Edited by: Sara Skandrani, Université Paris Nanterre, France
Reviewed by: Jean-Baptiste Marchand, University of Poitiers, France; Nicolas Serge Rabain, Médecine et Société, Université Paris Diderot, France; Clémence Dayan, Université Paris Nanterre, France
This article was submitted to Psychopathology, a section of the journal Frontiers in Psychology
This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) and the copyright owner(s) are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.
Globally, parents and children in same-sex parent families are impacted by many laws related to the parental sexual orientation. These laws vary considerably from one country to another, ranging from full legal recognition to criminalization. The psychological consequences of living in an ambiguous or hostile legal climate likely interfere with parental health, family functioning, and child development. However, a systematic evidence synthesis of the pertinent literature and its placement within a broader psychological model are currently lacking. The aims of this review were thus (1) to systematically review qualitative and quantitative evidence on the impact of sexual orientation laws on same-sex parent families in key domains and (2) to place these findings within a broader model informed by minority stress and family theories. Our review was preregistered and conducted in line with PRISMA guidelines. We searched for qualitative, quantitative, and mixed methods studies on the impact of sexual orientation laws on target outcomes (parental health, family functioning, child outcomes) via systematic database search (PubMed, Scopus, Web of Science) and forward-backward searches. Fifty-five studies published between 1999 and 2020 were eligible for inclusion and were synthesized using a data-based convergent synthesis design. Thirteen descriptive and three overarching analytical themes were identified through thematic synthesis. Linking our findings with minority stress and family theories, we propose a novel legal vulnerability model for same-sex parent families. The model posits that legal vulnerability constitutes an increased risk for parental and child health as well as family functioning through individual and shared pathways between family members. Additionally, the model introduces counteractions that families engage in on the personal, familial, and systemic level to mitigate the impact of legal vulnerability, as well as moderators on the contextual, familial, couple, and individual level that modulate this impact. Implications for research and clinical practice are discussed.
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Legal recognition and freedom from persecution have long been recognized as pivotal to the well-being and functioning of same-sex parent families by social scientists (Herek,
This lack of formalization in studying the impact of structural factors such as laws on same-sex parent families is not surprising: Research on same-sex parent families in general has been criticized as lacking explicit theoretical frameworks and integration within the broader family psychology literature (Farr et al.,
The purpose of this review is to address both points by (i) systematically summarizing the pertinent evidence on the impact of laws and legal recognition on the health and family functioning of same-sex parent families, (ii) placing it within existing minority stress and family theories, and (iii) outlining implications for research and practice. We do so by introducing the concept of legal vulnerability, which – as we theorize in a novel integrative model – links the impact of laws and legal recognition of same-sex parent families with individual and family-related outcomes.
Globally, the legal landscape for sexual minorities is varied and in constant flux (Waaldijk et al.,
For same-sex parent families, laws related to the recognition or criminalization of the family or its members are particularly salient
The tangible benefits of legal ties between family members are numerous (Shapiro,
Sexual orientation laws can also serve to criminalize sexual minorities (and thus, same-sex parents), for example through the criminalization of the parental sexual orientation (most commonly by penalizing same-sex sexual behavior; ILGA World et al.,
In recent years, many countries—particularly European and North American—have seen an unprecedented shift in the legal recognition of same-sex parent families (Waaldijk,
Globally, the noticeable legal progress in some parts of the world stands in stark contrast to its halt or even regress in many others. It is estimated that the majority of sexual minorities worldwide conceal their sexual orientation (Pachankis and Bränström,
The detrimental impact of restrictive sexual orientation laws (e.g., constitutional marriage bans), lacking legal relationship recognition or protection from discrimination, and a country's overall (socio-)legal climate have been repeatedly linked to adverse physical and mental health outcomes in sexual minority youth and adults. These include reduced life satisfaction (Pachankis and Bränström,
Sexual orientation laws have also been found to target stressors specific to sexual minority populations. These stressors are collectively termed minority stress (Meyer,
On the family level, lacking legal recognition of family relationships places an economic burden by the need to secure a legally binding family structure by means of wills and power of attorney (e.g., Perrin et al.,
Several key areas of parent and child health and family functioning seem to be affected by the legal climate and recognition of family relationships. However, the findings outlined above are characterized by considerable heterogeneity in terms of contexts, populations, study designs, and theoretical underpinnings and lack a unifying framework.
Accordingly, our review has two goals: First, we systematically review qualitative and quantitative evidence on the impact of sexual orientation laws on same-sex parent families on the following domains: (a) parental and child health, (b) family relationships and functioning (i.e., relationship quality, conflict, parenting), and (c) child educational and cognitive outcomes.
