Over the last several years, there has been an increase in federal and state laws addressing parental rights as they relate to children conceived as the result of a sexual assault. These laws received more support with passage of a federal law, the Justice for Victims of Trafficking Act of 2015.

Through Title IV of this act, called the Rape Survivor Child Custody Act, Congress articulated that “men who father children through rape should be prohibited from visiting or having custody of those children,” and that “thousands of rape-related pregnancies occur annually in the United States.”¹ Congress further recognized that causing victims to continue to interact with their rapists through their children could have “traumatic psychological effects” on victims and “negatively impact [their] ability to raise a healthy child.”

According to the National Conference of State Legislatures (“NCSL”), currently “30 states allow for the termination of parental rights,” and “20 states allow for some form of restriction.”² Consult your agency’s state-specific supplemental guide for information on how a victim may limit or terminate parental rights.