(B) Over 14,000 children are currently in 
placements with gay, lesbian, and bisexual 
adoptive and foster parents. If other States fol-
lowed the minority of States and discriminated 
against qualified individuals because of their 
sexual orientation or marital status, foster care 
expenditures 
would 
increase 
between 
$87,000,000 and $130,000,000 per year in 
order to pay for additional institutional and 
group care, as well as to recruit and train new 
foster and adoptive parents. 
(11) Some States allow 1 member of a same- 
sex couple to adopt, but do not recognize both mem-
bers of the couple as the child’s legal parents. Rec-
ognition of joint adoption provides children with the 
same rights and security that children of hetero-
sexual parents enjoy. These protections include ac-
cess to both parents’ health benefits; survivor’s, So-
cial Security, and child support entitlements; legal 
grounds for either parent to provide consent for 
medical care, education, and other important deci-
sions; as well as the establishment of permanency 
for both parents and child. 
(12) Professional organizations in the fields of 
medicine, psychology, law, and child welfare have 
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taken official positions in support of the ability of 
qualified gay, lesbian, bisexual, and unmarried cou-
ples to foster and adopt, as supported by scientific 
research showing sexual orientation as a nondeter-
minative factor in parental success. 
(13) Discrimination against potential foster or 
adoptive parents based on sexual orientation, gender 
identity, or marital status is not in the best interests 
of children in the foster care system. 
(b) PURPOSES.—The purposes of this Act are to de-
crease the length of time that children wait for perma-
nency with a loving family and to promote the best inter-
ests of children in the child welfare system by preventing 
discrimination in adoption and foster care placements 
based on sexual orientation, gender identity, or marital 
status. 
SEC. 3. EVERY CHILD DESERVES A FAMILY. 
(a) ACTIVITIES.— 
(1) PROHIBITION.—An entity that receives Fed-
eral assistance or contracts with an entity that re-
ceives Federal assistance, and is involved in adoption 
or foster care placements may not— 
(A) deny to any person the opportunity to 
become an adoptive or a foster parent on the 
basis of the sexual orientation, gender identity, 
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or marital status of the person, or the sexual 
orientation or gender identity of the child in-
volved; 
(B) delay or deny the placement of a child 
for adoption or into foster care on the basis of 
the sexual orientation, gender identity, or mar-
ital status of any prospective adoptive or foster 
parent, or the sexual orientation or gender iden-
tity of the child; or 
(C) 
require 
different 
or 
additional 
screenings, processes, or procedures for adop-
tive or foster placement decisions on the basis 
of the sexual orientation, gender identity, or 
marital status of the prospective adoptive or 
foster parent, or the sexual orientation or gen-
der identity of the child involved. 
(2) DEFINITION.—In this subsection, the term 
‘‘placement decision’’ means the decision to place, or 
to delay or deny the placement of, a child in a foster 
care or an adoptive home, and includes the decision 
of the agency or entity involved to seek the termi-
nation of birth parent rights or otherwise make a 
child legally available for adoptive placement. 
(b) EQUITABLE RELIEF.—Any individual who is ag-
grieved by an action in violation of subsection (a) may 
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bring an action seeking relief in a United States district 
court of appropriate jurisdiction. 
(c) FEDERAL GUIDANCE.—Not later than 6 months 
after the date of the enactment of this Act, the Secretary 
of Health and Human Services shall publish guidance to 
concerned entities with respect to compliance with this 
section. 
(d) TECHNICAL ASSISTANCE.—In order to ensure 
compliance with, and ensure understanding of the legal, 
practice, and culture changes required by, this Act in mak-
ing foster care and adoption placement decisions, the Sec-
retary shall provide technical assistance to all entities cov-
ered by this Act, including— 
(1) identifying laws and regulations inconsistent 
with this Act and providing guidance and training to 
ensure the laws and regulations are brought into 
compliance within the prescribed period of time; 
(2) identifying casework practices and proce-
dures inconsistent with this Act and providing guid-
ance and training to ensure the practices and proce-
dures are brought into compliance within the pre-
scribed period of time; 
(3) providing guidance in expansion of recruit-
ment efforts to ensure consideration of all interested 
and qualified prospective adoptive and foster parents 
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regardless of the sexual orientation, gender identity, 
or marital status of the prospective parent; 
(4) comprehensive cultural competency training 
for covered entities and prospective adoptive and fos-
ter parents; and 
(5) training judges and attorneys involved in 
foster care and adoption cases on the findings and 
purposes of this Act. 
(e) DEADLINE FOR COMPLIANCE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an entity that receives Federal assistance 
and is involved with adoption or foster care place-
ments shall comply with this section not later than 
6 months after publication of the guidance referred 
to in subsection (c), or 1 year after the date of the 
enactment of this Act, whichever occurs first. 
(2) AUTHORITY TO EXTEND DEADLINE.—If a 
State demonstrates to the satisfaction of the Sec-
retary of Health and Human Services that it is nec-
essary to amend State statutory law in order to 
change a particular practice that is inconsistent with 
this section, the Secretary may extend the compli-
ance date for the State a reasonable number of days 
after the close of the 1st State legislative session be-
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ginning after the date the guidance referred to in 
subsection (c) is published. 
(3) AUTHORITY TO WITHHOLD FUNDS.—If a 
State fails to comply with this section, the Secretary 
may withhold payment to the State of amounts oth-
erwise payable to the State under part B or E of 
title IV of the Social Security Act, to the extent the 
Secretary deems the withholding necessary to induce 
the State into compliance with this section. 
(f) GAO STUDY.— 
(1) IN
GENERAL.—Within 5 years after the 
date of the enactment of this Act, the Comptroller 
General of the United States shall conduct a study 
to determine whether the States have substantially 
complied with this Act, including specifically whether 
the States have— 
(A) eliminated policies, practices, or stat-
utes that deny to any otherwise qualified person 
the opportunity to become an adoptive or foster 
parent on the basis of the sexual orientation, 
gender identity, or marital status of the person, 
or the sexual orientation or gender identity of 
the child involved; 
(B) removed all program, policy, or statu-
tory barriers that delay or deny the placement 
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