(a) The Department of Family and Protective Services, a single source continuum contractor, or a licensed child-placing agency that places a child for adoption may not implement or enforce a policy that:
(1) sets a maximum age for any prospective adoptive parent; or
(2) sets a maximum age differential between a child and any prospective adoptive parent.
(b) Subject to Subsection (a), the Department of Family and Protective Services, a single source continuum contractor, or a licensed child-placing agency may consider the health and expected lifespan of each prospective adoptive parent when determining the best interest of a child.