This map shows the states in which a non-gestational and non-genetic parent can be considered a legal parent by the state. For example, when a woman consents to have a child with her wife through donor insemination, the non-gestational mother is a legal parent (just as a woman’s husband would be a legal parent of a child they have using donor insemination, even though he is not the biological father). In some states, being married is not a requirement for parental recognition for a non-gestational and non-genetic parent. The process of “consenting to insemination” allows parents in some states a way to establish a legal relationship to the child irrespective of the parents’ marital status. Note that even if assisted reproduction laws do not exist or apply, other laws may protect married or unmarried parents, depending on the state.
State recognizes the non-gestational parent as a legal parent, regardless of marital status, if the non-gestational parent consents to the conception of a child born using assisted reproduction (16 states + D.C.)
State recognizes the non-gestational parent as a legal parent if the couple is married*, but state lacks clear and direct statute or case law for couples who are not married (34 states, 5 territories)
State does not recognize non-gestational parent as a legal parent* (0 states)
* Because of several U.S. Supreme Court cases including Obergefell and Pavan, all states must extend the same rights and benefits to same-sex married couples that are extended to different-sex married couples, including recognizing a non-gestational parent as a legal parent. Therefore, consent to inseminate is not necessary to establish a legal relationship to a child.
This map was developed in collaboration with the National Center for Lesbian Rights (NCLR). For more information about these topics and active litigation, visit NCLR.
Recommended citation:
Movement Advancement Project. "Equality Maps: Other Parental Recognition Laws." https://www.lgbtmap.org/equality-maps/other_parenting_laws. Accessed 05/30/2023.
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.
38 % of LGBTQ population lives in states that recognize the non-gestational parent as a legal parent, regardless of marital status, if the non-gestational parent consents to the conception of a child born using assisted reproduction
62 % of LGBTQ population lives in states that recognize the non-gestational parent as a legal parent if the couple is married*, but state lacks clear and direct statute or case law for couples who are not married
0 % of LGBTQ population lives in states do not recognize non-gestational parent as a legal parent
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 they shared (usually at least equally) in primary childcare responsibilities. This can be any person who meets certain criteria and acts as a parent in a child’s life, such as a same-sex parent, grandparents, stepparents, aunts, uncles, or other loved ones. De facto parenting laws and court cases provide these parents with some legal rights to the child, such as possibly granting visitation, custody, or even full parenting rights. Note that the rights afforded to de facto parents may vary by state, and that the actual legal term used may also vary by state (e.g., de facto, in loco parentis, third party, etc). Note also that other laws may allow parents to establish legal parentage, depending on the state. This map is not legal advice.
State recognizes de facto parents(36 states , 1 territory + D.C.)
State recognition of de facto parents is uncertain or state may require parent to provide specific evidence (9 states, 4 territories)
State does not recognize de facto parents (5 states)
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.
67 % of LGBTQ population lives in states recognizing de facto parents
23 % of LGBTQ population lives in states where recognition of de facto parents is uncertain or may require parent to provide specific evidence
10 % of LGBTQ population lives in states that do not recognize de facto parents
