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Child Welfare Nondiscrimination Laws

Foster care nondiscrimination laws protect LGBTQ foster parents and families from discrimination by foster care agencies and officials. Some states permit 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.)
Statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based on sexual orientation
(34 states + 1 territory + D.C.)
No statute, regulation, and/or agency policy on discrimination based on sexual orientation and gender identity in child welfare
(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
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
(16 states)
Citations & More Information

-Alabama, Michigan, and Utah permit discrimination but only for certain agencies. See this map for more information.
-Utah prohibits unmarried couples from fostering. Only legally married couples or single individuals can foster.

Recommended citation:
Movement Advancement Project. 2026. “Equality Maps: Child Welfare Nondiscrimination Laws.”
https://mapresearch.org/equality-map/child-welfare-nondiscrimination-laws/. Data as of June 12, 2026.

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
8%
8% of LGBTQ population lives in states which have statutes, regulations, and/or agency policies prohibiting discrimination in foster care based on sexual orientation only
33%
33% of LGBTQ population lives in states which have no explicit protections against discrimination in foster care based on sexual orientation or gender identity
29%
29% 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
Adoption nondiscrimination laws and policies protect LGBTQ parents and families from discrimination by adoption agencies and officials. Some states permit 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 adoption based on sexual orientation and gender identity
(29 states + D.C.)
State statute, regulation, and/or agency policy prohibits discrimination in adoption based on sexual orientation only
(4 states + 1 territory)
No explicit protections against discrimination in adoption based on sexual orientation or gender identity
(17 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
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
(16 states)
Citations & More Information

*Notes (and see “Citations & More Information” below the map legend for more information about every state):
-Alabama, Michigan, and Utah permit discrimination but only for certain agencies. See this map for more information.
-Utah prohibits unmarried couples from adopting. Only legally married couples or single individuals can adopt. 


Recommended citation:
Movement Advancement Project. 2026. “Equality Maps: Child Welfare Nondiscrimination Laws.”
https://mapresearch.org/equality-map/child-welfare-nondiscrimination-laws/. Data as of June 12, 2026.

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 adoption based on sexual orientation and gender identity
6%
6% of LGBTQ population lives in states which have statutes, regulations, and/or agency policies prohibiting discrimination in adoption based on sexual orientation only
35%
35% of LGBTQ population lives in states which have no explicit protections against discrimination in adoption based on sexual orientation or gender identity
31%
31% 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

This map shows which states have explicit state-based statutory, regulatory, and/or agency policy protections against discrimination for youth in the child welfare system. These protections prohibit discrimination against youth in the child welfare system based on sexual orientation and gender identity.

Has explicit guidance for transgender youth placement and/or requires LGBTQ-inclusive cultural competency training for child welfare
Has explicit guidance for transgender youth placement and/or requires LGBTQ-inclusive cultural competency training for child welfare
(18 states)
Statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based on sexual orientation and gender identity
(35 states + 1 territory + D.C.)
Statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based only on sexual orientation
(7 states)
No statute, regulation, and/or agency policy on discrimination based on sexual orientation and gender identity in child welfare
(7 states + 4 territories)
Citations & More Information

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 LGBTQ 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 guidance for transgender youth placement are included. These laws and regulations are designed to improve the safety and outcomes for LGBTQ youth in the child welfare system.

For more information, please contact Lambda Legal.

Recommended citation:
Movement Advancement Project. 2026. “Equality Maps: Foster and Adoption Laws.” https://mapresearch.org/equality-map/child-welfare-nondiscrimination-laws/. Data as of June 12, 2026.

Percent of LGBTQ Youth Covered by Laws

*Note: These percentages reflect estimates of the LGBTQ youth (ages 13-17) population living in the 50 states and the District of Columbia. Estimates of LGBTQ youth in the U.S. territories or under age 13 are not available, and so cannot be reflected here. Population estimates are from The Williams Institute.

69%
69% of LGBTQ youth (ages 13-17) live in states that have statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based on sexual orientation and gender identity
10%
10% of LGBTQ youth (ages 13-17) live in states that have statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based on sexual orientation only
21%
21% of LGBTQ youth (ages 13-17) live in states that have no statute, regulation, and/or agency policy against discrimination based on sexual orientation and gender identity in child welfare

key

Law covers sexual orientation
Law covers sexual orientation and gender identity/expression
Religious exemptions in child welfare system
State Foster Care Adoption LGBTQ Youth in Child Welfare Religious Exemptions
in Child Welfare
Citation Citation Citation
Alabama
Alaska
American Samoa
Arizona
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Religious Exemptions
Arkansas
Religious Exemptions
California
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Colorado
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Connecticut
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Delaware
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
District of Columbia
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Florida
Covers SO and GI
Georgia
Guam
Hawaii
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Idaho
Covers SO and GI
Religious Exemptions
Illinois
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Indiana
Law covers sexual orientation
SO Only
Covers SO and GI
Religious Exemptions
Iowa
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Kansas
Religious Exemptions
Kentucky
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Louisiana
Covers SO Only
Maine
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Maryland
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Massachusetts
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Michigan
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Minnesota
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Mississippi
Covers SO and GI
Religious Exemptions
Missouri
Law covers sexual orientation
SO Only
Covers SO Only
Montana
Law covers sexual orientation
SO Only
Covers SO Only
Nebraska
Nevada
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
New Hampshire
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
New Jersey
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
New Mexico
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
New York
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
North Carolina
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
North Dakota
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Religious Exemptions
Northern Mariana Islands
Ohio
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Oklahoma
Covers SO and GI
Religious Exemptions
Oregon
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Pennsylvania
Puerto Rico
Law covers sexual orientation
SO Only
Covers SO and GI
Rhode Island
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
South Carolina
Law covers sexual orientation
SO Only
Covers SO Only
Religious Exemptions
South Dakota
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Religious Exemptions
Tennessee
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Religious Exemptions
Texas
Religious Exemptions
U.S. Virgin Islands
Utah
Covers SO and GI
Vermont
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Virginia
Covers SO Only
Religious Exemptions
Washington
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
West Virginia
Law covers SO and GI
Law covers sexual orientation
Covers SO and GI
Covers SO and GI
Wisconsin
Law covers sexual orientation
Covers SO Only
Wyoming
Covers SO Only