senate Bill S2758

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
Jan 23, 2013 referred to children and families

S2758 - Bill Details

Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง240, Dom Rel L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3492
2009-2010: A1006

S2758 - Bill Texts

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Provides that the judge shall not prohibit a parent from undergoing gender reassignment as a condition of custody.

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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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2758

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- 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. Section 240 of the domestic relations  law  is  amended  by
adding a new subdivision 6 to read as follows:
  6.  IN  ANY  CASE  INVOLVING  THE  CUSTODY OF THE CHILD, WHEN MAKING A
DETERMINATION AS TO THE BEST INTERESTS OF THE CHILD, THE JUDGE SHALL NOT
PROHIBIT A PARENT FROM UNDERGOING GENDER REASSIGNMENT AS A CONDITION  OF
RECEIVING CUSTODY.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04127-01-3

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