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Second-Parent Adoption Laws

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  • Parents in legally recognized relationships can petition for stepparent adoption statewide; relies on access to marriage or relationship recognition(50 states , 5 territories + D.C.)
  • Parents can petition for second-parent adoption statewide, regardless of marital status (20 states , 1 territory + D.C.)

Citations & More Information

Percent of Adult LGBTQ Population Covered by Laws

*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

100%

100 % of LGBTQ population live in states where parents in legally recognized relationships have access to stepparent adoption statewide

49%

49 % of LGBTQ population lives in states where parents can petition for second-parent adoption statewide, regardless of marital status

Data current as of 11/06/2024
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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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