Movement Advancement Project | Child Welfare Nondiscrimination Laws

Foster care nondiscrimination laws protect LGBTQ foster parents and families from discrimination by foster care agencies and officials. Some states permits state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ people and same-sex couples, if doing so conflicts with their religious beliefs.

State statute, regulation, and/or agency policy prohibits discrimination in foster care based on sexual orientation and gender identity (29 states + D.C.)
State statute, regulation, and/or agency policy prohibits discrimination in foster care based on sexual orientation only (5 states, 1 territory)
No explicit protections against discrimination in foster care based on sexual orientation or gender identity (16 states, 4 territories)
State permits state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ people and same-sex couples, if doing so conflicts with their religious beliefs (14 states)

Citations & More Information

*Alabama permits discrimination only by child service agencies that do not receive government funding.
*Michigan permits discrimination only by child service agencies that do not receive government funding, but a recent federal injunction means that a trial will be held to address this law.
*Utah prohibits unmarried couples from fostering. Only legally married couples or single individuals can foster.

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

Recommended citation:
Movement Advancement Project. "Equality Maps: Child Welfare Nondiscrimination Laws." https://www.mapresearch.org/equality-maps/foster_and_adoption_laws. Accessed [day of access].

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.

60%

60 % of LGBTQ population lives in states which have statutes, regulations, and/or agency policies prohibiting discrimination in foster care based on sexual orientation and gender identity

9 % of LGBTQ population lives in states which have statutes, regulations, and/or agency policies prohibiting discrimination in foster care based on sexual orientation only

31%

31 % of LGBTQ population lives in states which have no explicit protections against discrimination in foster care based on sexual orientation or gender identity

26%

26 % of LGBTQ population lives in states permitting state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ people and same-sex couples, if doing so conflicts with their religious beliefs

Key

State has law that only covers sexual orientationLaw covers sexual orientation
State has law that covers sexual orientation and gender identityLaw covers sexual orientation and gender identity/expression
State does not have this law Religious exemptions in child welfare system

Data current as of 04/14/2025

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State	Foster Care	Adoption	LGBTQ Youth in Child Welfare	Religious Exemptions in Child Welfare
	Citations	Citations	Citations
Alabama				State does not have this law
Alaska
American Samoa
Arizona	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State does not have this law
Arkansas
California	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Colorado	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Connecticut	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Delaware	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
District of Columbia	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Florida			State has law that covers sexual orientation and gender identity
Georgia
Guam
Hawaii	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Idaho			State has law that covers sexual orientation and gender identity	State does not have this law
Illinois	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Indiana	State has law that only covers sexual orientation	State has law that only covers sexual orientation	State has law that covers sexual orientation and gender identity
Iowa	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Kansas				State does not have this law
Kentucky	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Louisiana			State has law that only covers sexual orientation
Maine	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Maryland	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Massachusetts	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Michigan	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State does not have this law
Minnesota	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Mississippi			State has law that covers sexual orientation and gender identity	State does not have this law
Missouri	State has law that only covers sexual orientation	State has law that only covers sexual orientation	State has law that only covers sexual orientation
Montana	State has law that only covers sexual orientation	State has law that only covers sexual orientation	State has law that only covers sexual orientation
Nebraska
Nevada	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
New Hampshire	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
New Jersey	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
New Mexico	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
New York	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
North Carolina	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
North Dakota	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State does not have this law
Northern Mariana Islands
Ohio	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Oklahoma			State has law that covers sexual orientation and gender identity	State does not have this law
Oregon	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Pennsylvania
Puerto Rico	State has law that only covers sexual orientation	State has law that only covers sexual orientation	State has law that covers sexual orientation and gender identity
Rhode Island	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
South Carolina	State has law that only covers sexual orientation	State has law that only covers sexual orientation	State has law that only covers sexual orientation	State does not have this law
South Dakota	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State does not have this law
Tennessee	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State does not have this law
Texas				State does not have this law
U.S. Virgin Islands
Utah			State has law that covers sexual orientation and gender identity	State does not have this law
Vermont	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Virginia			State has law that only covers sexual orientation	State does not have this law
Washington	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
West Virginia	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity	State has law that covers sexual orientation and gender identity
Wisconsin	State has law that only covers sexual orientation		State has law that only covers sexual orientation
Wyoming			State has law that only covers sexual orientation

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Child Welfare Nondiscrimination Laws

Percent of Adult LGBTQ Population Covered by Laws

Percent of Adult LGBTQ Population Covered by Laws

Percent of Adult LGBTQ Population Covered by Laws

Percent of Adult LGBTQ Population Covered by Laws

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