Brandon Family Law Center, LLC
Call for help

How LGBTQ adoption laws vary from state to state

In 2015, the Supreme Court held that gay couples had the right to marry in every state. However, laws about other rights for LGBTQ couples vary widely from state to state – adoption laws in particular. Some states have passed legislation to protect adoptive parents from discrimination based on their sexual orientation or gender identity. Others have remained silent on the issue. Still, others have laws that seem to contradict themselves.

In today’s post, we take a closer look at different laws that impact couples’ ability to adopt.

Protection only goes so far in some states

Laws relating to adoption for LGBTQ couples can be complicated, even contradictory. Michigan, for example, prohibits discrimination based on sexual orientation or gender identity during the adoption process. At the same time, another law in the same state allows state-licensed adoption agencies to refuse service to LGBTQ couples for religious reasons.  

When organizations can refuse adoption assistance

The following nine states have laws allowing groups to refuse adoption help to LGBTQ couples:

  • North Dakota
  • South Dakota
  • Kansas
  • Oklahoma
  • Texas
  • Mississippi
  • Alabama
  • South Carolina
  • Virginia

Florida’s ban on adoption by gay couples was ruled unconstitutional in 2010, and LGBTQ adoption officially legalized in 2015. State-run agencies in Florida cannot discriminate based on someone’s sexual orientation. However, since there is no law to the contrary, organizations that do not receive state funding may still be able to refuse service based on their religious beliefs.

An attorney well-versed in Florida’s adoption laws can help individuals and couples understand how these different rules may impact their ability to adopt. They can help adoptive parents protect their rights and get the assistance they need to expand their family.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Contact Us For A Consultation

No matter what's your family's need, Brandon Family Law Center has the knowledge and experience to help you. To schedule an initial consultation to discuss your case with the experienced and caring divorce and family lawyers at Brandon Family Law Center, email or call us at 813-438-7119.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location:

Brandon Family Law Center, LLC

Brandon Office
1038 E. Brandon Blvd.
Brandon, FL 33511

Phone: 813-438-7119
Fax: 813-654-6830
Brandon Law Office Map

Tampa Office
601 N. Ashley Dr.
Suite 1100
Tampa, FL 36602

Map & Directions

Proudly associated with

  • Florida Adoption Council
  • IACP | International Academy Of Collaborative Professionals
  • BNI
  • The Greater Riverview Chamber of Commerce