Generally, no. All 50 states (plus Washington, D.C., Puerto Rico, and the Virgin Islands) have laws that specifically allow breastfeeding in public places. Many states, including Florida, allow breastfeeding in “any location, public or private” where the mother is otherwise authorized to be. (Fla. Stat. § 383.015 (2022).) The law in California is similar, except that there’s no legal right to breastfeed in a private residence. (Cal. Civ. Code § 43.3 (2022).) Ohio is one of several states that allow breastfeeding in “places of public accommodation,” which generally includes hotels, restaurants, stores, movie theaters, airports, train stations, and other facilities that are open to the public. (Ohio Rev. Code §§ 3781.55; 4112.01 (2022).)
A few states include special limitations in their breastfeeding laws. For instance, in Illinois, a mother may breastfeed in a church or other place of worship if she “comports her behavior with the norms appropriate in that place of worship.” (740 Ill. Comp. Stat. § 137/10 (2022).) In Missouri, a mother may breastfeed in any public or private location, if she acts “with discretion.” (Mo. Rev. Stat. § 191.918 (2022).) However, the trend is to get rid of these limitations. For instance, North Dakota’s laws were amended in 2021 to remove the previous restriction that women act “in a discreet and modest manner” when breastfeeding in public. (2021 N.D. Laws, ch. 203, amending N.D. Cent. Code §§ 23-12-16, 12.1-20-12.1) (2022).)
Most states have laws against public nudity and indecent exposure, but these laws usually don’t apply to breastfeeding. In fact, over 30 states specifically exempt breastfeeding from public nudity or indecency laws. For example, breastfeeding a baby in Florida is never considered “sexual conduct,” “obscene,” or “harmful to minors” for criminal law purposes. (Fla. Stat. § 847.001 (2022).) Many states’ laws also clarify that breastfeeding in public is legal whether or not the mother’s nipple is uncovered while she’s breastfeeding. (N.Y. Civ. Rights Law § 79-e (2022); 740 Ill. Comp. Stat. § 137/10 (2022).)
Not all states include a breastfeeding exemption in their public nudity or indecency laws. Even so, it’s unlikely that law enforcement would issue a citation or try to prosecute a mother for breastfeeding in public, and even more unlikely that a judge would uphold it. If you have a particular concern, an experienced lawyer can help you understand the laws that apply in your state.
An increasing number of public buildings have started to install lactation rooms, which may be used for breastfeeding or pumping breastmilk. In fact, a federal law called the “Fairness for Breastfeeding Mothers Act” now requires certain public buildings, including federal courthouses and post offices, to offer a private, hygienic space for members of the public to express breastmilk. (40 U.S.C. § 3318 (2022).)
Several states, including New York and Louisiana, also have laws requiring lactation spaces in certain public buildings owned or operated by the state. (N.Y. Pub. Build. Law § 144 (2022); La. Rev. Stat. § 49:148.4.1 (2022).)
The federal government and many states have antidiscrimination laws that protect lactation and breastfeeding in the workplace. But those protections generally don’t apply to breastfeeding in public places. A few states have laws that make denying the right to breastfeed in public an illegal form of discrimination.
The methods for enforcing these laws (if any) vary by state. In New Jersey, a person who restricts the right to breastfeed in a public facility may be fined by the local health board. (N.J. Rev. Stat. § 26 :4B-5 (2022).) Under Connecticut law, denying the right to breastfeed in public is a misdemeanor, subject to fines or jail time. (Conn. Gen. Stat. 46A-64 (2022).) A few other states, including Michigan, specifically grant mothers the right to sue the owner or operator of a public facility for breastfeeding discrimination. (Mich. Comp. Laws §§ 37.231-37.233 (2022).)
It’s generally not illegal to breastfeed in public in the United States, so in most cases you have a right to stay and feed your child. However, there are some exceptions, and unfortunately other people aren’t always informed about the laws that protect your right to breastfeed. If a business owner insists that you cover up or leave their establishment, the wisest choice might be to leave and speak with a lawyer to find out if you have any recourse. Depending on the laws in your state, you might be able to file a complaint or sue the business for discrimination.