Second, we aim at deriving an integrative model that elucidates possible pathways through which sexual orientation laws affect same-sex parent families. For this purpose, we place our findings within well-established theories and key literature pertaining to minority stress (Meyer,
The protocol for this review was prepared according to PRISMA-P guidelines (Shamseer et al.,
Inclusion and exclusion criteria according to population, intervention/exposure, controls, outcome, study type (PICOS).
Publication and study type | • Peer-reviewed articles, book chapters, dissertation theses, unpublished research reports |
• Books, master theses |
Population | • Members of a same-sex parent family |
• Planned collaborative coparenting arrangements with more than two parents |
Intervention/exposure | • Operationalization (quantitative study) or discussion (qualitative study) of one or more sexual orientation laws |
• Laws related to asylum and sexual orientation, military laws and sexual orientation, local policies (e.g., at the workplace), laws concerned with gender identity (e.g., recognition of trans parenthood), laws related to sexuality in general (e.g., sex work) |
Controls | – | – |
Outcome | • Operationalization (quantitative study) or discussion (qualitative study) of one of the following outcomes: |
• Material/financial outcomes, even if health-related (e.g., access to health insurance) |
We searched three electronic databases (
We did not systematically search gray literature databases due to the complexity of our search string and the limited possibilities of these databases to handle complex Boolean combinations and truncations (see e.g., Gusenbauer and Haddaway,
The first and second author piloted the eligibility screening on a random sample of 50 records and then screened another 200 randomly selected records to calculate interrater reliability. Interrater agreement was deemed sufficiently high (94%; κBrennan−Prediger = 0.88) to ensure a reliable screening of the remaining records (2,514) by one rater (see
PRISMA flow diagram of the study selection process.
The first two authors independently carried out the fulltext assessments of eligible studies identified via database search (
We developed standardized coding materials (OSF-Supplement S3) to ensure reliable extraction of the following variables: Publication source; methodology; study name and wave (if applicable); year, country, and mode of data collection; sample size and characteristics (e.g., generation [parent, child, both], age, gender, socioeconomic status); family type; type of law; timeframe (current, retrospective, mixed) for qualitative studies; measurement points (cross-sectional, longitudinal, repeated cross-sectional) for quantitative studies; outcome information on measurement and conceptual level.
The first and second author independently coded each study and resolved discrepancies by discussion and verification with original reports. Interrater agreement was excellent (
We extracted effect sizes on the strength of the association between either legal variation, parental legal status, or country of residence and any of our specified outcomes (i.e., parent and child health, family functioning, child educational attainment) from quantitative studies. Although not preregistered, we also extracted effect sizes on predictors of law-related health outcomes (e.g., predictors of worrying about legal status, Reeves,
We chose a data-based convergent design (Hong et al.,
Specifically, we chose to “qualitize” findings by using thematic synthesis (Thomas and Harden,
Thematic synthesis follows three steps, namely descriptive line-by-line coding, the generation of descriptive themes, and the generation of analytical themes that go beyond the data (Thomas and Harden,
The first three authors independently performed inductive line-by-line coding of these studies' results sections and generated a first set of codes. During this early stage, we already placed codes within three groups (later defined as our analytical themes): (i) Codes that were concerned with the impact of laws, (ii) codes that were concerned with counteractions families engaged in to mitigate this impact, and (iii) codes that described possible moderators of this impact. For impact-related codes, we specified the valence (positive, negative, no effect). For codes relating to counteractions, we also extracted reasons not to engage in this counteraction or side-effects of this counteraction.
The resulting codebook was circulated among all researchers and iteratively refined. To facilitate integration with existing minority stress and family theories, codes were labeled in line with terminology used within these frameworks where possible.
Consequently, result sections of remaining studies were assigned codes using a deductive-inductive approach. That is, we chose to assign codes based on our initial codebook where possible but allowed for new codes to emerge. In quantitative studies, results from hypothesis tests of interest to our review were assigned codes. In qualitative studies, quotes from individual participants and study authors' interpretations or descriptions of themes were assigned codes. Including individual participants' quotes ensured the inclusion of studies not primarily concerned with the impact of laws or legal recognition or of studies that did not report higher-order themes relevant to the review.
The first author coded all studies and refined the codebook by collapsing or further differentiating codes. Due to the heterogenous sociolegal climate described in these studies, we chose to code every study at the lowest (i.e., the code) level. The refined codebook was again circulated among all researchers.
Separating the impact of sexual orientation laws from the impact of societal prejudice, general legal challenges for stepfamilies, or lacking biological ties to a child posed a challenge during coding. Arguably, the compound impact of these related (but distinct) phenomena makes a differentiation impossible for research participants themselves. We employed a conservative coding strategy and only included quotes and study authors' statements that explicitly referenced the impact of laws or (lacking) legal recognition. While this certainly resulted in a loss of codable data, it strengthens the validity of our results.
