IndianaHB 1389Second Regular Session 124th General Assembly (2026)House

Adoption and foster care matters.

Sponsored By: Shane Lindauer (Republican)

Signed by Governor

Summary

Prohibits a governmental entity from discriminating against a person in adoption and foster care matters based on the person's sincerely held religious belief, unless the discriminatory act as applied to the person is required to advance a compelling government interest and is the least restrictive means of advancing the interest. Specifies that a governmental entity may consider whether a person involved in adoption or foster care matters shares the same religion or faith tradition as a child or the child's parent when considering placement of a child. Allows a person to bring a cause of action against a governmental entity for discriminating against the person, or raise a violation as a claim or defense in a judicial proceeding, and allows for certain remedies. Provides that there is a two year statute of limitation for a discrimination claim.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Families and providers can enforce religious protections

Beginning July 1, 2026, people and organizations can sue Indiana government entities for violating these adoption and foster care protections. They can also raise violations as claims or defenses in court without first completing an agency appeal process. Lawsuits must start within two years of the alleged discriminatory act. Courts can declare rights, order action or stop it, and award money for losses plus reasonable attorney's fees and costs. This law does not allow lawsuits against courts.

Religious protections for foster and adoptive families

Beginning July 1, 2026, Indiana protects adoption and foster care providers, religious groups, and parents from government discrimination. Protections cover providing or refusing services, setting policies, and raising children based on sincerely held religious beliefs. Covered services include placement, licensing, home studies, kinship care, and family support; protections reach government funding, contracts, credentials, placements, taxes, penalties, and employment. Government discrimination is allowed only when necessary to serve a compelling government interest using the least restrictive approach. The law preserves state actions to prevent child abuse or neglect and licensing rules consistent with these protections.

Shared faith can shape children's placements

Beginning July 1, 2026, Indiana government entities may consider shared religion when deciding where to place a child. They may favor someone who shares the religion or faith tradition of the child or the child's parents. This permits a preference for matching placements over others, but does not require a particular placement.

Sponsors & Cosponsors

Sponsor

  • Shane Lindauer

    Republican • House

Cosponsors

  • Brian Buchanan

    Republican • Senate

  • Chris Jeter

    Republican • House

  • Dale DeVon

    Republican • House

  • Gary Byrne

    Republican • Senate

  • Greg Walker

    Republican • Senate

  • Liz Brown

    Republican • Senate

  • Mike Gaskill

    Republican • Senate

  • Robert Heaton

    Republican • House

  • Scott Alexander

    Republican • Senate

  • Spencer Deery

    Republican • Senate

  • Stacey Donato

    Republican • Senate

  • Tyler Johnson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 252 • No: 166

House vote • 2/19/2026

House concurred with Senate amendments

Yes: 84 • No: 12

Senate vote • 2/17/2026

Third reading: passed

Yes: 44 • No: 0

House vote • 2/2/2026

Third reading: passed

Yes: 69 • No: 29

House vote • 1/29/2026

Amendment #2 (Garcia Wilburn) failed

Yes: 26 • No: 63

House vote • 1/29/2026

Amendment #3 (Garcia Wilburn) failed

Yes: 29 • No: 62

Bill Text

  • Enrolled House Bill (H)

  • House Bill (H)

  • House Bill (S)

  • Introduced House Bill (H)

Related Bills

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