Oregon Removed Foster Parent Affirmation Requirement

The state reached a legal settlement allowing a previously rejected applicant to proceed with the adoption process.

Updated on Sept. 28, 2026 in LGBTQand

Bold vector editorial illustration of two wooden nesting dolls, symbolizing family and domestic stability in a clear, modern graphic style. — The Oregon Department of Human Services has removed a requirement for foster parents to affirm a child's LGBTQ+ identity following a legal settlement. AI Illustration. Upload story photo >

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Should foster care agencies require prospective parents to affirm a child's LGBTQ+ identity?

The Oregon Department of Human Services has officially removed a requirement that foster parents affirm a child's LGBTQ+ identity. This policy shift follows a settlement in a lawsuit filed by Jessica Bates, who challenged the state's rules in 2023.

Why it matters

The change stems from a legal dispute over state licensing requirements for foster and adoptive parents. The settlement allows Bates to continue her application process, though it does not guarantee her a license or the placement of a child.

Jessica Bates, a mother of 5, originally filed her lawsuit in 2023. The settlement allows her to pursue adoption, although she has not yet received a license or been matched with a child.

The players

Oregon Department of Human Services

This state agency manages child welfare services, including the licensing of foster and adoptive parents.

Jessica Bates

A foster parent applicant and mother of five who challenged state policies regarding LGBTQ+ affirmation requirements.

U.S. Court of Appeals for the Ninth Circuit

This federal court hears appeals from district courts within its jurisdiction, which includes the state of Oregon.

The details

The Oregon Department of Human Services settled the suit after a U.S. Court of Appeals for the Ninth Circuit ruling in July 2025 prevented the state from applying the requirement to Bates. While the state has amended its administrative rules, it maintains focus on family placement standards.

Jessica Bates sued the state of Oregon in 2023.
The Ninth Circuit Court issued a ruling in the Bates case in July 2025.
The settlement was finalized by September 2026.

Culture Shift

The policy change follows public health research from the 2024 JAMA Pediatrics study that links supportive family environments to lower risks of suicide and running away among transgender youth. This development highlights the ongoing tension between state administrative mandates and private parental beliefs.

Prospective foster parents in the state may notice changes to the application and vetting process now that the affirmation rule has been removed. Applicants should consult current state guidelines to understand how these updated requirements affect their own eligibility for licensing.

The takeaway

The removal of this requirement signals a shift in how the state evaluates the intersection of foster care standards and parental rights. Residents interested in the foster system should monitor future state administrative updates to ensure they are prepared for the current application criteria.