Senate Bill S5402

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S5402 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3492
2013-2014: S2758
2015-2016: S506
2017-2018: S97
2019-2020: S432
2021-2022: S996

2023-S5402 (ACTIVE) - Summary

Provides that the judge shall not prohibit a parent from undergoing gender reassignment.

2023-S5402 (ACTIVE) - Sponsor Memo

2023-S5402 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5402
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by Sens. HOYLMAN-SIGAL, JACKSON, LIU, MAY, SEPULVEDA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Children and Families
 
 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  ASSEM-
 BLY, 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.
                                                            LBD09872-01-3



              

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