Sign Up for email alerts

Email this page

State Laws


Alabama Adoption Law

Alabama permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.

Alabama Birth Certificate Law: Gender Identity Issues

Alabama permits post-operative transsexuals to amend their sex on their birth certificates.

Alabama Custody and Visitation Law

Alabama courts use a parent’s sexual orientation to deny, restrict or modify custody and visitation. There are no reported or published opinions dealing with transgender parents or same-sex co-parents.

Alabama Donor Insemination Law

There is no provision in Alabama law on donor insemination performed on an unmarried woman.

Alabama Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

Alabama Marriage/Relationship Recognition Law

Alabama law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Alabama Non-Discrimination Law

Alabama law does not address discrimination based on gender identity or sexual orientation.

Alabama School Law

Alabama law does not address school issues relating to sexual orientation or gender identity.

Alabama Sodomy Law

The Alabama sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

Alabama Surrogacy Law

There is no provision on surrogacy in Alabama state law, but it appears to be permitted.

Alaska Adoption Law

Alaska permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.spacer

Alaska Birth Certificate Law: Gender Identity Issues

 Alaska permits post-operative transsexuals to amend their sex on their birth certificates.

Alaska Custody and Visitation Law

Alaska courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents or same-sex co-parents

Alaska Donor Insemination Law

There is no provision in Alaska law on donor insemination performed on an unmarried woman.

Alaska Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

Alaska Marriage/Relationship Recognition Law

Alaska law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Alaska Non-Discrimination Law

Alaska law does not address discrimination based on gender identity or sexual orientation.

Alaska School Laws

Alaska law does not address school issues relating to sexual orientation or gender identity.

Alaska Sodomy Law

The Alaska sodomy law was repealed in 1980.

Alaska Surrogacy Law

There is no provision on surrogacy in Alaska state law.

Arizona Adoption Law

Arizona permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. It is unclear whether a person can adopt his or her same-sex partner’s adopted child

Arizona Birth Certificate Law: Gender Identity Issues

Arizona will issue new birth certificates to post-operative transsexuals.

Arizona Custody and Visitation Law

There have been no cases dealing with gay, lesbian, bisexual or transgender parents. Arizona law, however, does not seem to permit the consideration of factors that do not affect the best interests of the child to be used in custody and visitation determinations. Although there are no published cases dealing with same-sex co-parents, state law allows for a person not legally or biologically related to petition for visitation.

Arizona Donor Insemination Law

There is no provision in Arizona law on donor insemination.

Arizona Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Arizona Marriage/Relationship Recognition Law

Arizona law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Arizona Non-Discrimination Law

Arizona law does not address discrimination based on gender identity or sexual orientation.

Arizona Surrogacy Law

Arizona law is unclear on the issue of surrogacy agreements.

Arkansas Adoption Law

It is unclear whether Arkansas permits single GLBT people to adopt. The state does not explicitly prohibit same-sex couples from adopting. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Arkansas Birth Certificate Law: Gender Identity Issues

Arkansas will issue new birth certificates to post-operative transsexuals.

Arkansas Custody and Visitation Law

Arkansas courts use a parent’s sexual orientation to deny, restrict or modify custody and visitation. There are no reported or published opinions dealing with transgender parents or same-sex co-parents

Arkansas Donor Insemination Law

Arkansas law permits unmarried women to undergo donor insemination

Arkansas Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

Arkansas Marriage/Relationship Recognition Law

Arkansas law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Arkansas Non-Discrimination Law

Arkansas law does not address discrimination based on gender identity or sexual orientation.

Arkansas School Laws

No explicit provision in Arkansas law prohibits discrimination or harassment in educational institutions based on sexual orientation or gender identity.

Arkansas Sodomy Law

The Arkansas sodomy law was struck down in 2002.

Arkansas Surrogacy Law

There is no provision on surrogacy in Arkansas state law, but it appears to be permitted.

California Adoption Law

California law affirms that a GLBT individuals can petition to adopt a child.

California Birth Certificate Law: Gender Identity Issues

California law permits transsexuals to obtain new birth certificates.

California Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There have been no cases dealing with transgender parents. The state Supreme Court has held that when a same-sex couple deliberately has a child through assisted reproduction both partners are the legal parents.

California Donor Insemination Law

California law explicitly allows artificial insemination of unmarried women and removes any paternity rights from the donor. However, the procedures must be performed with physician involvement to remove the donor’s legal rights or obligations with regard to a resulting child. 

California Hate Crimes Law

California hate crimes law addresses violence based on sexual orientation and gender identity.

California Marriage/Relationship Recognition Law

California law purports to ban recognition of marriages between same-sex couples. California domestic partnership registration allows same-sex couples the opportunity to formalize relationships.

California Non-Discrimination Law

California law explicitly prohibits discrimination based on gender identity, appearance and behavior in the areas of employment and housing.

Colorado Adoption Law

Colorado permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. A person cannot adopt his or her same-sex partner’s adopted child.

Colorado Birth Certificate Law: Gender Identity Issues

Colorado permits post-operative transsexuals to amend their sex on their birth certificates.

Colorado Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation or gender identity in custody and visitation determinations unless it is shown to adversely affect or harm the children. Courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for parental responsibilities.

Colorado Donor Insemination Law

Colorado law permits unmarried women to undergo donor insemination.

Colorado Hate Crimes Law

Colorado law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Colorado Marriage/Relationship Recognition Law

Colorado law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Colorado Non-Discrimination Law

Colorado law does not address discrimination based on sexual orientation. In some cases, however, gender identity is protected

Colorado School Laws

Colorado law does not address school issues relating to sexual orientation or gender identity.

Colorado Sodomy Law

The Colorado sodomy law was repealed in 1972.

Colorado Surrogacy Law

There is no provision on surrogacy in Colorado state law

Connecticut Adoption Law

Connecticut permits single GLBT individuals and same-sex couples to adopt. A same-sex co-parent can adopt his or her partner’s child or child of the relationship.

Connecticut Birth Certificate Law: Gender Identity Issues

Connecticut will issue new birth certificates to post-operative transsexuals.

