Adoption

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