For a nursing mother, being summoned to a courthouse without proper lactation rooms or scheduling flexibility is a major concern. Here is everything you need to know about the new 2026 protections.
Historically, federal and state courts treated breastfeeding mothers inconsistently. Some judges were accommodating, while others refused to grant postponements. The Jury Duty Exemption for Breastfeeding Act of 2026 (and similar state-level bills) was introduced to create a standard, blanket protection.
Under these new protections, nursing individuals summoned for federal and participating state court service can be excused simply by providing a written request, completely bypassing the need for a physician's note.
While the federal system is catching up, over 20 states already have explicit laws protecting nursing mothers. States like California, New York, and Illinois allow mothers to simply check a box on their summons to defer service for up to a year or be completely excused. In 2026, many conservative states are also actively debating adopting similar measures.
Do not just ignore the summons. To claim the exemption, you must fill out the 'Request for Excuse' section on your juror portal or paper summons. State clearly: "I am currently a nursing mother and require an exemption under state/federal provisions." If you are forced to appear, contact the Jury Commissioner immediately to verify if the courthouse has dedicated, private lactation rooms.
Nursing mothers in 2026 have more legal protections than ever before. Always respond to your summons immediately with a formal written request for excusal.