States That Allow Gay Foster Parenting

Utah

• In Utah, gay persons are restricted from becoming foster parents by virtue of a law passed in 2000 which prohibited the placing of foster children in the care of a cohabiting, non-married couple. Although this law does not make specific mention of sexual orientation, and therefore technically permits gay persons to become licensed foster parents as long as they do not have a cohabiting partner, single adults are given a lower priority than married couples in the foster placement process.

Nebraska

• An administrative memorandum issued by the director of Nebraska's Department of Social Services in 1995 bans the placement of foster children in the homes of "persons who identify themselves as homosexuals" and likewise restricts gay persons from becoming licensed foster parents. It applies the same ban to unmarried, cohabiting couples. A 2004 administrative memorandum from the Office of Protection and Safety also lists unmarried, cohabiting adults as one of the criteria which would eliminate a home from being considered for approval as a placement for foster children in non-emergency situations.

Arkansas

• In Arkansas, a voter-approved initiative in 2008 prohibited unmarried couples from being foster parents. This law was struck down by circuit judge Chris Piazza in April 2010. Its original purpose, according to the organization which pushed for its passage, was to prevent gay persons from becoming foster or adoptive parents after such restrictions were overturned by the Arkansas Supreme Court. As of 2011, the decision had not yet been appealed.

North Dakota

• A law passed in North Dakota in 2003 allows licensed child-placing agencies to exercise "moral or religious convictions" in their placement decisions, which may include decisions to not place foster children in the care of gay couples.