When NCLR was founded over 33 years ago, nearly all the cases on our docket were about ensuring LGBT parents could keep custody of their children after they came out.
Our 30 years of legal victories have changed the legal landscape for all LGBT parents and families. But we know there is still so much more to be done. State by state, NCLR is making sure that all children raised and parented by LGBT people—regardless of whether those parents are single, in a relationship, have legal paperwork in place, or are biologically related to their children—are provided with the legal protections that all children need.
news & opinion
Press Release
U.S. Supreme Court Rejects Challenge to Decision Protecting Children Born to Same-Sex Couples
California Court of Appeal ruling stands; Lesbian mother’s parental rights upheld
02.22.10—Today, the United States Supreme Court denied review in a custody dispute involving a non-biological lesbian mother whose former partner, the child’s biological mother, was seeking to strip her of any parental rights.
Press Release
New Law Protects Children Born to Same-Sex Parents in the District of Columbia
National Center for Lesbian Rights, Gay and Lesbian Activists Alliance of Washington, and Law Professor Nancy Polikoff applaud new legal protections for children
07.22.09—The National Center for Lesbian Rights (NCLR), Gay and Lesbian Activists Alliance of Washington (GLAA), and American University law professor Nancy Polikoff applaud the enactment of a new law to protect children born to same-sex parents in the District of Columbia. Councilmember Phil Mendelson was the principal sponsor of the measure known as Bill 18-66, the Domestic Partnership Judicial Determination of Parentage Act of 2009.
Press Release
Florida Court of Appeal Holds that Florida Must Honor Second-Parent Adoptions by Same-Sex Couples
05.13.09—Today, the Florida Court of Appeal unanimously reversed a lower court ruling and held that Florida must give full faith and credit to adoptions granted to same-sex couples by other states, holding that Lara Embry, the plaintiff in the case, “must be given the same rights as any other adoptive parent in Florida." The court based its decision on the Full Faith and Credit Clause of the federal constitution and a Florida statute requiring Florida to honor adoption decrees from other states. Noting that "there are no public policy exceptions to the full faith and credit which is due to judgments entered in another state,” the court concluded that "regardless of whether the trial court believed that the Washington adoption violated a clearly established public policy in Florida, it was improper for the trial court to refuse to give the Washington judgment full faith and credit." A concurring opinion further noted that Embry’s "same-sex relationship with [the other parent] is irrelevant for the purpose of enforcing her rights and obligations as an adoptive parent."
from the docket
Pending (Florida)
Florida Department of Children and Families v. M.J.H.
V.A., a lesbian who lives in Florida with her partner, has been raising a baby boy, E.L.A., since nine days after he was born. He was placed with V.A. in part because she is a relative. After Florida’s Department of Children and Families (“DCF”) terminated the parental rights of E.L.A.’s birth mother, V.A. applied to adopt E.L.A.
Victory! (Iowa)
Johnson v. SooHoo
Marilyn Johnson and Nancy SooHoo raised two children together while living in Minnesota. When the couple broke up, Johnson unilaterally cut off contact between SooHoo and the children. The Minnesota Supreme Court held in 2007 that SooHoo was a person “in loco parentis” who had a parent-child relationship with the children, and found that it was in the children’s best interest to have visitation with SooHoo, whom they called “mommy.” In 2008, Johnson moved the children to Iowa and later filed a petition in Iowa in an attempt to end SooHoo’s visitation with the children.
Victory! (Ohio)
In re J.D.F.
T.L. and D.F., a lesbian couple, planned to have a child together. D.F. gave birth to their child, J.D.F. In order to protect the child’s relationship with both parents, the couple entered into a court-approved joint custody agreement. Several years later, T.L. and D.F. separated and agreed to share custody.
Victory! (Florida)
L.E. v. K.R.
L.E. and K.R. are a female couple who had two children together in Washington. Each partner gave birth to one child, and each adopted her non-biological child through a second-parent adoption in Washington. The couple moved to Florida, and their relationship ended several years later. They entered into an agreement and successfully shared equal custody and visitation with both children until K.R. broke the agreement.
program highlights
Recognizing and Responding to the Needs of Low-Income Lesbian, Gay, Bisexual, and Transgender Clients
By Lisa Cisneros and Catherine Sakimura
Legal services for low-income lesbian, gay, bisexual, and transgender (LGBT) people have changed markedly in the last twenty years. Expanding legal protections have increased opportunities for attorneys to make a positive difference in the lives of LGBT people. New programs are now providing direct legal services to low-income LGBT people.
publications & downloads
Legal Recognition of LGBT Families (pdf)
This publication provides an overview of the legal rights of LGBT parents and their children in the United States.
Lifelines: Documents to Protect You and Your Family(pdf)
English Español
This publication contains information about essential documents that will help you protect yourself and your loved ones in the event of illness, disability, or death.
Parents who are LGBT, Same-Gender Loving, or Two Spirit: Protect Your Rights!
English | Español
A brochure for LGBT parents about how to protect their rights.