Connecticut Custody and Visitation Law

There have been no cases dealing with custody and visitation for gay, lesbian or bisexual parents. Courts have used a parent’s gender identity or expression to deny, restrict or modify custody and visitation. Courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for visitation.

Connecticut Donor Insemination Law

Connecticut law allows married couples to undergo donor insemination. There is no state provision on donor insemination performed on unmarried women

Connecticut Hate Crimes Law

State law covers hate crimes based on gender identity and sexual orientation.

Connecticut Marriage/Relationship Recognition Law

Connecticut law purports to ban recognition of marriages between same-sex couples. It licenses civil unions between same-sex couples.

Connecticut Non-Discrimination Law

Connecticut law protects against discrimination based on sexual orientation and gender identity.

Connecticut School Laws

Connecticut law addresses school issues relating to sexual orientation but not gender identity.

Connecticut Sodomy Law

The Connecticut sodomy law was repealed in 1971.

Connecticut Surrogacy Law

There is no provision on surrogacy in Connecticut state law, but it appears to be permitted.

D.C. Adoption Law

The District of Columbia permits single GLBT individuals and same-sex couples to adopt. A same-sex co-parent can adopt his or her partner’s child or child of the relationship.

D.C. Custody and Visitation Law

The sexual orientation of a parent is prohibited from being used as a consideration in custody or visitation unless it would impact the best interests of the child. There have been no cases dealing with transgender parents or same-sex co-parents

D.C. Donor Insemination Law

District of Columbia law appears to permit unmarried women to undergo donor insemination

D.C. Hate Crimes Law

District law covers hate crimes based on gender identity and sexual orientation.

D.C. Marriage/Relationship Recognition Law

No provision of District of Columbia law bans recognition of marriages between same-sex couples performed in another jurisdiction. The district’s domestic partnership registration allows same-sex couples the opportunity to formalize relationships

D.C. Non-Discrimination Law

District of Columbia law protects against discrimination based on sexual orientation and gender identity.

D.C. School Laws

District of Columbia law addresses school issues relating to sexual orientation and gender identity.

D.C. Sodomy Law

The District of Columbia sodomy law was repealed in 1993.

D.C. Surrogacy Law

District of Columbia law prohibits surrogacy agreements.

Delaware Adoption Law

Delaware permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.

Delaware Birth Certificate Law: Gender Identity Issues

Delaware will issue new birth certificates to post-operative transsexuals

Delaware Custody and Visitation Law

Delaware courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There are no published cases dealing with transgender parents. Delaware courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for custody and visitation.

Delaware Donor Insemination Law

There is no provision on donor insemination in Delaware state law.

Delaware Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Delaware Marriage/Relationship Recognition Law

Delaware law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Delaware Non-Discrimination Law

Delaware law does not address discrimination based on gender identity or sexual orientation.

Delaware School Laws

Delaware law does not address school issues relating to sexual orientation or gender identity.

Delaware Sodomy Law

The Delaware sodomy law was repealed in 1973.

Delaware Surrogacy Law

There is no provision on surrogacy in Delaware state law, but it appears to be prohibited.

Florida Adoption Law

Florida prohibits single GLBT people and same-sex couples from adopting. A person probably cannot petition to adopt his or her same-sex partner’s adopted child.

Florida Birth Certificate Law: Gender Identity Issues

Florida permits post-operative transsexuals to amend their sex on their birth certificates.

Florida Custody and Visitation Law

Florida courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. Florida courts typically do not consider a parent’s gender identity or expression in making custody and visitation decisions. Courts in Florida have not granted custody or visitation rights to the non-biological parent of a child.

Florida Donor Insemination Law

Florida law allows donors no parental rights

Florida Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Florida Marriage/Relationship Recognition Law

Florida law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Florida Non-Discrimination Law

Florida law does not address discrimination based on sexual orientation. However, in some cases gender identity is protected.

Florida School Laws

Florida law does not address school issues relating to sexual orientation or gender identity.

Florida Sodomy Law

The Florida sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

Florida Surrogacy Law

Florida law permits surrogacy agreements for married couples only.

Georgia Adoption Law

Georgia permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Georgia Birth Certificate Law: Gender Identity Issues

Georgia permits post-operative transsexuals to amend their sex on their birth certificates

Georgia Custody and Visitation Law

Courts in Georgia typically have not restricted custody and visitation of a gay or lesbian parent as long as there is no evidence of harm to the child. There have been no cases dealing with transgender parents or same-sex co-parents

Georgia Donor Insemination Law

Georgia law allows married couples to undergo donor insemination. There is no state provision on donor insemination performed on unmarried women.

Georgia Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

Georgia Marriage/Relationship Recognition Law

Georgia law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Georgia Non-Discrimination Law

Georgia law does not address discrimination based on gender identity or sexual orientation.

Georgia School Laws

Georgia law does not address school issues relating to sexual orientation or gender identity.

Georgia Sodomy Law

The Georgia sodomy law was struck down in 1998.

Georgia Surrogacy Law

There is no provision on surrogacy in Georgia state law

Hawaii Adoption Law

Hawaii permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.

Hawaii Birth Certificate Law: Gender Identity Issues

Hawaii will issue new birth certificates to post-operative transsexuals.

Hawaii Custody and Visitation Law

There have been no cases dealing with gay, lesbian, bisexual or transgender parents or same-sex co-parents.

Hawaii Donor Insemination Law

There is no provision in Hawaii law or case law on the subject of donor insemination.

Hawaii Hate Crimes Law

State law covers hate crimes based on gender identity and sexual orientation

Hawaii Marriage/Relationship Recognition Law

Hawaii law purports to ban recognition of marriages between same-sex couples. The state offers reciprocal beneficiary status to same-sex couples.

Hawaii Non-Discrimination Law

Hawaii law protects against discrimination based on sexual orientation and gender identity.

Hawaii School Laws

Hawaii law does not address school issues relating to sexual orientation or gender identity.

