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SECURING LEGAL TIES for CHILDREN LIVING in LGBT FAMILIES a State Strategy and Policy Guide

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SECURING LEGAL TIES for CHILDREN LIVING in LGBT FAMILIES a State Strategy and Policy Guide SECURING LEGAL TIES FOR CHILDREN LIVING IN LGBT FAMILIES A State Strategy and Policy Guide July 2012 Authors In Partnership With A Companion Report to All Children Matter: How Legal and Social Inequalities Hurt LGBT Families. Both reports are co-authored by the Movement Advancement Project, the Family Equality Council, and the Center for American Progress. This report was authored by: This report was developed in partnership with: Movement Advancement Project Evan B. Donaldson Adoption Institute The Movement Advancement Project (MAP) is an independent The Evan B. Donaldson Adoption Institute, a national not- for-profit, is the leading research, policy and education 2 think tank that provides rigorous research, insight and analysis that help speed equality for LGBT people. MAP works organization in its field. The Institute’s mission is to provide collaboratively with LGBT organizations, advocates and leadership that improves laws, policies and practices— funders, providing information, analysis and resources that through sound research, education and advocacy—in order to help coordinate and strengthen their efforts for maximum better the lives of everyone touched by adoption. To achieve impact. MAP also conducts policy research to inform the its goals, the Institute conducts and synthesizes research, public and policymakers about the legal and policy needs of offers education to inform public opinion, promotes ethical LGBT people and their families. For more information, visit practices and legal reforms, and works to translate policy into www.lgbtmap.org. action. For more information, visit www.adoptioninstitute.org. Family Equality Council Equality Federation Family Equality Council works to ensure equality for LGBT Equality Federation is the national alliance of state- families by building community, changing public opinion, based lesbian, gay, bisexual and transgender (LGBT) advocating for sound policy and advancing social justice for advocacy organizations. The Federation works to achieve all families. Family Equality Council provides support and equality for LGBT people in every state and territory by resources to LGBT-headed families, and leverages the power building strong and sustainable statewide organizations of families by sharing their stories and driving change in in a state-based movement. For more information, visit communities and states across the nation. Family Equality www.equalityfederation.org. Council educates members of government, schools, faith- based communities, healthcare institutions and other social Acknowledgments systems about how they can promote family equality. Family Equality Council also partners with other LGBT and broader social justice organizations to provide the greatest positive MAP thanks the following funders, without whom this impact and to maximize resources. For more information, visit report would not have been possible. www.familyequality.org. • Arcus Foundation • David Bohnett Foundation Center for American Progress • David Dechman The Center for American Progress (CAP) is a think tank • David Geffen Foundation • Ford Foundation dedicated to improving the lives of Americans through ideas • Gill Foundation and action. CAP combines bold policy ideas with a modern • Jim Hormel communications platform to help shape the national debate. • Johnson Family Foundation CAP is designed to provide long-term leadership and support • Amy Mandel and Katina Rodis to the progressive movement. CAP’s policy experts cover a • Weston Milliken wide range of issue areas, and often work across disciplines to • Kevin J. Mossier Foundation tackle complex, interrelated issues such as national security, • The Palette Fund energy, and climate change. For more information, visit • Mona Pittenger • Two Sisters and a Wife Foundation www.americanprogress.org. • H. van Ameringen Foundation MAP also thanks the many families who shared their stories with us. About This Report This report is a supplemental companion report to “All Children Matter: How Legal and Social Inequalities Hurt LGBT Families,” which is available online through www.lgbtmap.org/lgbt-families or through any of the co-author websites. We suggest the following citation for this condensed report: Movement Advancement Project, Family Equality Council and Center for American Progress, “Securing Legal Ties for Children Living in LGBT Families,” July 2012. This report incorporates information current as of June 30, 2012. Contact Information Movement Advancement Project Family Equality Council Center for American Progress 2215 Market Street P.O. Box 206 1333 H Street NW, 10th Floor Denver, CO 80205 Boston, MA 02133 Washington, DC 20005 720-274-3263 617-502-8700 202-682-1611 www.lgbtmap.org www.familyequality.org www.americanprogress.org TABLE OF CONTENTS 3 INTRODUCTION ................................................................................................................................1 LGBT Families are Part of the American Fabric ...................................................................................................... 3 Geographically Diverse ..........................................................................................................................................................3 Racially and Ethnically Diverse ..........................................................................................................................................3 Lower Income, Higher Poverty ............................................................................................................................................3 SECURING LEGAL TIES FOR CHILDREN IN LGBT FAMILIES ...........................................................4 LGBT Foster Families ...................................................................................................................................................... 8 Individual and Joint Adoption by LGBT Families .................................................................................................. 10 Stepparent and Second-Parent Adoption .............................................................................................................. 13 Stepparent Adoption ..............................................................................................................................................................13 Second-Parent Adoption .......................................................................................................................................................13 Donor Insemination ...................................................................................................................................................... 16 Parental Presumption ..............................................................................................................................................................16 Consent-to-Inseminate Provisions .....................................................................................................................................17 Surrogacy .......................................................................................................................................................................... 18 De Facto Parenting and Parentage Judgments ..................................................................................................... 19 Summary ........................................................................................................................................................................... 20 HOW LACK OF LEGAL RECOGNITION HARMS CHILDREN .............................................................21 Children’s Health and Wellness in Jeopardy .......................................................................................................... 21 Restricted Access to Health Insurance ..............................................................................................................................21 Limits on Medical Decision-Making and Hospital Visitation ....................................................................................21 Children Wrested From Parents When Relationships Dissolve ........................................................................ 22 Children Denied Protections When A Parent Dies or Becomes Disabled ..................................................... 23 One Parent Denied Custody when the Other Parent Dies .........................................................................................23 Children Denied Disability and Survivors Benefits ......................................................................................................23 Children Denied Inheritance and Ability to Sue for Wrongful Death ..................................................................24 Children Denied Access to Safety Net Programs ................................................................................................. 27 Summary ........................................................................................................................................................................... 27 CONCLUSION AND RECOMMENDATIONS ......................................................................................28 Detailed Recommendations Table ............................................................................................................................ 29 Appendix 1: Existing Legislative and Regulatory Models ................................................................................
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