This started as a response to a single incident, but in one of those
"synchronicities," has expanded. Here is the second draft, which I plan
to send out tomorrow, but will sleep on first. I'll look on Lactnet for
your suggestions first, as well.
-------------------------------------
To the executive officer of Superior Court:
I have had complaints from my clients that breastfeeding mothers who are
involved with Family Court mediation are having their rights to
breastfeed disregarded. Typically, they are told that they should allow
their infants to be given “formula” to make shared custody in early
infancy easier for the father.
As a board-certified health care professional, and as the County of
---------'s Lactation Consultant, I would like to help clarify the
medical and legal problems with this position. Many professional health
associations have published statements on infant feeding recognizing
breastfeeding as the only physiological source of milk in an infant’s
diet. Breastfeeding experts are well aware that artificial substitutes
for breastmilk, such as infant formula, create a variety of risks to
infant and maternal health. In addition, this supplementation threatens
the viability of breastfeeding itself and creates an unreasonable burden
on both mother and child. Because of the economic and health
implications, and a woman’s right to choose the safest method of infant
feeding for her child, the State of California has made it clear that
breastfeeding—and being breastfed—are protected as civil rights. The
United States government is signatory to two international documents
stating that breastfeeding, and being breastfed, are human rights, and
has as its goal exclusive breastfeeding for the first six months of
life, and continued breastfeeding for much longer. A mediator cannot
simply set these rights and national health goals aside; nor should she
or he make a clinical recommendation to substitute non-physiologic
sources of nutrition. As an infant feeding specialist, I am careful not
to recommend use of a breastmilk substitute unless there is a medical
necessity, because of the risks that formula feeding brings to both
mother and child. Breastfeeding provides not only nutrition, but
protection, and every child and mother deserves that protection.
Many women are willing and able to produce and make available extra milk
so that others can temporarily take over their role in their absence.
Some women are willing, but unable to meet express enough breastmilk in
advance to provide for long absences. In such a case, it is futile to
insist that a woman do what she cannot. Nor should we insist that a
woman allow a risky substitute to be given if she herself is able to
provide breastmilk for her child by breastfeeding.
Court mediators have an obligation to represent the rights of the child.
If the father is unaware of the unmatchable role breastfeeding plays in
the life of his child, that is information your mediators must provide.
As a society, we cannot afford to continue as if we were unaware of the
importance of breastfeeding to the physical and emotional health and the
economic welfare of women, their children, and our community as a whole.
A woman who is breastfeeding has an idea of its worth, and has a
reasonable right to expect that the court will place a commensurately
high value on, and so help to protect, the breastfeeding relationship.
Our county works hard to increase breastfeeding frequency, exclusivity,
and duration, so that our children and mothers don't suffer losses in
health and development caused by a lack of breastfeeding. Please help
our efforts. Family Court Services must act quickly to implement a
policy which promotes, supports and protects breastfeeding, and make
that policy known to all.
I look forward to hearing from you soon. Sincerely yours,
Arly Helm, MS, CLE, IBCLC, RLC
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