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State recognizes de facto parents and may grant them visitation, custody or full parenting rights (2 states)
States allow limited recognition of de facto parents as a basis for visitation and/or custody (22 states + D.C.)
State recognition of de facto parents is uncertain or state may require compelling circumstances for recognition (18 states)
State does not recognize de facto parents (8 states)
NOTE:
A "de facto parent" is someone other than a legal parent who, for reasons other than financial compensation, formed a child-parent relationship in which he or she
shared (usually at least equally) in primary childcare responsibilities. This can be any person who acts as a parent in a child’s life and meets certain criteria,
including same-sex parents, grandparents, stepparents, aunts, uncles or other loved ones. Analysis by the Movement Advancement Project.
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Percent of LGBT Population Covered by Laws
3% of LGBT population lives in states recognizing de facto parents and may grant them visitation, custody or full parenting rights40% of LGBT population lives in states allowing limited recognition of de facto parents as a basis for visitation and/or custody38% of LGBT population lives in states where recognition of de facto parents is uncertain or may require compelling circumstances for recognition19% of LGBT population lives in states that do not recognize de facto parents
De Facto Parent Recognition by State
Recognizes de facto parents and may grant them visitation, custody or full parenting rights