HB 1389 Indiana House · 2026 Regular Session

Adoption and foster care matters.

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.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Passage
Feb 2026
Senate Passage
Feb 2026
Signed into Law
Feb 2026
Introduced Jan 8, 2026 Signed Feb 26, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

House Bill (S) House Bill (H) · 3 edits
MINOR
The bill was amended to add a critical exception allowing government entities to discriminate based on religious beliefs if doing so advances a compelling government interest using the least restrictive means. Additionally, the law now explicitly permits considering religious faith when placing children with parents or guardians of the same faith, and the bill's timeline was updated to reflect its passage in the Senate.
Scope change
The bill's scope was narrowed by adding a specific legal exception for government entities, limiting the prohibition on religious discrimination to cases where no compelling government interest is served.
REQUIREMENT

Added a legal exception allowing government entities to discriminate based on religious beliefs if necessary to advance a compelling government interest through the least restrictive means.

ELIGIBILITY

Explicitly authorized government entities to consider whether a child and their parent share the same religion or faith tradition when making placement decisions.

TIMELINE

Updated dates throughout the document from January 27, 2026, to February 13, 2026, reflecting the bill's progression through the Senate and its final engrossment.

Floor votes · Senate Feb 17, 2026 · House Feb 2, 2026

How they voted

430
Passed · 6 other
Total votes 49
Feb 17, 2026
D Democratic9
7 Yea 2
77% Yea
R Republican40
36 Yea 4
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
9
Committee
2
Amendments
2
Feb 26, 2026
Signed into law
Signed by the Governor
executive
Feb 25, 2026
Upper · Passed
Signed by the President of the Senate
upper
Feb 24, 2026
Upper · Passed
Signed by the President Pro Tempore
upper
Feb 23, 2026
Lower · Passed
Signed by the Speaker
lower
Feb 19, 2026
Lower · Passed
House concurred with Senate amendments; Roll Call 300: yeas 84, nays 12
lower
Feb 17, 2026
Upper · Passed
Third reading: passed; Roll Call 194: yeas 44, nays 0
upper
Feb 12, 2026
Upper · Passed
Committee report: amend do pass, adopted
upper
Feb 2, 2026
Lower · Passed
Third reading: passed; Roll Call 196: yeas 69, nays 29
lower
Jan 29, 2026
Amended
Amendment #3 (Garcia Wilburn) failed; Roll Call 159: yeas 29, nays 62
lower
Jan 29, 2026
Amended
Amendment #2 (Garcia Wilburn) failed; Roll Call 158: yeas 26, nays 63
lower
Jan 27, 2026
Lower · Passed
Committee report: do pass, adopted
lower
4 primary · 9 co-sponsors

Sponsors