The first and second author independently coded 36% of studies according to the final codebook (OSF-Supplement S6). Remaining studies were coded by the first author and the assignment of codes was validated by the second author. Discrepancies were resolved by discussion within the research team.
After completion of coding, we developed and critically discussed broader descriptive themes. While being firmly grounded in primary study results, we assigned theme labels again in line with minority stress and family theories. Lastly, three overarching analytical themes were developed that reflected our initial grouping (i.e., impact-related themes, counteractions, moderators).
We conducted a negative case analysis after completion of coding (Yardley,
According to the classification of research synthesis by Suri (
In all, the present review comprises 55 studies (49 unique samples).
Study characteristics related to sociodemographics; overall and stratified by investigated generation.
Mixed (planned and stepfamilies) | 28 | 22 | 5 | 1 |
Planned | 17 | 16 | 1 | – |
Stepfamilies | 1 | 1 | – | – |
Not reported/unclear | 9 | 8 | – | 1 |
Overall ( |
1,958,088 (39,961; 6–1,952,490) | 4,470 (106; 6–732) | 1,952,839 (390,568; 8–1,952,490) | 779 (390; 37–742) |
Excl. controls ( |
13,195 (269; 6–7,792) | 4,275 (102, 6–732) | 8,141 (1,628; 8–7,792) | 779 (390; 37 – 742) |
Overall ( |
5,598 (117, 6–742) | 4,470 (106, 6–732) | 349 (87, 8–153) | 779 (390, 37–742) |
Excl. controls ( |
5,403 (113; 6–742) | 4,275 (102, 6–732) | 349 (87, 8–153) | 779 (390, 37–742) |
Female | 24 | 24 | – | – |
Male | 1 | 1 | – | – |
Mixed | 30 | 22 | 6 | 2 |
Predominantly |
22 | 21 | – | 1 |
Not predominantly well-educated | 3 | 3 | – | |
Unclear/not reported | 24 | 23 | – | 1 |
Predominantly |
29 | 27 | – | 2 |
Not predominantly White/European American/Caucasian | 4 | 4 | – | |
Unclear/not reported | 16 | 16 | – | – |
Children (0–18) | 2 | – | 2 | – |
Adults (18+ years) | 2 | – | 1 | 1 |
Mixed | 4 | – | 3 | 1 |
Study characteristics regarding investigated laws and timeframe.
General legal situation for same-sex parent families | 24 |
Adoption (general and second-parent) | 12 |
Marriage and civil union | 9 |
Country of data collection (proxy) | 3 |
Marriage and civil union; anti-discrimination laws |
1 |
Adoption (general and second-parent); Anti-discrimination laws | 1 |
Composite score of legal climate | 1 |
Criminalization | 1 |
Anti-discrimination laws | 1 |
Other |
2 |
Current | 21 |
Retrospective | 11 |
Mixed | 14 |
Cross-sectional | 9 |
Longitudinal | 1 |
Repeated cross-sectional | 1 |
Almost two thirds of studies were conducted in the US (
Our final database comprised 633 coded units of data (
We identified 50 codes that we grouped into 13 descriptive themes and three analytical themes (see
Frequencies of assigned codes across studies as well as corresponding descriptive and analytical themes and model pathways.