You can find information about the health benefits of breastmilk and the rights of lactating mothers on the websites of the American Academy of Pediatrics and the Center for Disease Control and Prevention. Breastfeeding advocacy groups like La Leche League International also offer online and in-person resources.
]]>We believe the local high school coach has been verbally and mentally abusive to the athletes. He uses profane language, calls the athletes names such as "Fat Ass," and refers to the athletes' parents as "F*** Heads." He has also been observed striking one of the athletes on the arm during a game and then clasping his hands behind his back as he furtively looked into the bleachers. The community is outraged but the principal and the school district will not take action. What can we do?
Nothing will speak more loudly than the knowledge that interested parents and others in the community are watching and ready to take action to right wrongs.
Every state, county, and local Board of Education has rules of conduct for its teachers and staff. Get a copy of them and give them to the coach.
Then try these actions in the following order.
Here's how to get a Social Security number for your baby.
The easiest way to apply for a Social Security number for your newborn is to complete a birth registration form at the hospital—hospitals usually distribute them while the mother is still a patient. When you apply at the hospital, the same agency that issues birth certificates will pass the information along to the SSA. You can expect to get your baby’s Social Security card in one to six weeks, depending on how long your state takes to process the application.
However, if you didn't deliver your baby in the hospital or if for some other reason you were never given a birth registration form to complete, you can request a number by starting an application online. The online application portal walks you through the process step by step.
After submitting your online application, you’ll need to bring the following documentation to your local SSA office within 45 calendar days:
The documents will need to be either originals or copies certified by the issuing agency.
If you'd prefer, you can send in a completed Form SS-5 along with your identification documents to your local SSA office by mail (the SSA will return all documents to you). Most people apply in person, however, because you'll need to provide the SSA with originals or certified copies of all identification documents.
Once you've submitted your application, you should receive a Social Security card in six to 12 weeks. It might take substantially longer to process your application if your child is one year of age or older, because the SSA will contact your state's department of vital statistics to confirm that the birth certificate you have provided is valid.
If the child you are adopting is a United States citizen, your child might have a Social Security number already. If you don’t know the number, you’ll need to contact the SSA for instructions on what to do. But if you are adopting domestically and your child doesn’t have one, you can obtain an Adoption Taxpayer Identification Number (ATIN) to claim child-related tax breaks while your child's adoption is pending.
To apply for an ATIN, complete IRS Form W-7A, Application for Taxpayer Identification Number for Pending U.S. Adoptions. Once you’ve submitted the application, it takes about four to eight weeks to get the ATIN. The ATIN will be valid for only two years, at which point you can extend it if your child's adoption is still not final. Once the adoption is final, you must stop using the ATIN and get a Social Security number for your child following the process described above.
If you are adopting a child from another country, you will have to wait until the adoption is final and your child has entered the United States before you can obtain a Social Security number for your child. Once that happens, you can use the process described above.
]]>But becoming a parent isn't as scary as you might think. By taking some time now to become informed, you can save yourself worry and trouble later—and begin to put all of the necessary plans in place. The checklist below will give you a place to start.
For all expectant parents—birth or adoptive, mother or father, married or single, straight or gay—the complications begin even before that first cuddle with a new baby. Here are some questions to consider as you prepare for your baby's arrival:
Once your baby arrives, issues and questions will pop up daily. Of course, you'll have lots of questions about your baby's health and development, but there will be practical issues to deal with as well. For example:
At some point after their baby is born, many parents must leave the loving bubble of their new family and return to work. If you are faced with this situation, you'll need to answer the following questions:
In addition to coping with—and enjoying—your day-to-day life with your child, you'll be thinking about your child's future. Here are a few questions to ask yourself:
Starting a family means making a number of decisions about your life, your future, and the future of your family. The more you know, the better your decisions will be—and the more rewarding your experience.
]]>Providing for everyone you love can get tricky. You need an estate plan that fits you and your situation. Without one, you have no way of making sure that what you want to happen will actually happen. Relying on your spouse and children to "work it out" is not a plan. The good news is that you're not in this alone. Resources are available to help you get the plan you want.
