Utah prohibits unmarried couples from fostering. Michigan, North Dakota, and Virginia permit state-licensed child welfare agencies to deny foster and adoption services to youth and families. Mississippi passed a law in 2016 permitting “adoption and foster care services” agencies to discriminate based on religious beliefs; H.B. 1523 (2016); this law has been challenged and overturned by a federal court and is currently stayed from enforcement. Although Obergefell v. Hodges means same-sex couples can legally marry and therefore access joint adoption across the country, the Texas Department of Family and Protective Services is currently not permitting same-sex couples to jointly adopt from foster care.

For additional information, contact Family Equality Council, Human Rights Campaign, or American Civil Liberties Union (ACLU).

Based on analysis by MAP and consultation with American Civil Liberties Union (ACLU), Gay & Lesbian Advocates & Defenders (GLAD), Lambda Legal, and the National Center for Lesbian Rights (NCLR). Access to joint adoption may require being in a legally recognized relationship, such as marriage, civil union, or domestic partnership. Michigan, North Dakota, and Virginia permit state-licensed child welfare agencies to deny foster and adoption services to youth and families. Mississippi passed a law in 2016 permitting “adoption and foster care services” agencies to discriminate based on religious beliefs; H.B. 1523 (2016); this law has been challenged and overturned by a federal court and is currently stayed from enforcement. Although Obergefell v. Hodges means same-sex couples can legally marry and therefore access joint adoption across the country, the Texas Department of Family and Protective Services is currently not permitting same-sex couples to jointly adopt from foster care.

Based on analysis by MAP and consultation with American Civil Liberties Union (ACLU), Gay & Lesbian Advocates & Defenders (GLAD), Lambda Legal, and the National Center for Lesbian Rights (NCLR). This map indicates availability of second parent adoption for same-sex couples whose relationships are not legally recognized. Availability of stepparent adoption is limited to couples who enter into legally recognized relationships in states that offer such recognition.

This map shows where explicit state-based statutory, regulatory, and policy-based non-discrimination protections in the nation’s child welfare system. These protections prohibit discrimination against youth in the child welfare system based on sexual orientation and gender identity.

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 LGBT 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 requirements for transgender youth placement are included to the exclusion of those with recommendations and those that consider housing placements on a case-by-case basis. These laws and regulations are designed to improve the safety and outcomes for LGBT youth in the child welfare system.

For more information, please contact Lambda Legal.