I-E-1 | School progress | Education | Impact | 1 (1.82) | 100 | F.9 |
I-F-1 | Division of labor (parenting tasks) | Family | Impact | 9 (16.36) | 18.18 | F.3 |
I-F-2 | Family legitimacy and cohesion | Family | Impact | 21 (38.18) | 6.45 | F.1 |
I-F-3 | Interparental relationship | Family | Impact | 9 (16.36) | 33.33 | P.6/F.2 |
I-F-4 | Parent-child relationship | Family | Impact | 14 (25.45) | 26.09 | F.7 |
I-F-5 | Parental legitimacy | Family | Impact | 17 (30.91) | 12 | F.6 |
I-F-6 | Relationship with family of origin | Family | Impact | 7 (12.73) | 22.22 | P.2 |
I-F-7 | Relationship with wider social network | Family | Impact | 1 (1.82) | 100 | P.2 |
I-F-8 | Sibling relationship | Family | Impact | 2 (3.64) | 33.33 | F.8 |
I-G-1 | False panacea | General | Impact | 13 (23.64) | P.1/P.5 | |
I-G-2 | No impact | General | Impact | 2 (3.64) | 100 | – |
I-H-1 | Health and well-being | Health, well-being, and security | Impact | 14 (25.45) | 24 | P.2/F.9 |
I-H-2 | Hypervigilance | Health, well-being, and security | Impact | 7 (12.73) | 0 | P.2 |
I-H-3 | Legal-financial security | Health, well-being, and security | Impact | 26 (47.27) | 0 | P.2 |
I-H-4 | Perceived powerlessness | Health, well-being, and security | Impact | 5 (9.09) | 0 | P.2 |
I-M-1 | (Frustration with) discrimination and unequal treatment | Minority stress | Impact | 25 (45.45) | 10.64 | P.1/P.5 |
I-M-2 | (Legal) rejection sensitivity | Minority stress | Impact | 15 (27.27) | 0 | P.1/P.5 |
I-M-3 | Sexual orientation concealment | Minority stress | Impact | 10 (18.18) | 16.67 | P.1/P.5 |
I-S-1 | Backlash | Safety concerns | Impact | 2 (3.64) | 0 | P.2 |
I-S-2 | Constant concerns | Safety concerns | Impact | 10 (18.18) | 0 | P.2 |
I-S-3 | Family cohesion | Safety concerns | Impact | 18 (32.73) | 3.03 | P.2 |
I-S-4 | Health and well-being | Safety concerns | Impact | 16 (29.09) | 11.11 | P.2 |
I-S-5 | Legal-financial | Safety concerns | Impact | 11 (20) | 0 | P.2 |
I-S-6 | Physical symptoms | Safety concerns | Impact | 2 (3.64) | 0 | P.2 |
C-F-1 | Acquiescence | Within family | Counteraction | 1 (1.82) | C.2 | |
C-F-2 | Creation of emotional dependency | Within family | Counteraction | 1 (1.82) | C.2 | |
C-F-3 | Creation of financial dependency | Within family | Counteraction | 1 (1.82) | C.2 | |
C-F-4 | Creation of legal dependency | Within family | Counteraction | 17 (30.91) | C.2 | |
C-F-5 | Emotion regulation (others) | Within family | Counteraction | 4 (7.27) | C.2 | |
C-F-6 | Parenting practices | Within family | Counteraction | 2 (3.64) | C.2 | |
C-P-1 | Emotion regulation (self) | Within person | Counteraction | 1 (1.82) | C.1 | |
C-P-2 | Information seeking | Within person | Counteraction | 5 (9.09) | C.1 | |
C-P-3 | Overcoming heteronormativity | Within person | Counteraction | 5 (9.09) | C.1 | |
C-S-1 | Activation of community accountability | Within system | Counteraction | 7 (12.73) | C.3 | |
C-S-2 | Activism | Within system | Counteraction | 8 (14.55) | C.3 | |
C-S-3 | Concealment | Within system | Counteraction | 5 (9.09) | C.3 | |
C-S-4 | Legal documents and paper trails | Within system | Counteraction | 22 (40) | C.3 | |
C-S-5 | Opposing/ignoring legal limitations | Within system | Counteraction | 5 (9.09) | C.3 | |
C-S-6 | Relocation | Within system | Counteraction | 8 (14.55) | C.3 | |
C-S-7 | Symbolism | Within system | Counteraction | 17 (30.91) | C.3 | |
M-CF-1 | Anecdotal evidence and role models | Contextual factors | Moderator | 7 (12.73) | M.1 | |
M-CF-2 | Reaction of others | Contextual factors | Moderator | 22 (40) | M.1 | |
M-CF-3 | Saliency of legal recognition | Contextual factors | Moderator | 18 (32.73) | M.1 | |
M-CC-1 | Couple gender | Couple characteristics | Moderator | 4 (7.27) | M.3 | |
M-CC-2 | Socioeconomic status | Couple characteristics | Moderator | 11 (20) | M.3 | |
M-F-1 | Family member | Family characteristics | Moderator | 9 (16.36) | M.2 | |
M-F-2 | Family type | Family characteristics | Moderator | 6 (10.91) | M.2 | |
M-I-1 | Child characteristics | Individual differences | Moderator | 5 (9.09) | M.4 | |
M-I-2 | Legal awareness | Individual differences | Moderator | 2 (3.64) | M.4 | |
M-I-3 | Parental characteristics | Individual differences | Moderator | 8 (14.55) | M.4 |
See OSF-Supplement S10 for detailed descriptions of codes and themes. The essence of our thematic synthesis is summarized below.
The analytical theme
The analytical theme
The analytical theme
We identified eleven coded units from nine studies (3% of impact statements) in our negative case analysis (see OSF-Supplement S11). These include losing financial benefits due to legal change (e.g., single parent benefits,
Our thematic synthesis identified (i) pathways through which sexual orientation laws might impact key predictors and outcomes of parental and child health and family functioning, (ii) factors that may moderate this association, and (iii) counteractions that family members engage in to mitigate these effects. We now integrate these findings with existing empirical work and theories from the field of minority stress and family research (see below) and propose a conceptual, empirically testable model of legal vulnerability for same-sex parent families. Given the mostly qualitative or mixed methods evidence (85%) and the heterogeneous or insufficient operationalizations of legal status or sexual orientation laws in quantitative studies (e.g., using country of data collection as a proxy), we emphasize the hypothesis-generating nature of our model.
