A 41: Prohibits a court from granting, denying or deciding a petition for guardianship, custody or visitation solely on the allegation or basis that a parent or guardian is providing or facilitating the provision of gender affirming care to the subject child.
The bill aims to protect children from being denied custody or visitation rights solely based on their parent's or guardian's provision of gender-affirming care. Gender-affirming care is defined as a range of social, psychological, behavioral, and medical interventions supporting an individual's gender identity, which may conflict with their assigned birth gender. This bill prohibits courts from making custody or visitation decisions based on the provision of gender-affirming care, ensuring that decisions are made on the best interests of the child.
| Jan. 07, 2026 | referred to judiciary |
| Jan. 08, 2025 | referred to judiciary |
STATE OF NEW YORK ________________________________________________________________________ 41 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. BURDICK -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the domestic relations law, in relation to the consider- ation of gender affirming care in custody matters The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The domestic relations law is amended by adding a new 2 section 75-n to read as follows: 3 § 75-n. Consideration of providing gender affirming care. 1. The court 4 may not grant, deny or decide a petition for guardianship, custody or 5 visitation solely on the allegation or basis that a parent or guardian 6 is providing or facilitating the provision of gender affirming care to 7 the subject child. 8 2. As used in this section, "gender affirming care" means care for the 9 subject child which encompasses a range of social, psychological, behav- 10 ioral, and medical interventions designed to support and affirm an indi- 11 vidual's gender identity when it conflicts with the gender they were 12 assigned at birth. 13 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00110-01-5