Prevents a judge from prohibiting a parent from undergoing a gender reassignment when making a determination in a child custody case

BILL NUMBER:S2758

Title of bill

An act to amend the domestic relations law, in relation to the custody of children

Purpose of bill

To prevent a judge from considering a parent's option to undergo gender reassignment when making a determination in a child custody case.

Summary of specific provisions

Section 240 of the domestic relations law is amended by adding a new subdivision 6 which states that in a case involving the custody of a child, the judge shall not prohibit a parent from undergoing reassignment as a condition of receiving custody.

Justification

Gender or Sex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are changed to that of the other sex. It is part of a treatment for gender identity disorder in transsexual and transgender people. In most jurisdictions, people interested in undergoing gender reassignment are required to undergo a minimum duration of psychological evaluation. It is only after one receives psychological approval that they can go ahead with the surgery. Unfortunately, cases have been brought to our attention, where a judge has, in a divorce proceeding, categorically denied a person's right to pursue this medically approved procedure if they wished to get custody of a child. Rulings such as this are shortsighted and bigoted. Reports have shown that young children, relative to older people, are better able to cope with and digest events such as this. This legislation will seek to ensure that no parent's custody rights are held hostage to an uneducated understanding of this issue.

Legislative history

2007-2008: S.7554 Died in Senate Children & Families Committee

Fiscal implications for state and local governments

None.

Effective date

Immediately.