Our model is illustrated in
The legal vulnerability model for same-sex parent families. Colored arrows (green) are outlined in detail here and depict empirically testable relations between constructs, not evidence strength. *Nonlegal status to (grand-)child and/or partner.
Impact of legal vulnerability on parental health. Colored arrows (blue) are outlined in detail here and depict empirically testable relations between constructs (highlighted with colored headings), not evidence strength. Dashed lines depict indirect effects of legal vulnerability (i.e., through other constructs). Thin, unlabeled arrows (e.g., between other relational stress and health outcomes) depict interrelations between constructs outlined in detail elsewhere. Note that legal vulnerability is depicted outside the parental unit for clarity. Terminology was chosen in line with Feinstein (
Impact of legal vulnerability on family functioning and child outcomes. Colored arrows (orange) are outlined in detail here and depict empirically testable relations between constructs (highlighted with colored headings), not evidence strength. Dashed lines depict indirect effects of legal vulnerability (i.e., through other constructs). Thin, unlabeled arrows (e.g., between parental adjustment and coparenting) depict interrelations between constructs outlined elsewhere. Boxes colored in orange as well as dot-dashed-lines depict relationships between family members. Note that legal vulnerability is depicted outside the family unit for clarity. Terminology was chosen in line with Feinberg (
Counteractions to alleviate the impact of legal vulnerability on the personal, familial, and systemic level. *Nonlegal status to child and/or partner.
The legal vulnerability model is based on minority stress and family theories, which we briefly summarize below.
Minority Stress Theory (Meyer,
The Psychological Mediation Framework (Hatzenbuehler,
The Rejection Sensitivity Model (Feinstein,
The Couple-Level Minority Stress Model (LeBlanc et al.,
Family Systems Theory conceptualizes the family as an organized whole, where family members (and consequently their behaviors, cognitions, and emotions) are mutually interdependent (Minuchin,
The Coparenting Model (Feinberg,
Several studies in our review (e.g., Goldberg and Kuvalanka,
Therefore, we offer a working definition of legal vulnerability for same-sex parent families
This working definition emphasizes four important characteristics of legal vulnerability: First, its influence on the family unit is defined as enduring and stable, rather than as instantaneous. Second, in line with family system theory (Minuchin,
Our empirical evidence base and the theoretical foundations of our model would allow for a focus on mental health. We chose to use the general term “health” for two reasons: First, physical health disparities and physical health correlates of minority stress are commonly conceptualized as sequelae of heightened (minority) stress exposure (Lick et al.,
We propose that legal vulnerability exacerbates well-established minority stressors (e.g., discrimination, sexual orientation concealment, and rejection sensitivity; P.1) but also constitutes an independent minority stressor that impacts health-related outcomes and mediating psychological processes directly (P.2). Pathways P.3 and P.4 depict these mediational pathways (as theorized in the Psychological Mediation Framework; Hatzenbuehler,
We found evidence that legal vulnerability can lead to concealment of the parents' sexual orientation or the parental role (e.g., Sobočan,
Legal vulnerability also adds a structural facet to rejection sensitivity (Feinstein,
Similar to individual rejection sensitivity (Feinstein,
We did not find evidence for a link between legal vulnerability and internalized homonegativity (see Reeves,
Ruminative tendencies are reflected in various and consuming safety concerns that parents experience as a consequence of their legal vulnerability. Within our review, these included concerns about the family's cohesion (e.g., Hequembourg and Farrell,
Legal vulnerability is also associated with hypervigilance because of the non-recognized, ambiguous, or criminalized legal status of the family (members). This hypervigilance manifested itself in diverse ways within our review, for example by always having important legal documents at hand (e.g., Park et al.,
Legal vulnerability might also be associated with social support from people outside the family unit, particularly the family of origin, as evidence suggests (e.g., Hequembourg and Farrell,
Lastly, legal vulnerability might amplify maladaptive cognitive processes such as feelings of invisibility, hope- and powerlessness. In studies within our review, these feelings were directed toward the state or legal system (e.g., Gash and Raiskin,
The evidence found in our review also points to direct effects on parental health (but see Vyncke and Julien,
The economic consequences of sexual orientation legislation on the individual (Ash and Badgett,
We propose that legal vulnerability also impacts parental health through minority-specific (P.5) and general (P.6) psychological processes that parents experience jointly, as well as through mediating pathways linking minority stress to health outcomes (P.7). To conceptualize these effects, we draw on the couple minority stress model (LeBlanc et al.,
Of note, no study in our review directly addressed the impact of legal vulnerability on the mediating role of minority stress in impaired relationship functioning or general relational stress (P.7). We include this pathway for the sake of completeness (see LeBlanc et al.,
Our review suggests that the legal recognition of the interparental or the parent-child relationship is associated with increased feelings of family legitimacy, stability, normalcy, and cohesion for all family members (Short,
