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Bill

HB 3

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BREASTFEEDING.

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 15 co-sponsors

Delaware law now explicitly protects breastfeeding in public and private spaces, removing legal barriers and preventing discrimination against nursing parents.

Signed by Governor
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Bill Summary · HB 3

Legislative bill overview

HB 3 amends Delaware's criminal code (Title 11) to provide legal protections and clarifications regarding breastfeeding in public and private spaces. The bill establishes explicit statutory language affirming a person's right to breastfeed in any location where they are otherwise lawfully permitted to be, and protects nursing parents from harassment or discrimination.

Why is this important

While breastfeeding is a fundamental health practice with documented benefits for infants and mothers, legal ambiguity in some jurisdictions has led to nursing parents being asked to leave public spaces or cover themselves. This bill provides clear statutory authority to prevent such incidents and establishes that breastfeeding is not indecent exposure or lewdness under Delaware law, reducing barriers to maternal health and child nutrition.

Potential points of contention

  • Scope of application: Questions about whether protections extend equally to all spaces (workplaces, healthcare facilities, government buildings) or if exceptions exist for private businesses
  • Enforcement mechanisms: The bill may lack clear remedies or penalties for violations, leaving enforcement ambiguous
  • Definitional clarity: Whether the amendment adequately defines "breastfeeding" and distinguishes it from other conduct, and how courts will interpret boundaries in edge cases

Compiled from official sources — confirm details with the bill’s official record.

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