The Senate Judiciary Committee heard HB 1389 on adoption and foster care matters sponsored by Sen. Johnson and Sen. Walker and authored by Rep. Lindauer. The bill prohibits a governmental entity from discriminating against a person in adoption and foster care matters based on the person’s sincerely held religious belief. The bill also 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. In addition, the bill provides that there is a two-year statute of limitation for a discrimination claim.
The Committee amended the bill by consent to do the following:
- Allow a governmental entity to consider whether a foster or adoptive parent shares the same religion or faith tradition as: (1) a child being placed for adoption or foster services; or (2) the parent or parents of a child being placed for adoption or foster services.
- Specify that a governmental entity may not discriminate against a foster or adoptive parent unless the discriminatory act is required to advance a compelling governmental interest and is the least restrictive means of advancing the governmental interest.
- Provide that the new chapter concerning anti-discrimination in adoption and foster proceedings does not prohibit the department of child services from taking action to prevent child abuse or neglect or limit the department from enforcing certain licensing requirements.
The Indiana Family Institute and Alliance Defending Freedom testified in support of the bill. The amended bill passed 8-2.
Read the bill at: https://iga.in.gov/legislative/2026/bills/house/1389