and basic act of nurturing that must be protected in the interests of maternal and child health and family values. 

§ 636.3.  General rule

A mother shall be permitted to breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present, irrespective of whether or not the mother’s breast is covered during or incidental to the breastfeeding. 

§ 636.4.  Freedom to breastfeed

The act of breastfeeding shall not be considered:

(1) Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure).

(2) Open lewdness as defined in 18 Pa.C.S. § 5901 (relating to open lewdness).

(3) Obscenity or sexual conduct as defined in 18 Pa.C.S. § 5903  (relating to obscene and other sexual materials and performances

(4) A nuisance as defined in 18 Pa.C.S. § 6504 (relating to public nuisances).

Pennsylvania: City of Philadelphia City Ordinance 9-1105

City Ordinance 1996 Amends Section 9-1105 of the Fair Practices Code entitled “Unlawful Public Accommodations Practice” to prohibit a breastfeeding mother from or segregate a breastfeeding mother within any public accommodation where she would otherwise be authorized to be irrespective of whether or not the nipple of the mother’s breast is covered during or incidental to breastfeeding.