Arizona Governor Vetoes Bill That Would Require Adoption Information in Contraception Discussions

Arizona Gov. Katie Hobbs vetoed HB2040 on April 7, a measure that would have mandated adoption information be shared with students seeking contraception and sexually transmitted infection testing.

The bill, introduced by Rep. Rachel Keshel (R-Tucson), sought to require colleges and universities to provide information about adoption alongside discussions about contraceptives and STIs. Hobbs rejected the proposal, stating she opposes placing burdens on public education institutions requiring adoption information in inappropriate settings.

We should focus on solutions that will actually lead to placing more children into safe and loving homes instead of placing onerous burdens on public education institutions that require adoption information to be provided in inappropriate settings

The proposal came from Rep. Rachel Keshel, a Tucson Republican who called it a reaction to Proposition 139. That measure, approved by voters in 2024, provides a constitutional right for women to terminate a pregnancy before fetal viability, generally considered between 22 and 24 weeks.

It seems to me to be more pro-abortion and not pro-choice, Keshel said, defending her bill. And we dont talk enough about the other choices that people might have.

Keshel shared an anecdote about a young woman who had an abortion at age 16 because she thought there was no other option. She said three of her five children are adopted.

These young women dont even realize the potential for them to actually look into the option of adoption, Keshel said.

The measure drew immediate criticism from Rep. Nancy Gutierrez (D-Tucson).

What this bill does is it talks about adoption as an alternative to contraception, she said. And that, she said, is a flawed approach.

Gutierrez described the practical problems with the approach. Consider, she said, a student going into a university health center looking for contraception — only to have to hear irrelevant information about adoption practices in the United States, adoption-related resources and support in Arizona, and a safe haven law that allows women to anonymously surrender a newborn at certain locations without facing criminal penalties.

Jodi Liggett, representing Reproductive Freedom for All in Arizona, also testified against the measure when it was heard in the House Education Committee.

That strikes us as irresponsible, Liggett said.

Liggett noted that contraceptives serve purposes beyond preventing pregnancy.

Awareness of adoption law means nothing to a student who is trying to use medically accurate information about a sexually transmitted infection, she said. And its even less relevant in STI tests.

Hobbs mentioned none of that debate in her veto message. She also said she is fully supportive of efforts to bolster adoption rates, saying that is why she has increased financial support for foster care families and children.

The legislation also drew a skeptical response from Isela Blanc, who lobbies for the Arizona Education Association. Blanc expressed concern about how the bill would affect K-12 schools.

Blanc said that many years ago there were active programs in Arizona schools designed to provide sex education as well as awareness of preventing pregnancy and sexually transmitted diseases. She said that lawmakers changed the laws to allow such programs only when a parent has given permission for a student to participate.

The opt-in program has proven so difficult to administer that many schools have simply decided not to offer sex education at all, Blanc said.

HB2040 would have required information about adoption practices, adoption-related resources and support in Arizona, and safe haven laws to be provided when discussing contraception and STI testing with students. The bill was vetoed without becoming law.