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Maine is one of the states that require courts to consider breastfeeding of a baby under one year of age in deciding parental responsibility issues in divorce and separation cases. Moreover, Maine also enacted a law that clarifies women have a right to breastfeed in public where they have a right to be.

19 M.R.S. § 1653(P)



3. BEST INTEREST OF CHILD. The court, in making an award of parental rights and responsibilities with respect to a child, shall apply the standard of the best interest of the child. In making decisions regarding the child’s residence and parent-child contact, the court shall consider as primary the safety and well-being of the child. In applying this standard, the court shall consider the following factors:

P. If the child is under one year of age, whether the child is being breast-fed.

5 M.R.S. § 4634,



Right to Breast-feed
Notwithstanding any other provision of law, a mother may breast-feed her baby in any location, public or private, where the mother is otherwise authorized to be.

Inside Maine