Foster Care
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
(16 states)
-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
