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June 16, 2020 by admin

LGBTQ+ Discrimination Faced When Fostering or Adopting Children

Some states permit state-licensed child welfare agencies to refuse to place and provide services to certain children and families, including LGBTQ+ people and same-sex couples, if doing so would conflict with their religious beliefs. The LGBTQ+ community has a lot of discrimination they have to fight in order to adopt or foster. 

Foster Care Discrimination

There is currently a trial in Michigan to address the laws that they have in place that permit discrimination only by child service agencies that do not receive government funding. Unlike Michigan, Alabama is not under trial and has a law permitting discrimination by child service agencies that do not receive government funding. Utah prohibits unmarried couples from fostering, therefore, only legally married couples or single individuals can foster. 

Percentage Under Laws:  

  • Around 52 percent of the LGBTQ+ population lives in states which have statutes, regulations, or agency policies prohibiting discrimination in foster care based on sexual orientation and gender identity.
  • Around 8 percent of the LGBTQ+ population lives in states which have statutes, regulations, or agency policies prohibiting discrimination in foster care based on sexual orientation only. 
  • Around 40 percent of LGBTQ+ population lives in states which have no explicit protections against discrimination in foster care based on sexual orientation or gender identity. 
  • Around 20 percent 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 Discrimination

There is a slight increase of the population that lives in states that allows for LGBTQ+ discrimination. This is slightly increased due to Alabama and Michigan permitting discrimination not only by child service agencies that receive government funding. Utah prohibits unmarried couples from adopting, therefore, only legally married couples or single individuals can foster.

Percentage Under Laws:  

  • Around 52 percent of the LGBTQ+ population lives in states which have statutes, regulations, or agency policies prohibiting discrimination in foster care based on sexual orientation and gender identity.
  • Around 7 percent of the LGBTQ+ population lives in states which have statutes, regulations, or agency policies prohibiting discrimination in foster care based on sexual orientation only. 
  • Around 41 percent of LGBTQ+ population lives in states which have no explicit protections against discrimination in foster care based on sexual orientation or gender identity. 
  • Around 20 percent 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. 

If you or someone you know is looking to foster or adopt, contact a family lawyer, like a family lawyer in Arlington, TX, for assistance. 

Thanks to Brandy Austin Law Firm for their insight into some of the discrimination the LGBTQ+ population has to deal with when fostering or adopting children. 

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