Foster care nondiscrimination laws protect LGBTQ foster parents and families from discrimination by foster care agencies and officials. Some states permits state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ people and same-sex couples, if doing so conflicts with their religious beliefs.
- State statute, regulation, and/or agency policy prohibits discrimination in foster care based on sexual orientation and gender identity (28 states + D.C.)
- State statute, regulation, and/or agency policy prohibits discrimination in foster care based on sexual orientation only (6 states, 1 territory)
- No explicit protections against discrimination in foster care based on sexual orientation or gender identity (16 states, 4 territories)
State permits state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ people and same-sex couples, if doing so conflicts with their religious beliefs (14 states)
*Alabama permits discrimination only by child service agencies that do not receive government funding.
*Michigan permits discrimination only by child service agencies that do not receive government funding, but a recent federal injunction means that a trial will be held to address this law.
*Utah prohibits unmarried couples from fostering. Only legally married couples or single individuals can foster.
For additional information, contact Family Equality Council, Human Rights Campaign, or American Civil Liberties Union (ACLU).
Recommended citation:
Movement Advancement Project. "Equality Maps: Child Welfare Nondiscrimination Laws." https://www.mapresearch.org/equality-maps/foster_and_adoption_laws. Accessed [day of access].
*Michigan permits discrimination only by child service agencies that do not receive government funding, but a recent federal injunction means that a trial will be held to address this law.
*Utah prohibits unmarried couples from fostering. Only legally married couples or single individuals can foster.
For additional information, contact Family Equality Council, Human Rights Campaign, or American Civil Liberties Union (ACLU).
Recommended citation:
Movement Advancement Project. "Equality Maps: Child Welfare Nondiscrimination Laws." https://www.mapresearch.org/equality-maps/foster_and_adoption_laws. Accessed [day of access].
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.
Adoption nondiscrimination laws and policies protect LGBTQ parents and families from discrimination by adoption agencies and officials. Some states permit state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ people and same-sex couples, if doing so conflicts with their religious beliefs.
- State statute, regulation, and/or agency policy prohibits discrimination in adoption based on sexual orientation and gender identity (28 states + D.C.)
- State statute, regulation, and/or agency policy prohibits discrimination in adoption based on sexual orientation only (4 states, 1 territory)
- No explicit protections against discrimination in adoption based on sexual orientation or gender identity (18 states, 4 territories)
- State permits state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ people and same-sex couples, if doing so conflicts with their religious beliefs (14 states)*Notes (and see "Citations & More Information" below the map legend for more information about every state):
-Alabama and Michigan permit discrimination only by child service agencies that do not receive government funding.
-Utah prohibits unmarried couples from adopting. Only legally married couples or single individuals can adopt.
This map is based on analysis by MAP in consultation with American Civil Liberties Union (ACLU), Gay & Lesbian Advocates & Defenders (GLAD), Lambda Legal, and the National Center for Lesbian Rights (NCLR).
Recommended citation:
Movement Advancement Project. "Equality Maps: Child Welfare Nondiscrimination Laws." https://www.mapresearch.org/equality-maps/foster_and_adoption_laws. Accessed [day of access].
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.
- 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.)
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 % of LGBTQ population live in states where parents in legally recognized relationships have access to stepparent adoption statewide
49 % of LGBTQ population lives in states where parents can petition for second-parent adoption statewide, regardless of marital status
This map shows which states have explicit state-based statutory, regulatory, and/or agency policy protections against discrimination for youth in the child welfare system. These protections prohibit discrimination against youth in the child welfare system based on sexual orientation and gender identity.
- Statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based on sexual orientation and gender identity (35 states , 1 territory + D.C.)
- Statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based only on sexual orientation (8 states)
- No statute, regulation, and/or agency policy on discrimination based on sexual orientation and gender identity in child welfare (7 states, 4 territories)
Explicit guidance about transgender youth in the child welfare system being placed in housing according to their gender identity (14 states)- Requires LGBTQ-inclusive cultural competency training for child welfare staff and/or foster parents (13 states)
In addition to these explicit policies, several states have policies that prohibit discrimination based on “sex.” Although such policies do not explicitly prohibit discrimination based on gender identity and are therefore not included on this map, advocates may be able to utilize these protections to protect transgender youth as case law evolves.
This map also includes the states in which there are laws or regulations that require current and prospective foster parents and child welfare staff to receive training about LGBTQ youth in areas like cultural competency and legal requirements, as well as the states with laws requiring that transgender youth be placed in accordance with their gender identity. Only states with explicit legal guidance for transgender youth placement are included. These laws and regulations are designed to improve the safety and outcomes for LGBTQ youth in the child welfare system.
For more information, please contact Lambda Legal.
Recommended citation:
Movement Advancement Project. "Equality Maps: Child Welfare Nondiscrimination Laws." https://www.mapresearch.org/equality-maps/foster_and_adoption_laws. Accessed [day of access].
Movement Advancement Project. "Equality Maps: Child Welfare Nondiscrimination Laws." https://www.mapresearch.org/equality-maps/foster_and_adoption_laws. Accessed [day of access].
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.
Key
- State has law that only covers sexual orientationLaw covers sexual orientation
- State has law that covers sexual orientation and gender identityLaw covers sexual orientation and gender identity/expression
- State does not have this law Religious exemptions in child welfare system
| State | Foster Care | Adoption | LGBTQ Youth in Child Welfare |
Religious Exemptions in Child Welfare |
| Citations | Citations | Citations | ||
| Alabama | State does not have this law | |||
| Alaska | ||||
| American Samoa | ||||
| Arizona |
State has law that only covers sexual orientation |
State has law that covers sexual orientation and gender identity |
State does not have this law | |
| Arkansas | ||||
| California |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Colorado |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Connecticut |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Delaware |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| District of Columbia |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Florida |
State has law that covers sexual orientation and gender identity |
|||
| Georgia | ||||
| Guam | ||||
| Hawaii |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Idaho |
State has law that covers sexual orientation and gender identity |
State does not have this law | ||
| Illinois |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Indiana |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
State has law that covers sexual orientation and gender identity |
|
| Iowa |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Kansas | State does not have this law | |||
| Kentucky |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Louisiana |
State has law that only covers sexual orientation |
|||
| Maine |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Maryland |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Massachusetts |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Michigan |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State does not have this law |
| Minnesota |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Mississippi |
State has law that covers sexual orientation and gender identity |
State does not have this law | ||
| Missouri |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
|
| Montana |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
|
| Nebraska | ||||
| Nevada |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| New Hampshire |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| New Jersey |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| New Mexico |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| New York |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| North Carolina |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| North Dakota |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State does not have this law |
| Northern Mariana Islands | ||||
| Ohio |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Oklahoma |
State has law that covers sexual orientation and gender identity |
State does not have this law | ||
| Oregon |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Pennsylvania | ||||
| Puerto Rico |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
State has law that covers sexual orientation and gender identity |
|
| Rhode Island |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| South Carolina |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
State does not have this law |
| South Dakota |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State does not have this law |
| Tennessee |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State does not have this law |
| Texas | State does not have this law | |||
| U.S. Virgin Islands | ||||
| Utah |
State has law that covers sexual orientation and gender identity |
State does not have this law | ||
| Vermont |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Virginia |
State has law that only covers sexual orientation |
State does not have this law | ||
| Washington |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| West Virginia |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Wisconsin |
State has law that only covers sexual orientation |
State has law that only covers sexual orientation |
||
| Wyoming |
State has law that only covers sexual orientation |
Data current as of 11/06/2024
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