We propose that legal vulnerability impacts the interparental relationship due to direct and indirect effects: First, lacking legal recognition of the interparental relationship (through marriage or civil unions) may translate into a lack of pre-defined relational roles for same-sex relationships (e.g., Zamperini et al.,
Second, we found evidence within our review that the consequences of an unrecognized parent-child relationship might spill over into the interparental relationship due to a legal power differential between parents (e.g., Padavic and Butterfield,
Drawing on the coparenting model (Feinberg,
No study in our review investigated the impact of impaired coparenting due to legal vulnerability on child outcomes directly (F.5). However, the general association between coparenting and child outcomes is a well-established finding in the family literature for both mixed-sex (Teubert and Pinquart,
Important determinants of coparenting are individual parenting behaviors and aspects of parental adjustment, such as parental self-efficacy and parental mental health (Feinberg,
Within the studies included in our review, the impact of legal vulnerability on the parent-child relationship was most noticeable in the case of relationship dissolutions (Goldberg and Allen,
Conversely, the legal validation of the parent-child relationship (e.g., through a second-parent adoption) can serve to validate the relationship between parents and children, as evidence suggests (Goldberg et al.,
Similar to the impact on the parent-child-relationship, legal vulnerability can affect the sibling relationship after a parental relationship dissolution. Specifically, siblings with different legal parents might be reared apart (see Goldberg and Allen,
Children might experience stressors related to the lacking legal recognition of family relationships or the criminalization of their parents' sexual orientation. Within our review, this included feelings of reduced family legitimacy (F.1), but also experiences of discrimination (Bos et al.,
Only one study in our review investigated the impact of sexual orientation laws on children's educational attainment using eight waves of data from the large-scale American Community Survey (Boertien and Bernardi,
The impact of legal vulnerability on parental outcomes (see above) may have indirect ramifications for child adjustment. Specifically, a plethora of studies established that impaired parental mental health (Goodman et al.,
While not focal to our review, we also propose that the economic and legal disadvantages of unrecognized family relationships (e.g., lack of health insurance, Gonzales and Blewett,
Evidence for the delineated pathways in our model (particularly for family relationships) were not uniformly found within studies (see rightmost column of
Evidence within our review suggests that family members engage in person-centered counteractions such as emotion regulation (Butterfield and Padavic,
Family members engage in counteractions to mitigate legal vulnerability in other family members, as evidence within our review suggests. These relate to emotion regulation (e.g., parents instilling pride in their children about their family; e.g., Goldberg et al.,
Of note, three counteractions stem from only one study included in our pilot sample (Butterfield and Padavic,
Family members engage in counteractions that are directed toward people or institutions outside the family unit. Within studies in our review, this entailed (legally) securing the family structure through obtaining wills or power of attorney (not surprisingly the most frequent counteraction; e.g., Dalton and Bielby,
Evidence suggests that families also choose to ignore legal limitations (e.g., a non-legal parent acting as a legal guardian; e.g., Rawsthorne,
None of the counteractions above provide the legal protection that would be automatically conferred by law and some may even have negative ramifications as our review suggests. Particularly strategies related to securing the family structure via other means were considered to be (too) costly, time-consuming, frustrating, or shameful (e.g., Rostosky et al.,
First, our review identified important actors outside the family (see
Second, anecdotal evidence from other families experiencing legal disadvantages (e.g., Surtees,
Third, the impact of legal recognition fluctuates in everyday family life. Within our review, it was found to be more salient while traveling (e.g., Gash and Raiskin,
Characteristics of the family may moderate the impact of legal vulnerability or the family's ability to engage in counteractions. We found that different family types, such as planned (Polaškova,
Moderating characteristics on the couple level found in our review are the gender of the couple (e.g., Taylor,
Characteristics of the parents, including age (Reeves,
With regard to minority stress in particular, one study included in our review found that parental internalized homonegativity moderated the association between a state's legal climate and changes in depression and anxiety during the 1st year of parenthood (Goldberg and Smith,
Based on a thematic synthesis of 55 studies, we introduced the legal vulnerability model for same-sex parent families that aims to link the impact of legal recognition of family relationships with minority stress and family theories on the individual, couple, and family level. We propose that legal vulnerability increases the risk for all family members of experiencing or expecting adverse outcomes in health- and family-related domains. Family members also actively engage in counteractions to alleviate the impact of legal vulnerability. Characteristics on the contextual, familial, couple, and individual level may moderate the impact of legal vulnerability or their ability to engage in counteractions.
