Is Breastfeeding During Sex Legal?

by Kaitlin Kimont

While there is an exhausting debate going on about where and when nursing mothers can feed their children, one parent has thrown the conversation for a loop. After vlogger Tasha Maile uploaded a controversial video explaining that she nurses her baby while having sex, many people had a lot of opinions about it. But regardless of whether others think it's bit strange to do or totally OK, is it even legal to breastfeed during sex?

There are 49 states have laws that specifically allow mothers to breastfeed in any public or private location, but the verdict on whether doing so during sex appears to be more opinion-based and age-dependent, rather than a simple "yes" or "no" answer.

As Fit Pregnancy previously reported, a lot of new parents have sex with their baby in the room as they simply have no other choice. But having sex while breastfeeding is a gray area and it seems to be up to each individual parent to determine if it crosses a line. It is, however — and this is where age is likely a factor — against the law to "expose" your child to sexual activity in the state of New York.

But during a recent interview with This Morning, Maile defended her decision and explained why she thinks it's totally fine to do.

"If the baby is OK, the baby’s OK," Maile told This Morning hosts Phillip Schofield and Holly Willoughby earlier this week. "They’re not sitting there judging you and thinking 'my mom and dad are having sex.' It’s a 2-or 3-month-old baby. They’re so innocent."

"The baby was sleeping while breastfeeding, he was very attached to me," Maile explained during the same interview. "If your baby is sleeping, again being an adult about the conversation, we all like sex, there’s no secret about it. I think it's totally fine if the baby is sleeping."

But not a lot of parents who viewed her video, which was originally uploaded back in 2015, felt the same.

"Breastfeeding your children is great. Sex is also great," one viewer wrote of the YouTube video. "Having sex WHILE your child is nursing is f**king creepy! I agree with her that sex is important and natural but come on not while you are feeding your baby! Wait a few minutes!"

Meanwhile, others viewers came to her defense, agreeing with Maile and revealing they've also done it.

"I have breastfed my daughter while having sex when she was younger," another viewer wrote of the video last year. "She was stuck to me like glue and after having a new baby sex was the only thing keeping my sanity. So yes I had sex while nursing at night."

So is it legal to breastfeed during sex? It seems to depend on a lot of factors, including your child's age and awareness. While Maile admitting that she's done it may make some parents cringe, she's the one who will be the judge of those factors. And until the law decides if it wants to have a say on this one, well, to each her own.