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Legislative Update

Adoption and foster care matters

March 13, 2026 Filed Under: Juvenile

H.E.A. 1389, P.L. 43-2026

Effective: July 1, 2026

  • 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. 

Read the bill at: https://iga.in.gov/legislative/2026/bills/house/1389/

Filed Under: Juvenile Tagged With: adoption, cause of action, foster parents, statute of limitations

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