Based on the evidence within our review, we assume that a legally secure family structure is in the best interest of all family members. The relatively scarce findings that suggest no or a counterintuitive impact of sexual orientation laws on certain outcomes (e.g., family relationships) should not be used as a justification for denying sexual (or other) minority groups' access to equal rights. Rather, they can be seen as evidence of the resilience that same-sex parent families show when maintaining loving and committed family relationships amidst an unfavorable legal climate and concurrent societal stigmatization.
A strength of our model is its empirical evidence base gathered via systematic literature search and synthesis. Its grounding in minority stress and family theories overcomes criticism in the field (Farr et al.,
Many of the proposed pathways in our model await empirical examination using rigorous, quantitative designs. Specifically, little is known about how legal vulnerability impacts family relationships and child outcomes and how it manifests itself in families deviating from the predominantly white, female-headed, and well-educated families within our sample (see below). Moreover, a concomitant examination of impact-related factors, moderating characteristics, and counteractions seems warranted to advance our understanding of legal vulnerability.
Quantitative investigations of the pathways outlined in the legal vulnerability model are paramount considering the current primarily qualitative evidence base.
Across jurisdictions, we suggest including items related to family relationships, parenting, or child outcomes in multi-nation investigations into sexual minority health (e.g., European Union Agency for Fundamental Rights,
Within jurisdictions, variation in legal vulnerability can be assessed in several ways. Many of the approaches outlined below have already been recommended in pertinent reviews on the advancement of research on same-sex couples and families in general (e.g., LeBlanc et al.,
First, in jurisdictions without legally recognized relationships, dyadic designs (e.g., actor-partner interdependence models, Smith et al.,
Second, in jurisdictions with legally recognized relationships, investigations into “lingering” or continued effects of legal vulnerability (e.g., on parental legitimacy or legal rejection sensitivity) seem warranted. Legal advances for sexual minorities are recent phenomena globally and same-sex parent families today are likely to have faced legal vulnerability at some point in their shared family biography in the past. Indeed, referenda and campaigns on sexual minority rights can exert long-lasting influences on sexual minorities (Russell et al.,
Third, researchers could draw on legal variation within a jurisdiction by assessing outcomes before and after legal change (i.e., akin to a quasi-experimental design; see Hatzenbuehler et al.,
The proposed research designs necessitate psychometric innovations to measure the legal climate for same-sex parent families and aspects of legal vulnerability on the individual level. On the country level, several indices to measure the general (socio-)legal climate for sexual minorities have been recently developed (e.g., Lee and Ostergard,
On the individual level, we suggest developing and validating measures that capture different manifestations of legal vulnerability (e.g., legal worries, family legitimacy due to [lacking] legal recognition) and family members' counteractions to tackle legal vulnerability. Researchers can utilize existing scales that measure aspects of legal vulnerability directly (e.g., legal worries; Shapiro et al.,
The development of models related to sexual minority health on the individual, couple, and family-level has proliferated in recent years. Future research could integrate legal vulnerability in the family resilience model (Prendergast and MacPhee,
Comparatively little is known about how legal vulnerability impacts family functioning, relationships, and child outcomes. Our evidence suggests that children are relatively unaffected by legal vulnerability (as compared to their parents), particularly in their family relationships and functioning (Malmquist et al.,
The degree of spillover of legal vulnerability into family life can be considered the key determinant of how far it impairs the child's well-being. Concurrent assessments of parents and children could shed light on the degree to which same-sex parents are able to “compartmentalize” legal vulnerability and avoid a spillover into the parent-child relationship or parenting practices (consequently influencing child outcomes).
