What's happening
This bill prohibits courts from considering sex, sexual orientation, gender identity, or gender expression in child custody decisions, and prevents banning gender reassignment.
Why it matters
Ensures equal treatment in custody cases. By barring consideration of sex, sexual orientation, gender identity, or gender expression, the bill aims to prevent discrimination against LGBTQ+ parents or guardians, supporting more equitable outcomes for diverse families.
Protects individual autonomy. The prohibition against courts banning a party from undergoing gender reassignment safeguards the right to make personal medical decisions during custody disputes, reducing the risk of coercion or punishment for gender transition.
Clarifies legal standards for judges. The bill provides clear guidance for judges on what factors cannot be considered when determining the child’s best interests, which could lead to more consistent and fair rulings across cases.
Signals broader support for LGBTQ+ rights. The legislation reflects a commitment by the state to uphold and protect the rights of LGBTQ+ individuals in family law, potentially influencing related policies and societal attitudes.
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Who cares
Headline styles
Protect Parental Gender Rights
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 55–5
- Ordered to third reading cal.872
- Print number 432a
- Amend and recommit to rules
- Reported and committed to rules
- Referred to children and families
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Parental Gender Rights
In Assembly Committee · Rules · Sponsor Aravella Simotas
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
432--A
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. HOYLMAN, BIAGGI, CARLUCCI, LIU, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the domestic relations law, in relation to the custody of children
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 240 of the domestic relations law is amended by adding a new paragraph (k) to read as follows:
(k) In determining the best interests of the child, the court shall not: (1) consider the sex, sexual orientation, gender identity or gender expression of the parties; or
(2) prohibit a party from undergoing gender reassignment.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01536-04-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 (1) considering a party's sex, sexual orien- tation, gender identity or gender expression when determining the best interest of the child and (2) prohibiting a party from undergoing gender reassignment
Summary of specific provisions
Section 240 of the domestic relations law is amended by adding a new Paragraph k to subdivision 1 which states that the court shall not consider a party's sex, sexual orientation, gender identity or gender expression when determining the best interest of the child nor shall a judge prohibit a party from undergoing gender reassignment
Justification
A party's sex, sexual orientation, gender identity or gender expression is not relevant when determining the best interest of the child.
Furthermore, sex reassignment or gender-affirming 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 dysphoria in trans- gender people. In most jurisdictions, people interested in undergoing sex reassignment are required to undergo a minimum duration of psycho- logical 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 seeks to ensure that no parent's custody rights are held hostage to an uneducated understanding of this issue.
Prior legislative history
2017-2018: A11298
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.