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Conflict of legislative and judicial jurisdiction regarding the breastfeeding of minors " A comparative analytical study" | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 47, Volume 16, Issue: 3, September 2026, Pages 1357-1392 PDF (953.38 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.167311.1691 | ||
| Author | ||
| Diraf Mohammed Ali Hassan* | ||
| College of Law/University of Duhok | ||
| Abstract | ||
| The issue of breastfeeding a minor is a sensitive and important one in cross-border family relationships, especially since breastfeeding directly impacts the life, health, and well-being of the infant, both physically and mentally. Therefore, breastfeeding is a right of the infant from birth. However, the wet nurse must be qualified to breastfeed. If the breastfeeding is by a foreign woman, it may prevent her children from marrying the infant. Furthermore, the infant may face the problem of not being breastfed by the nursing mother or the foreign wet nurse due to family disputes between her and her husband, or between the infant's father and the foreign wet nurse. The nursing mother may refuse to breastfeed without a valid health or humanitarian reason, or she may refuse because the infant's father has not paid her fees if obligated to do so. Similarly, the foreign wet nurse may refuse to breastfeed because the infant's father has not paid her fees, or the infant's father may refuse to hand over his child to the wet nurse. The issue of breastfeeding, specifically the wet nurse's eligibility to breastfeed, requires legal regulation and resolution. This includes determining the wet nurse's capacity, obligating her to breastfeed, prohibiting marriage between her children and the infant, defining the infant's rights, and determining who is responsible for paying breastfeeding fees. | ||
| Keywords | ||
| Breastfeeding; Infant; Foreign element; Foreign wet nurse; Summary court | ||
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