To get started on a plan that's tailored to your needs, take the following steps:
Steal some quiet time to figure out your most important estate planning goals and what you would like to have happen with you and your assets (house, car, jewelry and other personal items, investments, insurance, retirement plans. and brokerage accounts) when you or your spouse pass away. Pick a time and place free of distractions, and be prepared to listen. You'll probably want to take some time to reflect before making important decisions about these issues.
Your wishes might change based on who passes away first, so think through each scenario, unpleasant as it may be.
Review any beneficiary designations you have made on insurance policies or retirement accounts. Many people forget to change their beneficiary designations when they get divorced or remarried, so make sure your accounts and plans and insurance beneficiaries are up-to-date with your wishes. You may be surprised at what you find!
If you know there are specific items you'd like to leave your children, start putting together a list. Make a note to address these in writing in your final plan. One of the biggest mistakes people in blended families make is that they're not specific about leaving property to their children. This can create disappointment and tension if the children don't receive an item they're convinced their parent wanted them to have--even if it's of little financial value.
Learn about tools and techniques that can help you get where you want to go. Leaving property outright (that is, with no strings attached) to the surviving spouse may not be the best approach, because it doesn't ensure that the children ultimately benefit. As a result, many people in blended families use trusts to provide for a spouse, while making sure their children ultimately end up with their property. Other techniques can accomplish the same purpose or save on estate taxes, if that's a concern.
Finally, find an estate planning attorney in your state with experience in blended families to guide you all the way to a completed plan. Remember, until you get your plan finalized, there's no way of confirming your wishes will be respected.
Good luck, and get going!
]]>Before you set up your first obstetrician or midwife appointment, it's smart to figure out what your health insurance will (and won't) cover. Get the answers to the following questions from your company's benefits department or through your health insurance plan's customer service hotline:
If you want to use a certified nurse midwife or deliver your baby in a birth center or at home, find out what coverage your plan provides in these situations. Most plans cover a certified nurse midwife, and some will pay for a delivery at selected birth centers. Very few insurance plans cover home births, however.
With the arrival of a new baby comes the arrival of medical bills from the pediatrician, the nursery, and (in some cases) the neonatal intensive care unit (NICU). In fact, a bill from the hospital may be the first piece of mail your baby receives. Here are some questions to ask to cover your insurance bases before your baby arrives:
Life is rarely predictable, especially when it comes to work. If you happen to lose your job or change jobs during your pregnancy or soon after your baby is born, you'll need to pay careful attention to health insurance issues. Otherwise, you could be left uninsured at one of the most important (and expensive) times in your life.
When you change jobs, you usually give up health insurance coverage through your former employer and sign up for health benefits with your new employer. But expectant parents need to be especially careful when making job-related health insurance changes. This is because some employers impose a waiting period of a few months before you are eligible for health insurance coverage. If your baby is born while you are waiting for your benefits to kick in, you'll be responsible for the bills.
Even if you are immediately eligible for health insurance benefits through your new employer, look before you leap: The terms of your new health insurance plan could be quite different than those of your old plan, and you may be forced to switch physicians at a very inconvenient time -- midway through your pregnancy, for example. You also need to watch out for exclusions for preexisting conditions --your pregnancy could qualify.
The smartest option is often to continue health insurance coverage under your old employer's plan, at least until you deliver your baby. Thanks to a federal law called COBRA, you can keep your health insurance coverage for up to 36 months after you leave your job if you work for an employer with 20 or more employees. (If you work for a smaller employer, your state might have a law similar to COBRA that can help you.)
COBRA coverage will cost you quite a bit more than you're used to paying, however: usually your full premium, plus up to 2% for administrative costs. But the added expense will be well worth it if your new employer imposes a waiting period for health benefits or if the new plan is more restrictive than your current one.
If you happen to lose your job during your pregnancy, COBRA and similar state laws can be a lifesaver. Unless you can immediately sign up for health insurance coverage through your spouse or partner's employer-sponsored plan, it's very important that you sign up for continuation of your current health insurance benefits through COBRA or a similar state law. Without this coverage, you'll have to pay out of pocket for your prenatal and maternity care, and for your child's health bills.
You can find a complete discussion of common health insurance issues for new and expectant parents in Parent Savvy: Straight Answers to Your Family's Financial, Legal & Practical Questions, by Nihara Choudhri (Nolo).
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