Health and Human Services Secretary Robert F. Kennedy Jr. told lawmakers a proposed federal rule change could open the door for more Christian families to foster children.

Kennedy, who spoke during an April 16 congressional hearing, pointed to a 2024 HHS rule setting conditions for foster care placements tied to sexual orientation and gender identity. The policy required foster parents to affirm a child’s stated identity as part of eligibility standards, even if it conflicts with their religious beliefs.

Critics argued the rule created a barrier for faith-based families. Several Republican officials and religious groups said it sidelined Christians who could not agree with those requirements.

Kennedy agreed with this concern.

He said the policy “dramatically constricted the pool of available parents” for children who need homes.

The agency now wants to reverse course. HHS proposed rescinding the 2024 rule in March 2026. Officials say the change would remove those requirements and expand the number of eligible foster families.

Kennedy framed the shift as part of a broader effort to increase placements.

“President Trump and First Lady Trump’s vision for foster care is one family for every one child,” Kennedy said. “Currently, there are two children for every available foster family because the Biden administration was excluding an entire class of foster families due to their religious beliefs. This is unacceptable, and we are changing that.”

Supporters of the rollback say the policy favored ideology over placement. They argue excluding religious households reduced options for children waiting for homes at a time of ongoing shortages.

A federal court also raised concerns about the rule. In 2025, U.S. District Judge Jeremy Kernodle blocked enforcement, writing the policy “likely exceeded the scope of HHS’ authority.”

“The court will not permit HHS’s unlawful attempt to rewrite or expand the statutory text approved by Congress to suit its own sense of how the statute should operate,” Kernodle wrote.

Advocacy groups say the proposed rollback is a step toward restoring equal treatment.

“Blocking couples from fostering or adopting children based on their religion or their opposition to a harmful gender ideology is unconstitutional,” Mat Staver of Liberty Counsel said. “There is no place in the federal government for a rule that discriminates against religious parents.”

Kennedy said it fits broader trends in the foster system. He said the number of children in foster care has declined in recent years, though shortages of families remain in many areas.

The proposed rule change is now under review. If finalized, it would remove the contested requirements and allow states to approve more families, including those with religious objections.