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Other Parental Recognition Laws

United States Map
State has laws that create legal ties to both parents for children born to same-sex parents in a legally recognized relationship (marriage or comprehensive relationship recognition) (30 states + D.C.)
State has laws that create legal ties to both parents for children born to same-sex parents irrespective of parents' marital status or legal recognition of their relationship (5 states + D.C.)
State lacks clear mechanisms that create legal ties to both parents for children born to same-sex couples via donor insemination (18 states)
NOTE: In these states, a child born to a same-sex couple using donor insemination is either deemed or presumed to be the child of both parents. For more information, contact Human Rights Campaign or Family Equality Council.

Percent of LGBT Population Covered by Laws

60% of LGBT population lives in states with laws that create legal ties for children born to same-sex parents in a legally recognized relationship 9% of LGBT population lives in states with laws that create legal ties irrespective of parents' marital status or legal recognition of their relationship 36% of LGBT population lives in states lacking clear mechanisms that create legal ties to both parents
United States Map
State recognizes de facto parents and may grant them visitation, custody or full parenting rights (3 states)
States allow limited recognition of de facto parents as a basis for visitation and/or custody (25 states + D.C.)
State recognition of de facto parents is uncertain or state may require compelling circumstances for recognition (15 states)
State does not recognize de facto parents (7 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.

Percent of LGBT Population Covered by Laws

2% of LGBT population lives in states recognizing de facto parents and may grant them visitation, custody or full parenting rights 59% of LGBT population lives in states allowing limited recognition of de facto parents as a basis for visitation and/or custody 21% of LGBT population lives in states where recognition of de facto parents is uncertain or may require compelling circumstances for recognition 18% of LGBT population lives in states that do not recognize de facto parents
Recognizes same-sex parents or de facto parents

Does not recognize de facto parents


State Recognition of Parents Using Donor Insemination Recognition of De Facto Parents
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


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Data current as of 10/30/2014