IC 31-10-3.5-1 — General prohibition against discrimination
Chapter 3.5. Antidiscrimination in Adoption and Foster Proceedings
Bills citing this section
Section text
Sec. 1. (a) Except as provided in subsection (b), a governmental entity may not discriminate against any of the following: (1) A person that provides, or declines to provide, an adoption or foster care service in a manner consistent with the person's sincerely held religious belief. (2) An adoptive parent (as defined in IC 31-9-2-6) who raises, or intends to raise, a child in a manner consistent with the adoptive parent's sincerely held religious belief. (3) A foster parent (as defined in IC 31-9-2-47) who raises, or intends to raise, a child in a manner consistent with the foster parent's sincerely held religious belief. (4) A person that in a matter concerning adoption or foster care service: (A) maintains any policy and procedure; or (B) otherwise acts; consistent with the person's sincerely held religious belief. (b) A governmental entity may consider whether a person described in subsection (a) shares the same religion or faith tradition as: (1) a child when considering placement of the child to prioritize the child's placement with a person of the same religion or faith tradition; or (2) the child's parent or parents when considering placement of the child to prioritize the child's placement with a person who shares the same religion or faith tradition of the parent or parents of the child. (c) A governmental entity may not discriminate against a person described in subsection (a) unless the discriminatory act: (1) as applied to the person described in subsection (a), is required to advance a compelling governmental interest; and (2) is the least restrictive means of advancing the governmental interest.
As added by P.L.43-2026, SEC.6.
Source: official publisher (2026 edition)