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Identifying Affirming Adoption and Foster Care Agencies: A Guide for Prospective LGBTQ+ Parents

May 21, 2026
Identifying Affirming Adoption and Foster Care Agencies: A Guide for Prospective LGBTQ+ Parents

A first-step guide for LGBTQI+ prospective foster and adoptive parents.

Beginning the adoption and foster care journey comes with a lot of questions: What’s the first step? Who should you call? How do you even get started?

On top of researching foster care and adoption, comparing agencies online, attending information sessions, and more, LGBTQI+ people also need to think about whether or not the agencies in their area will accept and affirm them. If you’re concerned about how your family structure might influence your adoption and foster care processes or if you had an initial phone call and something felt off, unfortunately, you’re not alone.

The information below is intended to help you determine whether a foster care or adoption agency is ready to respect your family, answer your questions clearly, and support you through the process. Use this as a helpful guide as you go about the research process!

What Does “Affirming” Mean?

An affirming agency does more than encourage or allow LGBTQI+ people to apply to become foster or adoptive parents. An affirming agency shows you in writing and in practice that your family will be treated with respect. That means they maintain clear anti-discrimination policies, a trained staff, inclusive language on paperwork, and a real process for responding when bias happens.

At an affirming agency, LGBTQI+ families are treated as qualified families — not exceptions. 

This means that they… 

  • Welcome LGBTQI+ applicants in writing (such as their website, written materials, applications, promotional materials, etc),
  • Use the same standards for LGBTQI+ applicants as it uses for all other applicants,
  • Train staff to work competently with LGBTQI+ parents and LGBTQI+ youth,
  • Use forms that reflect different family structures as well as pronouns or chosen names,
  • Respond directly when discrimination or disrespect happens,
  • Understand that LGBTQI+ youth in care need safe and affirming homes,
  • Has a clear process for reporting discrimination or disrespect

Because LGBTQ+ people are more likely to foster and adopt than non-LGBTQ+ people — and 1 in 3 youth in foster care identify as LGBTQ+ — it’s imperative that agencies maintain inclusive and affirming practices so that all children can get the care and support they need and deserve.

A family of two dads with their foster child.

A Quick Legal Note

Foster care and adoption laws vary by state. Some states have clear discrimination protections for LGBTQ+ prospective foster and adoptive parents, and some do not. Additionally, some states allow agencies or officials to refuse to place or provide services to children and families.

Before you choose an agency, review Family Equality’s LGBTQ+ Foster Care Laws by State guide to understand the landscape of state laws, regulations, and agency policies that may affect LGBTQ+ adults who want to foster and LGBTQ+ youth in care. The guide is not legal advice, local practices and requirements may differ, and laws and policies may change faster than our guide is updated on a given day.

A strong agency should be able to explain how the rules in your state apply to your family, who makes licensing or approval decisions, and what protections exist if you experience discrimination.

LGBTQ+ Foster Care Laws by State

Before You Start, Do Your Research

Choosing an agency is one of the first big steps in the foster care or adoption process. It can also get personal fast. You may be asked about your home, your relationships, your support system, your childhood, your finances, your parenting hopes, and your identity. Some of those questions may feel invasive, and some parts of the process are hard. That is not automatically a red flag. Agencies have to ask serious questions because they are making decisions about the safety and well-being of children and youth, and whether a family is ready for the responsibility.

But how an agency asks those questions matters. A strong agency will explain the process, be clear about what information they need, and treat your family with dignity. The process should be careful, not shaming. It should protect children and youth, and it should also protect you from discrimination. For this reason, you should prioritize working with an agency that treats your family with respect from the start.
Before you decide whether an agency is right for you, make sure you understand what part of the process they actually handle. Not every agency does the same thing. One agency may recruit and train families, while another makes licensing or approval decisions. One agency may complete the home study, while another handles matching, placement, or support after a child is placed.

The answer matters. You may start with one agency and then be sent to another agency, worker, or office for a different part of the process. You want to know who has power, who has responsibility, and who will be there when you need support.

Start by asking:

“What parts of the foster care or adoption process does your agency handle?”

Then ask:

“Do you recruit, train, license, approve, complete home studies, match children and families, supervise placements, or provide support after placement?”

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Two dads and two children at the kitchen counter

Avoid Agencies that Overpromise

Many LGBTQI+ people come to foster care because they want to grow their families. That is real and valid, but it is important to understand that foster care is not the same as adoption.

Foster care is a temporary service provided through the child welfare system to promote safety, permanency, and well-being. Reunification is often the goal when it is safe enough for a child to return home. That may mean a child you love and care for is never available to be adopted by you. That can be hard, especially if you were not prepared for it, and it can also be the right outcome for the child.

Some children in foster care do become legally free for adoption, and some foster parents later adopt. Other children may not want to be adopted, but may still want a lifelong connection with a foster family.

A good agency should explain permanency clearly. Instead of promising you a child, it should explain reunification, legal risk, concurrent planning, adoption from foster care, and post-adoption support.

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The Simple Test: Look, Ask, Listen, Save

When you are researching agencies, use four steps.

  1. Look at what the agency shows publicly.
  2. Ask direct questions.
  3. Listen to how they answer.
  4. Save what they give you in writing.

You are not trying to catch anyone. You are trying to make an informed decision about who you will trust with your family and this process.

Green Flags, Yellow Flags, Red Flags

If An Agency Is Not Affirming

If an agency treats you unfairly, write down what happened. Include names, dates, emails, screenshots, and the exact words used when possible. Then ask for the agency’s policy in writing.

You may also want to check your state’s protections, contact your state child welfare agency or licensing office, reach out to an LGBTQI+ legal organization, or look for another agency if you have options.

Family Equality’s LGBTQ+ Foster Care Laws by State guide can help LGBTQI+ parents and parents-to-be understand laws, regulations, and state agency policies that may affect them. The guide is educational, not legal advice, and local practices may differ.

And remember: an agency’s bias is not a measure of your ability to parent.

This information was prepared and distributed by Family Equality, National LGBTQ Task Force Action Fund, and Unicorn Solutions.

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