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De Facto Parent Recognition

United States Map
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 rights 40% of LGBT population lives in states allowing limited recognition of de facto parents as a basis for visitation and/or custody 38% of LGBT population lives in states where recognition of de facto parents is uncertain or may require compelling circumstances for recognition 19% 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

No recognition
State De Facto Parent Recognition
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming


Choose a State

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Data current as of 05/22/2013