Hawaii Surrogacy Law

There is no provision on surrogacy in Hawaii state law.

Illinois Adoption Law

Illinois permits single GLBT individuals and same-sex couples to adopt. A same-sex co-parent can adopt his or her partner’s child or child of the relationship.

Illinois Birth Certificate Law: Gender Identity Issues

Illinois will issue new birth certificates to post-operative transsexuals.

Illinois Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. Illinois courts have held that a transgender parent did not have standing to petition for custody and visitation because the marriage to the biological parent was deemed invalid. Courts have not granted custody or visitation rights to the non-biological parent of a child.

Illinois Donor Insemination Law

Illinois law permits unmarried women to undergo donor insemination.

Illinois Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Illinois Marriage/Relationship Recognition Law

Illinois law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Illinois Non-Discrimination Law

Illinois law protects against discrimination based on sexual orientation and gender identity

Illinois School Laws

Illinois law does not address school issues relating to sexual orientation or gender identity.

Illinois Sodomy Law

The Illinois sodomy law was repealed in 1962.

Illinois Surrogacy Law

Illinois law permits surrogacy agreements.

Iowa Adoption Law

Iowa permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship

Iowa Birth Certificate Law: Gender Identity Issues

Iowa will issue new birth certificates to post-operative transsexuals. 

Iowa Custody and Visitation Law

Courts typically have not restricted custody and visitation of gay or lesbian parents as long as they conceal their sexual orientations. There have been no cases dealing with transgender parents or same-sex co-parents.

Iowa Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Iowa Marriage/Relationship Recognition Law

Iowa law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Iowa Non-Discrimination Law

Iowa law does not address discrimination based on gender identity or sexual orientation.

Iowa School Laws

Iowa law does not address school issues relating to sexual orientation or gender identity.

Iowa Sodomy Law

The Iowa sodomy law was repealed in 1978.

Iowa Surrogacy Law

There is no provision on surrogacy in Iowa state law.

Kentucky Adoption Law

Kentucky permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Kentucky Birth Certificate Law: Gender Identity Issues

Kentucky permits post-operative transsexuals to amend their sex on their birth certificates

Kentucky Custody and Visitation Law

Courts have used a parent’s sexual orientation to deny, restrict or modify custody and visitation. The state Supreme Court has ruled that a same-sex co-parent, with no biological or legal relationship to a child, can petition a court to be deemed a de facto custodian/parent for custody and visitation rights. There have been no cases dealing with transgender parents.

Kentucky Donor Insemination Law

Kentucky law permits unmarried women to undergo donor insemination.

Kentucky Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity

Kentucky Non-Discrimination Law

Kentucky law does not address discrimination based on gender identity or sexual orientation.

Kentucky School Laws

Kentucky law does not address school issues relating to sexual orientation or gender identity.

Kentucky Sodomy Law

The Kentucky sodomy law was struck down in 1992.

Kentucky Surrogacy Law

There is no provision on surrogacy in Kentucky state law, but it appears to be permitted

Louisiana Adoption Law

Louisiana permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.

Louisiana Birth Certificate Law: Gender Identity Issues

Louisiana will issue new birth certificates to post-operative transsexuals.

Louisiana Custody and Visitation Law

Louisiana courts typically have not restricted the custody and visitation of gay or lesbian parents as long as they conceal their sexual orientations. It would seem that courts would not look favorably on granting custody and/or visitation to a gay or lesbian parent who did not conceal his or her sexual orientation or the nature of a relationship with a same-sex partner. There are no reported or published opinions dealing with transgender parents or same-sex co-parents.

Louisiana Donor Insemination Law

 Louisiana law appears to permit unmarried women to undergo donor insemination.

Louisiana Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Louisiana Marriage/Relationship Recognition Law

Louisiana law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Louisiana Non-Discrimination Law

Louisiana law does not address discrimination based on gender identity or sexual orientation.

Louisiana School Laws

Louisiana law does not address school issues relating to sexual orientation or gender identity.

Louisiana Sodomy Law

The Louisiana sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

Louisiana Surrogacy Law

Louisiana law prohibits surrogacy agreements

Maine Adoption Law

Maine permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Maine Birth Certificate Law: Gender Identity Issues

Maine permits post-operative transsexuals to amend their sex on their birth certificates

Maine Custody and Visitation Law

Maine courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There are no published cases dealing with transgender parents. Courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for visitation.

Maine Donor Insemination Law

There is no provision on donor insemination in Maine state law, but it appears to be permitted for unmarried women.

Maine Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Maine Marriage/Relationship Recognition Law

Maine law purports to ban recognition of marriages between same-sex couples. Maine has a statewide domestic partner registry that confers a handful of rights for registered couples.

Maine Non-Discrimination Law

Maine law protects against discrimination based on sexual orientation and gender identity.

Maine School Laws

Maine law does not address school issues relating to sexual orientation or gender identity.

Maine Sodomy Law

The Maine sodomy law was repealed in 1976.

Maine Surrogacy Law

There is no provision on surrogacy in Maine state law.

Maryland Adoption Law

Maryland permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.

Maryland Birth Certificate Law: Gender Identity Issues

Maryland permits post-operative transsexuals to amend their sex on their birth certificates.

Maryland Custody and Visitation Law

Maryland courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There are no cases dealing with transgender parents, but state law does not seem to permit the consideration of factors that do not affect the best interests of the child to be used in custody and visitation determinations. Courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for custody and visitation.

Maryland Donor Insemination Law

Maryland law is unclear on the issue of donor insemination for unmarried women.

Maryland Hate Crimes Law

State law covers hate crimes based on gender identity and sexual orientation.

Maryland Marriage/Relationship Recognition Law

No provision of Maryland law addresses marriages between same-sex couples performed in another jurisdiction. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Maryland Non-Discrimination Law

Maryland law protects against discrimination based on sexual orientation but not gender identity.

Maryland School Laws

Maryland law does not address school issues relating to sexual orientation or gender identity.

Maryland Sodomy Law

The Maryland sodomy law was struck down in 1998.