With regard to populations, our sample is biased toward white, well-educated (presumably), cisgender, and female-headed families. Future research should strive for including diverse families in terms of parental gender and sexual orientation (e.g., bisexual parents in same-sex relationships, unique legal vulnerabilities of transgender parents), race/ethnicity, and socioeconomic background, while incorporating an intersectional approach (Bowleg,
First, legal vulnerability for same-sex parent families is caused and perpetuated by the lacking legal recognition of family relationships, just as minority-specific drivers of sexual minority health disparities are caused and perpetuated by structural and societal stigmatization (Pachankis,
Second, legal vulnerability needs to be acknowledged as a source of psychological strain for all family members in clinical practice. This entails adapting mixed-sex family therapy programs and minority stress related approaches for individuals or couples (Pachankis,
Our model bears several implications for the derivation of such programs: Clinicians can use the counteractions proposed in our review to delineate counseling approaches for legally vulnerable same-sex parent families. Many counteractions found within our review map onto well-established family resilience processes (Walsh,
Our list of moderators might be used to identify families (or individuals) that are particularly vulnerable or, conversely, equipped with many resources (e.g., families with a high socioeconomic status). Resilience-focused therapy and counseling approaches could aim at deriving useful coping strategies for dealing with legal vulnerability as parents and outlining effective and age-appropriate strategies to address legal vulnerability in children. However, the integration of legal vulnerability into clinical practice is by no means limited to structured therapy programs. For example, informal meeting groups have been found to be an important source of social support but also legal information for same-sex parents (Kazyak,
In jurisdictions with legal recognition for same-sex parent families, we argue that it is important to address possible lingering effects of legal vulnerability. For example, a study on same-sex couples (post marriage legislation) found that perceived unequal relationship recognition (e.g., feelings of the relationship being treated as “second-class” by the government) predicted adverse mental health outcomes irrespective of legal relationship status (LeBlanc et al.,
Clinicians should also be mindful about the legal shifts that have characterized the past decade in many countries, but they should not be oblivious to more insidious forms of minority stress that continue to shape sexual minorities' lives. Experiencing minority stress does not end when legal equality sets in, as evidence from our review (e.g., Rawsthorne,
First, we excluded studies that (i) focused on the impact of sexual orientation laws on family formation, (ii) were concerned with same-sex couples with unclear parental status, (iii) investigated discrimination unrelated to the legal system, or (iv) investigated family constellations with one or more than two parents. All of these studies are beyond the scope of our review and necessitate their own synthesis. Still, some of these studies may have yielded responses by participants that would have warranted inclusion in our review (e.g., studies concerned with family formation that reported data on the 1st years of parenthood).
Second, we did not systematically search for gray literature excepting our forward-backward search. Publication and other dissemination biases are typically framed as a threat to the synthesis of quantitative studies (Rothstein et al.,
In a similar vein, we only included studies published in English or German. This language bias might have resulted in the omission of studies investigating the impact of criminalizing laws in particular, as they might have been published in their native language or in a non-traditional outlet not to be found via our database search. Furthermore, our sample is heavily biased toward Western countries (with almost two thirds of studies originating from the US in particular) and only includes one study (Zhabenko,
Third, we did not systematically stratify our results by different laws. We did not deem this distinction useful, as same-sex parent families often reported on the impact of lacking legal recognition of both the interparental and parent-child relationship. Future research might benefit from delineating the impact of specific laws (e.g., marriage) on key outcomes.
Fourth, synthesizing results across studies from countries with varying sociolegal climates gives rise to a possible decontextualization of findings (Thomas and Harden,
Fifth, the conflation of societal prejudice (arguably higher in countries with lacking legal recognition, Smith et al.,
In this systematic review, we introduced the novel concept of legal vulnerability that serves to link sexual orientation laws impacting same-sex parent families with parental, child, and family outcomes. Many of the complex and reciprocal pathways outlined in our model have yet to be put to rigorous empirical tests. Yet, it is not premature to claim that a legally secure family structure is not only from a human rights perspective, but also from a psychological perspective in the best interest of both parents and children.
The datasets presented in this study can be found in online repositories. The names of the repository/repositories and accession number(s) can be found at:
MS, CA, NM, and MZ conception, design of study, analysis, interpretation of data, and approval of final version. MS, CA, and NM acquisition of data. MS drafting the manuscript. CA, NM, and MZ revised the manuscript critically for important intellectual content. All authors contributed to the article and approved the submitted version.
The authors declare that the research was conducted in the absence of any commercial or financial relationships that could be construed as a potential conflict of interest.
We would like to thank Kseniya Kirichenko for inspiring this paper and sharing her expertise on sexual orientation law. We would like to thank Diederik Boertien, Abbie E. Goldberg, Ellen C. Perrin, and Michael Stambolis-Ruhstorfer for providing us with additional information to their studies. We would also like to thank Verena Siegel, Ana Stijovic, and Amos-Silvio Friedrich for their thoughtful feedback on this manuscript.
1Importantly, sexual orientation laws also regulate the access to reproductive technologies. However, the impact of legislation on family formation in same-sex parent families is beyond the scope of this review.
2Sexual minorities are impacted by the legislation in their country, but also by concomitant societal attitudes (Hatzenbuehler et al.,
3Notably, various other family forms may face legal vulnerability, including immigrant families (Brabeck et al.,
*References marked with an asterisk were included in the systematic review and cited in text. The full list of studies included in the systematic review is available at: