LGBT-Inclusive Definitions of Family
To ensure the equal treatment of LGBT patients and their families, healthcare institutions should adopt an explicitly inclusive definition of “family.” The following definition of “family” reflects best hospital policy provisions identified through the Healthcare Equality Index survey and incorporates the expert advice of healthcare providers, hospital administrators, and legal counsel:
- [HOSPITAL] adopts the following definition of “family” for purposes of hospital-wide visitation policy: “Family” means any person(s) who plays a significant role in an individual’s life. This may include a person(s) not legally related to the individual. Members of “family” include spouses, domestic partners, and both different-sex and same-sex significant others. “Family” includes a minor patient’s parents, regardless of the gender of either parent. Solely for purposes of visitation policy, the concept of parenthood is to be liberally construed without limitation as encompassing legal parents, foster parents, same-sex parent, step-parents, those serving in loco parentis, and other persons operating in caretaker roles.
This definition of "family" establishes a broad and encompassing concept of family. The specifically enumerated members of family provide guidance to staff and prevent biased interpretation to the contrary. It should be noted that the concept of “domestic partners” contained in this definition encompasses not only domestic partnerships, but all legally recognized same-sex relationships, including civil unions and reciprocal beneficiary arrangements. The definition also focuses on a functional definition of parenthood as established by the individual’s role as caretaker of a minor child. This is designed to ensure visitor access for the individuals most responsible for the care of a minor patient, even if this caretaker relationship lacks formal recognition under applicable state law.
This definition of “family” places hospital personnel on notice as to the unique nature of parenthood in the visitation context. While the definition requires that caretaker-individuals be granted access to visit minor patients, this caretaker status does not necessarily carry with it the rights that accompany legal parental status. For instance, applicable state law may dictate that only a biological or custodial parent may determine the course of medical care for a minor child.
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