Study Shows Children with Gay Parents Denied Equal Protections

By Sheryl Rentz on July 19, 2012

A new study entitled Securing Legal Ties for Children Living in LGBT Families: A State Strategy and Policy Guide details the current state laws that may put a child in the U.S. at risk and undermine their stability, according to a LGBTQNation.com report. Discriminatory parenting laws in more than 30 states may mean that a child being raised in an LGBT (lesbian, gay, bisexual, transgendered) family will be a legal stranger to at least one of his or her parents. The report notes that this lack of legal recognition for LGBT families harms children and may threaten their ability to thrive. An estimated two million children are being raised by gay parents, and most live in states where they are excluded by family law.

The impact of these laws has a wide range, including children being denied health care coverage, families not being protected when a parent dies, and facing higher economic burdens that may put the family at risk. This new study examines the “outdated” state laws, largely in regards to marriage and parenting, which for the most part ignore – and subsequently harm – the almost 2 million children who are raised by LGBT parents. The report also provides a framework for state policymakers to draft, pass, and enact new laws to protect children living in LGBT families, and other “contemporary family structures.”

The new study also makes recommendations for repealing, amending, and overturning discriminatory laws that leave children without the security of legal ties to their parents. The Executive Director of the Equality Federation, who co-authored the study, asserts that parenting and family laws should protect all children and laws should be changed that may put children in jeopardy. The study was also co-authored by Movement Advancement Project, Family Equality Council, and the Center for American Progress in partnership with Evan B. Donaldson Adoption Institute.

As same sex couples and LGBT families may not be granted the same legal protection as other families, seeking professional assistance from a skilled Pennsylvania domestic partnership attorney may help couples understand their legal rights. Sheryl R. Rentz has extensive experience in the area of family law and can help those in a domestic partnership who have made the decision to split reach a fair agreement in regards to anything from property to assets. Call (610) 645-0100 for a no-cost consultation regarding your situation.