Maryland Surrogacy Law

Maryland state law is unclear on surrogacy.

Massachusetts Adoption Law

Massachusetts permits single GLBT individuals and same-sex couples to adopt. A same-sex co-parent can adopt his or her partner’s child or children of the relationship.

Massachusetts Birth Certificate Law: Gender Identity Issues

Massachusetts permits post-operative transsexuals to amend their sex on their birth certificates.

Massachusetts Custody and Visitation Law

Massachusetts courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There are no published cases dealing with transgender parents. Courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for custody and visitation

Massachusetts Donor Insemination Law

Massachusetts law allows married couples to undergo donor insemination. There is no state provision on donor insemination performed on unmarried women.

Massachusetts Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Massachusetts Marriage/Relationship Recognition Law

On May 17, 2004, marriage licenses began to be issued to same-sex couples in Massachusetts.

Massachusetts Non-Discrimination Law

Massachusetts law protects against discrimination based on sexual orientation and gender identity.

Massachusetts School Laws

Massachusetts law addresses school issues relating to sexual orientation but not gender identity.

Massachusetts Sodomy Law

The Massachusetts sodomy law was struck down in 2002.

Massachusetts Surrogacy Law

Massachusetts law permits surrogacy agreements.

Michigan Adoption Law

Michigan permits single GLBT people to adopt. Same-sex couples cannot jointly adopt. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Michigan Birth Certificate Law: Gender Identity Issues

Michigan will issue new birth certificates to post-operative transsexuals.

Michigan Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents. Courts have not granted custody or visitation rights to the non-biological parent of a child.

Michigan Donor Insemination Law

Michigan law appears to permit unmarried women to undergo donor insemination.

Michigan Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

Michigan Marriage/Relationship Recognition Law

Michigan law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Michigan Non-Discrimination Law

Michigan law does not address discrimination based on gender identity or sexual orientation.

Michigan School Laws

Michigan law does not address school issues relating to sexual orientation or gender identity. 

Michigan Sodomy Law

Sodomy laws were struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

Michigan Surrogacy Law

Michigan law prohibits surrogacy agreements

Minnesota Adoption Law

Minnesota permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.

Minnesota Birth Certificate Law: Gender Identity Issues

Minnesota permits post-operative transsexuals to amend their sex on their birth certificates.

Minnesota Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents. Courts will allow a former same-sex partner (with no legal or biological relationship to the child(ren)) to petition for visitation.

Minnesota Donor Insemination Law

Minnesota law explicitly allows married women to undergo donor insemination. The law allows a married woman to obtain semen from a licensed physician for artificial insemination and strips the donor of any legal relationship to a resulting child. The law is silent on whether unmarried women can undergo donor insemination.

Minnesota Hate Crimes Law

State law covers hate crimes based on gender identity and sexual orientation.

Minnesota Marriage/Relationship Recognition Law

Minnesota law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Minnesota Non-Discrimination Law

Minnesota law protects against discrimination based on sexual orientation and gender identity.

Minnesota School Laws

Minnesota law addresses school issues relating to sexual orientation and gender identity.

Minnesota Sodomy Law

The Minnesota sodomy law was struck down in 2001.

Minnesota Surrogacy Law

There is no provision on surrogacy in Minnesota state law.

Mississippi Adoption Law

Mississippi permits single GLBT people to adopt. Same-sex couples cannot jointly adopt. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Mississippi Birth Certificate Law: Gender Identity Issues

Mississippi permits post-operative transsexuals to amend their sex on their birth certificates.

Mississippi Custody and Visitation Law

Courts have used a parent’s sexual orientation to deny, restrict or modify custody and visitation. There have been no cases dealing with transgender parents or same-sex co-parents.

Mississippi Donor Insemination Law

There is no provision on donor insemination in Mississippi state law.

Mississippi Hate Crimes Law

State law covers hate crimes based on gender identity but not sexual orientation.

Mississippi Marriage/Relationship Recognition Law

Mississippi law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Mississippi Non-Discrimination Law

Mississippi law does not address discrimination based on gender identity or sexual orientation

Mississippi School Laws

Mississippi law does not address school issues relating to sexual orientation or gender identity.

Mississippi Sodomy Law

The Mississippi sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

Mississippi Surrogacy Law

There is no provision on surrogacy in Mississippi state law.

Missouri Adoption Law

Missouri permits any adult to petition to adopt. It is unclear whether a same-sex couple can jointly adopt or whether a person can adopt his or her same-sex partner’s child.

Missouri Birth Certificate Law: Gender Identity Issues

Missouri permits post-operative transsexuals to amend their sex on their birth certificates.

Missouri Custody and Visitation Law

Missouri courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. Missouri courts have considered a parent’s gender identity or expression in making custody and visitation determinations. Missouri courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for visitation.

Missouri Donor Insemination Law

There is no provision in Missouri law on donor insemination performed on an unmarried woman.

Missouri Hate Crimes Law

State law covers hate crimes based on gender identity and sexual orientation.

Missouri Marriage/Relationship Recognition Law

Missouri law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Missouri Non-Discrimination Law

Missouri law does not address discrimination based on gender identity or sexual orientation.

Missouri School Laws

Missouri law does not address school issues relating to sexual orientation or gender identity

Missouri Sodomy Law

The Missouri sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

Missouri Surrogacy Law

Missouri state law is unclear on surrogacy.

Montana Adoption Law

Montana permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Montana Birth Certificate Law: Gender Identity Issues

Montana permits post-operative transsexuals to amend their sex on their birth certificates.

Montana Custody and Visitation Law

There have been no cases dealing with gay, lesbian or bisexual parents or same-sex co-parents. Courts typically will not consider a parent’s gender identity or expression in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren).

Montana Donor Insemination Law

There is no provision in Montana law on donor insemination performed on an unmarried woman.

Montana Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

Montana Marriage/Relationship Recognition Law

Montana law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Montana Non-Discrimination Law

Montana law does not address discrimination based on gender identity or sexual orientation

Montana School Laws

Montana law does not address school issues relating to sexual orientation or gender identity.

Montana Sodomy Law

The Montana sodomy law was struck down in 1997.

Montana Surrogacy Law

There is no provision on surrogacy in Montana state law.

Nebraska Adoption Law

It is unclear whether Nebraska permits single GLBT people to adopt. The state does not explicitly prohibit same-sex couples from adopting. A person cannot adopt his or her same-sex partner’s adopted child.

Nebraska Birth Certificate Law: Gender Identity Issues

Nebraska will issue new birth certificates to post-operative transsexuals.

Nebraska Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents. Courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for visitation.

Nebraska Donor Insemination Law

There is no provision on donor insemination in Nebraska state law.

Nebraska Marriage/Relationship Recognition Law

Nebraska law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Nebraska Non-Discrimination Law

Nebraska law does not address discrimination based on gender identity or sexual orientation.

Nebraska School Laws

Nebraska law does not address school issues relating to sexual orientation or gender identity.

Nebraska Sodomy Law

The Nebraska sodomy law was repealed in 1978.

Nebraska Surrogacy Law

Nebraska law prohibits surrogacy agreements.

Nevada Adoption Law

Nevada permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.

Nevada Birth Certificate Law: Gender Identity Issues

Nevada will issue new birth certificates to post-operative transsexuals.

Nevada Custody and Visitation Law

There have been no cases dealing with gay, lesbian or bisexual parents or same-sex co-parents. Courts have used a parent’s gender identity or expression to deny, restrict or modify custody and visitation.

Nevada Donor Insemination Law

There is no provision in Nevada law on donor insemination performed on an unmarried woman.

Nevada Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Nevada Marriage/Relationship Recognition Law

Nevada law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Nevada Non-Discrimination Law

Nevada law protects against discrimination based on sexual orientation but not gender identity.

Nevada School Laws

Nevada law does not address school issues relating to sexual orientation or gender identity.

Nevada Sodomy Law

The Nevada sodomy law was repealed in 1993.

Nevada Surrogacy Law

Nevada law permits surrogacy agreements for married couples only.

New Hampshire Adoption Law

New Hampshire permits single GLBT people to adopt. In some jurisdictions same-sex couples may be able to adopt jointly. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.

New Hampshire Birth Certificate Law: Gender Identity Issues

New Hampshire will issue new birth certificates to post-operative transsexuals.

New Hampshire Custody and Visitation Law

There have been no cases dealing with gay, lesbian, bisexual or transgender parents or same-sex co-parents in New Hampshire.

New Hampshire Donor Insemination Law

New Hampshire law permits unmarried women to undergo donor insemination.

New Hampshire Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

New Hampshire Marriage/Relationship Recognition Law

New Hampshire law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

New Hampshire Non-Discrimination Law

New Hampshire law protects against discrimination based on sexual orientation but not gender identity.

New Hampshire School Laws

New Hampshire law does not address school issues relating to sexual orientation or gender identity.

New Hampshire Sodomy Law

The New Hampshire sodomy law repealed in 1975

New Hampshire Surrogacy Law

New Hampshire law permits surrogacy agreements for married couples only.

New Jersey Adoption Law

New Jersey permits single GLBT individuals and same-sex couples to adopt. A same-sex co-parent can adopt his or her partner’s child or child of the relationship.

New Jersey Birth Certificate Law: Gender Identity Issues

New Jersey will issue new birth certificates to post-operative transsexuals.

New Jersey Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There are no published cases dealing with transgender parents. New Jersey courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for visitation.

New Jersey Donor Insemination Law

New Jersey law permits unmarried women to undergo donor insemination.

New Jersey Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

New Jersey Marriage/Relationship Recognition Law

There is no explicit provision in New Jersey law purporting to ban the performance or recognition of marriages for same-sex couples. The New Jersey civil unions law will take effect in early 2007.

New Jersey Non-Discrimination Law

New Jersey law prohibits discrimination based on sexual orientation and gender identity

New Jersey School Laws

New Jersey law addresses school issues relating to sexual orientation and gender identity.

New Jersey Sodomy Law

The New Jersey sodomy law was repealed in 1979.

New Jersey Surrogacy Law

New Jersey law permits surrogacy agreements.

New Mexico Adoption Law

New Mexico permits single GLBT individuals and same-sex couples to adopt. In some jurisdictions a person may be able to adopt his or her same-sex partner’s adopted child or child of the relationship.

New Mexico Birth Certificate Law: Gender Identity Issues

New Mexico permits post-operative transsexuals to amend their sex on their birth certificates.

New Mexico Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents. Courts will allow a former same-sex partner (with no legal or biological relationship to the child(ren)) to petition for visitation.

New Mexico Donor Insemination Law

 New Mexico law permits unmarried women to undergo donor insemination.

New Mexico Hate Crimes Law

State law covers hate crimes based on gender identity and sexual orientation.

New Mexico Marriage/Relationship Recognition Law

No provision of New Mexico explicitly addresses marriages between same-sex couples performed in another jurisdiction. The state offers domestic partnership benefits to state employees.

New Mexico Non-Discrimination Law

New Mexico law protects against discrimination based on sexual orientation and gender identity.

New Mexico School Laws

 New Mexico law does not address school issues relating to sexual orientation or gender identity.

New Mexico Sodomy Law

The New Mexico sodomy law was repealed in 1975.

New Mexico Surrogacy Law

 New Mexico law permits surrogacy agreements.

New York Adoption Law

New York permits single GLBT individuals and same-sex couples to adopt. A same-sex co-parent can adopt his or her partner’s child or child of the relationship.

New York Birth Certificate Law: Gender Identity Issues

The state of New York permits post-operative transsexuals to amend their sex on their birth certificates.

New York Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation or gender identity or expression in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). Courts have not granted custody or visitation rights to the non-biological parent of a child.

New York Donor Insemination Law

New York state law appears to permit unmarried women to undergo donor insemination.

New York Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

New York Marriage/Relationship Recognition Law

New York does not issue marriage licenses to same-sex couples and the question of whether it will honor marriages between same-sex couples performed in other jurisdictions is before the courts. Same-sex couples have access to a few rights in state law. There are no other forms of relationship recognition for same-sex couples in state law or policies.

New York Non-Discrimination Law

New York law protects against discrimination based on sexual orientation and in some cases gender identity.

New York School Laws

New York law does not address school issues relating to sexual orientation or gender identity.

New York Sodomy Law

The New York sodomy law was struck down in 1980.

New York Surrogacy Law

New York law prohibits surrogacy agreements.

North Carolina Adoption Law

North Carolina permits single GLBT people to adopt. It is unclear whether same-sex couples are allowed to adopt. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

North Carolina Birth Certificate Law: Gender Identity Issues

North Carolina will issue new birth certificates to post-operative transsexuals.

North Carolina Custody and Visitation Law

North Carolina courts have used a parent’s sexual orientation to deny, restrict or modify custody and visitation. There are no published cases dealing with transgender parents or same-sex co-parents.

North Carolina Donor Insemination Law

There is no provision in North Carolina law on donor insemination performed on an unmarried woman.

North Carolina Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

North Carolina Marriage/Relationship Recognition Law

North Carolina law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

North Carolina Non-Discrimination Law

North Carolina law does not address discrimination based on gender identity or sexual orientation

North Carolina School Laws

North Carolina law does not address school issues relating to sexual orientation or gender identity.

North Carolina Sodomy Law

The North Carolina sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

North Carolina Surrogacy Law

There is no provision on surrogacy in North Carolina state law, but it appears to be permitted.

North Dakota Adoption Law

It is unclear whether North Dakota permits single GLBT people to adopt. Same-sex couples probably cannot adopt. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

North Dakota Birth Certificate Law: Gender Identity Issues

North Dakota permits post-operative transsexuals to amend their sex on their birth certificates.

North Dakota Custody and Visitation Law

North Dakota courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There are no published cases dealing with transgender parents or same-sex co-parents.

North Dakota Donor Insemination Law

North Dakota law appears to permit unmarried women to undergo donor insemination.

North Dakota Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

North Dakota Marriage/Relationship Recognition Law

North Dakota law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

North Dakota Non-Discrimination Law

North Dakota law does not address discrimination based on gender identity or sexual orientation.

North Dakota School Laws

North Dakota law does not address school issues relating to sexual orientation or gender identity.

North Dakota Sodomy Law

The North Dakota sodomy law was repealed in 1975.

North Dakota Surrogacy Law

North Dakota law prohibits surrogacy agreements.

Ohio Birth Certificate Law: Gender Identity Issues

Ohio does not permit post-operative transsexuals to amend their sex on their birth certificates.

Ohio Custody and Visitation Law

Ohio courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. Courts have used a parent’s gender identity or expression to deny, restrict or modify custody and visitation. Ohio courts have not granted custody or visitation rights to the non-biological parent of a child.

Ohio Donor Insemination Law

Ohio law appears to permit unmarried women to undergo donor insemination.

Ohio Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

Ohio Marriage/Relationship Recognition Law

Ohio law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Ohio Non-Discrimination Law

Ohio law does not address discrimination based on gender identity or sexual orientation. 

Ohio School Laws

Ohio law does not address school issues relating to sexual orientation or gender identity

Ohio Sodomy Law

Ohio’s sodomy law was repealed in 1974.

Ohio Surrogacy Law

Ohio state law is unclear on surrogacy

Oklahoma Adoption Law

Oklahoma permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Oklahoma Birth Certificate Law: Gender Identity Issues

Oklahoma permits post-operative transsexuals to amend their sex on their birth certificates.

Oklahoma Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents or same-sex co-parents.

Oklahoma Donor Insemination Law

There is no provision in Oklahoma law on donor insemination performed on an unmarried woman.

Oklahoma Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

Oklahoma Marriage/Relationship Recognition Law

Oklahoma law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Oklahoma Non-Discrimination Law

Oklahoma law does not address discrimination based on gender identity or sexual orientation.

Oklahoma School Laws

Oklahoma law does not address school issues relating to sexual orientation or gender identity.

Oklahoma Sodomy Law

The Oklahoma sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

Oklahoma Surrogacy Law

There is no provision on surrogacy in Oklahoma state law, but it appears to permitted.

Oregon Adoption Law

Oregon permits single GLBT individuals and same-sex couples to adopt. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.

Oregon Birth Certificate Law: Gender Identity Issues

Oregon Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents or same-sex co-parents.

Oregon Donor Insemination Law

Oregon law appears to permit unmarried women to undergo donor insemination.

Oregon Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Oregon Marriage/Relationship Recognition Law

Oregon law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Oregon Non-Discrimination Law

Oregon law does not address discrimination based on gender identity or sexual orientation.

Oregon School Laws

Oregon law does not address school issues relating to sexual orientation or gender identity.

Oregon Sodomy Law

Oregon’s sodomy law was repealed in 1972.

Oregon Surrogacy Law

Oregon law permits surrogacy agreements.

Pennsylvania Adoption Law

Pennsylvania permits single GLBT people to adopt. It is unclear whether same-sex couples are allowed to adopt. A same-sex co-parent can adopt his or her partner’s child or child of the relationship.

Pennsylvania Birth Certificate Law: Gender Identity Issues

Pennsylvania permits post-operative transsexuals to amend their sex on their birth certificates.

Pennsylvania Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents. Courts will allow a former same-sex partner (with no legal or biological relationship to the child(ren)) to petition for visitation.

Pennsylvania Donor Insemination Law

There is no provision on donor insemination in Pennsylvania state law.

Pennsylvania Hate Crimes Law

State law covers hate crimes based on gender identity and sexual orientation.

Pennsylvania Marriage/Relationship Recognition Law

Pennsylvania law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Pennsylvania Non-Discrimination Law

Pennsylvania law does not address discrimination based on gender identity or sexual orientation.

Pennsylvania School Law

Pennsylvania law does not address school issues relating to sexual orientation or gender identity.

Pennsylvania Sodomy Law

The Pennsylvania sodomy law was struck down in 1980.

Pennsylvania Surrogacy Law

Pennsylvania state law is unclear on surrogacy.

Rhode Island Adoption Law

Rhode Island permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.

Rhode Island Birth Certificate Law: Gender Identity Issues

Rhode Island permits post-operative transsexuals to amend their sex on their birth certificates.

Rhode Island Custody and Visitation Law

There have been no cases dealing with gay, lesbian, bisexual or transgender parents. Courts will allow a former same-sex partner (with no legal or biological relationship to the child(ren)) to petition for visitation.

Rhode Island Donor Insemination Law

There is no provision on donor insemination in Rhode Island state law.

Rhode Island Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Rhode Island Marriage/Relationship Recognition Law

Rhode Island law does not have an explicit ban on marriage for same-sex couples. Same-sex couples have access to a few rights in state law. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Rhode Island Non-Discrimination Law

Rhode Island law protects against discrimination based on sexual orientation and gender identity.

Rhode Island School Laws

Rhode Island law does not address school issues relating to sexual orientation or gender identity.

Rhode Island Sodomy Law

Rhode Island’s sodomy law was repealed in 1998.

Rhode Island Surrogacy Law

There is no provision on surrogacy in Rhode Island state law, but it appears to be permitted.

South Carolina Adoption Law

South Carolina permits single GLBT people to adopt. It is unclear whether same-sex couples are allowed to adopt. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

South Carolina Birth Certificate Law: Gender Identity Issues

South Carolina will not issue new birth certificates, but it will issue cards that can be attached to the old birth certificates indicating change of name and sex.

South Carolina Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents or same-sex co-parents.

South Carolina Donor Insemination Law

There is no provision on donor insemination in South Carolina state law.

South Carolina Hate Crimes Law

This state has no hate crimes law.

South Carolina Marriage/Relationship Recognition Law

South Carolina law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

South Carolina Non-Discrimination Law

South Carolina law does not address discrimination based on gender identity or sexual orientation.

South Carolina School Laws

South Carolina law does not address school issues relating to sexual orientation or gender identity.

South Carolina Sodomy Law

The South Carolina sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

South Carolina Surrogacy Law

South Carolina state law is unclear on surrogacy.

South Dakota Adoption Law

South Dakota permits single GLBT people to adopt. It is unclear whether same-sex couples are allowed to adopt. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

South Dakota Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents or same-sex co-parents.

South Dakota Donor Insemination Law

There is no provision on donor insemination in South Dakota state law.

South Dakota Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

South Dakota Marriage/Relationship Recognition Law

South Dakota law and the state constitution both purport to ban marriage for same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

South Dakota Non-Discrimination Law

South Dakota law does not address discrimination based on gender identity or sexual orientation.

South Dakota School Laws

South Dakota law does not address school issues relating to sexual orientation or gender identity.

South Dakota Sodomy Law

The South Dakota sodomy law was repealed in 1977.

South Dakota Surrogacy Law

There is no provision on surrogacy in South Dakota state law.

Tennessee Adoption Law

Tennessee permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Tennessee Birth Certificate Law: Gender Identity Issues

Tennessee does not permit post-operative transsexuals to amend their sex on their birth certificates.

Tennessee Custody and Visitation Law

Tennessee courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There are no reported or published opinions dealing with transgender parents. Tennessee courts have not granted custody or visitation rights to the non-biological parent of a child.

Tennessee Donor Insemination Law

There is no provision in Tennessee law on donor insemination performed on an unmarried woman.

Tennessee Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Tennessee Marriage/Relationship Recognition Law

Tennessee law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Tennessee Non-Discrimination Law

Tennessee law does not address discrimination based on gender identity or sexual orientation.

Tennessee School Laws

Tennessee law does not address school issues relating to sexual orientation or gender identity.

Tennessee Sodomy Law

The Tennessee sodomy law was struck down in 1996.

Tennessee Surrogacy Law

Tennessee law permits surrogacy agreements for married couples only.

Texas Adoption Law

Texas permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship.

Texas Birth Certificate Law: Gender Identity Issues

Texas permits post-operative transsexuals to amend their sex on their birth certificates.

Texas Custody and Visitation Law

Courts have used a parent’s sexual orientation to deny, restrict or modify custody and visitation. There have been no cases dealing with transgender parents. It is unclear whether a same-sex co-parent could be granted custody or visitation.

Texas Donor Insemination Law

Texas law appears to permit unmarried women to undergo donor insemination.

Texas Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Texas Marriage/Relationship Recognition Law

Texas law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Texas Non-Discrimination Law

Texas law does not address discrimination based on gender identity or sexual orientation.

Texas School Laws

Texas law does not address school issues relating to sexual orientation or gender identity.

Texas Sodomy Law

The Texas sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

Texas Surrogacy Law

Texas law permits surrogacy agreements for married couples only.

Utah Adoption Law

Utah permits single GLBT people to adopt. Same-sex couples cannot jointly adopt. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Utah Birth Certificate Law: Gender Identity Issues

Utah permits post-operative transsexuals to amend their sex on their birth certificates.

Utah Custody and Visitation Law

Utah courts have used a parent’s sexual orientation to deny, restrict or modify custody and visitation. There are no reported or published opinions dealing with transgender parents or same-sex co-parents.

Utah Donor Insemination Law

Utah law is unclear on the issue of donor insemination.

Utah Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

Utah Marriage/Relationship Recognition Law

Utah law and the state constitution both purport to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies. 

Utah Non-Discrimination Law

Utah law does not address discrimination based on gender identity or sexual orientation.

Utah School Laws

Utah law does not address school issues relating to sexual orientation or gender identity.

Utah Sodomy Law

The Utah sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

Utah Surrogacy Law

Utah law prohibits surrogacy agreements

Vermont Adoption Law

Vermont permits single GLBT individuals and same-sex couples to adopt. A same-sex co-parent can adopt his or her partner’s child or child of the relationship.

Vermont Birth Certificate Law: Gender Identity Issues

Vermont permits post-operative transsexuals to amend their sex on their birth certificates.

Vermont Custody and Visitation Law

There have been no cases dealing with gay, lesbian, bisexual or transgender parents. However, state law does not seem to permit the consideration of factors that do no affect the best interests of the child. Vermont courts will not allow a former same-sex partner (with no legal or biological relationship to the children) to petition for custody and visitation. However, same-sex parents in a civil union are entitled to equal parental rights for children born during the civil union.

Vermont Donor Insemination Law

There is no provision on donor insemination in Vermont state law.

Vermont Hate Crimes Law

State law covers hate crimes based on gender identity and sexual orientation.

Vermont Marriage/Relationship Recognition Law

Vermont law purports to ban recognition of marriages between same-sex couples. It licenses civil unions between same-sex couples.

Vermont Non-Discrimination Law

Vermont protects against discrimination based on sexual orientation and gender identity.

Vermont School Laws

Vermont law addresses school issues relating to sexual orientation but not gender identity.

Vermont Sodomy Law

Vermont repealed its sodomy statute in 1977.

Vermont Surrogacy Law

There is no provision on surrogacy in Vermont state law, but it appears to be permitted.

Virginia Adoption Law

Virginia permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Virginia Birth Certificate Law: Gender Identity Issues

Virginia will issue new birth certificates to post-operative transsexuals.

Virginia Custody and Visitation Law

Virginia courts have used a parent’s sexual orientation to deny, restrict or modify custody and visitation. There are no reported or published opinions dealing with transgender parents or same-sex co-parents.

Virginia Donor Insemination Law

Virginia law is unclear on the issue of donor insemination for unmarried women.

Virginia Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

Virginia Marriage/Relationship Recognition Law

Virginia law and the state constitution both purport to ban marriage for same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Virginia Non-Discrimination Law

Virginia law does not address discrimination based on gender identity or sexual orientation.

Virginia School Laws

Virginia law does not address school issues relating to sexual orientation or gender identity.

Virginia Sodomy Law

The Virginia sodomy law was struck down by the U.S. Supreme Court on June 26, 2003, as a result of the Court’s decision in Lawrence v. Texas.

Virginia Surrogacy Law

Virginia law permits surrogacy agreements for married couples only.

Washington Adoption Law

Washington permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting.. In some jurisdictions a person may be able to adopt his or her same-sex partner’s child or child of the relationship

Washington Birth Certificate Law: Gender Identity Issues

Washington issues new birth certificates to post-operative transsexuals.

Washington Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There have been no cases dealing with transgender parents. Courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for a determination of co-parentage.

Washington Donor Insemination Law

Washington has no explicit law regarding donor insemination.

Washington Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Washington Marriage/Relationship Recognition Law

Washington law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Washington Non-Discrimination Law

Washington law prohibits discrimination based on gender identity and sexual orientation.

Washington School Laws

Washington law addresses school issues relating to sexual orientation but not gender identity.

Washington Sodomy Law

The Washington sodomy law was repealed in 1976.

Washington Surrogacy Law

Washington law permits surrogacy agreements.

West Virginia Adoption Law

West Virginia permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

West Virginia Birth Certificate Law: Gender Identity Issues

West Virginia permits post-operative transsexuals to amend their sex on their birth certificates.

West Virginia Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children.

West Virginia Donor Insemination Law

There is no provision on donor insemination in West Virginia state law.

West Virginia Hate Crimes Law

State law does not address hate crimes based on gender identity or sexual orientation.

West Virginia Marriage/Relationship Recognition Law

West Virginia law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

West Virginia Non-Discrimination Law

West Virginia law does not address discrimination based on gender identity or sexual orientation.

West Virginia School Laws

West Virginia law does not address school issues relating to sexual orientation or gender identity.

West Virginia Sodomy Law

The West Virginia sodomy law was repealed in 1976.

West Virginia Surrogacy Law

There is no provision on surrogacy in West Virginia state law, but it appears to be permitted.

Wisconsin Adoption Law

Wisconsin permits single GLBT people to adopt and does not explicitly prohibit same-sex couples from adopting. A person cannot adopt his or her same-sex partner’s adopted child.

Wisconsin Birth Certificate Law: Gender Identity Issues

Wisconsin will issue new birth certificates to post-operative transsexuals.

Wisconsin Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents. Courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for visitation.

Wisconsin Donor Insemination Law

Wisconsin law appears to permit unmarried women to undergo donor insemination.

Wisconsin Hate Crimes Law

State law covers hate crimes based on sexual orientation but not gender identity.

Wisconsin Marriage/Relationship Recognition Law

Wisconsin law and the state constitution both purport to ban marriage for same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Wisconsin Non-Discrimination Law

Wisconsin law prohibits discrimination based on sexual orientation but not gender identity.

Wisconsin School Laws

Wisconsin law addresses school issues relating to sexual orientation but not gender identity.

Wisconsin Sodomy Law

The Wisconsin sodomy law was repealed in 1983.

Wisconsin Surrogacy Law

Wisconsin state law is unclear on surrogacy.

Wyoming Adoption Law

Wyoming permits single GLBT people to adopt. It is unclear whether same-sex couples are allowed to adopt. It is unclear whether a person can adopt his or her same-sex partner’s adopted child.

Wyoming Birth Certificate Law: Gender Identity Issues

Wyoming permits post-operative transsexuals to amend their sex on their birth certificates.

Wyoming Custody and Visitation Law

Courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents or same-sex co-parents.

Wyoming Donor Insemination Law

Wyoming law appears to permit unmarried women to undergo donor insemination.

Wyoming Hate Crimes Law

This state has no hate crimes law.

Wyoming Marriage/Relationship Recognition Law

Wyoming law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.

Wyoming Non-Discrimination Law

Wyoming law does not address discrimination based on gender identity or sexual orientation.

Wyoming School Laws

Wyoming law does not address school issues relating to sexual orientation or gender identity.

Wyoming Sodomy Law

The Wyoming sodomy law was repealed in 1977

Wyoming Surrogacy Law

There is no provision on surrogacy in Wyoming state law.