senate Bill S7597

2013-2014 Legislative Session

Prohibits the consideration of evidence that either parent has ever obtained or attempted to obtain reproductive health services relating to the termination of a pregnancy in certain legal proceedings

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Sponsored By

Archive: Last Bill Status -


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to children and families

S7597 - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd ยงยง70 & 240, Dom Rel L

S7597 - Summary

Prohibits the consideration of evidence that either parent has ever obtained or attempted to obtain reproductive health services relating to the termination of a pregnancy in certain legal proceedings.

S7597 - Sponsor Memo

S7597 - Bill Text download pdf

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

                                  7597

                            I N  S E N A T E

                              May 15, 2014
                               ___________

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  prohibiting
  the  consideration of evidence that either parent has ever obtained or
  attempted to obtain  reproductive  health  services  relating  to  the
  termination of a pregnancy in certain legal proceedings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 70  of  the  domestic  relations
law,  as  amended by chapter 457 of the laws of 1988, is amended to read
as follows:
  (a) Where a minor child is residing within this state,  either  parent
may  apply to the supreme court for a writ of habeas corpus to have such
minor child brought before such court; and on the  return  thereof,  the
court,  on due consideration, may award the natural guardianship, charge
and custody of such child to either parent for  such  time,  under  such
regulations  and  restrictions, and with such provisions and directions,
as the case may require, and may at any time thereafter vacate or modify
such order. In all cases there shall be no  prima  facie  right  to  the
custody  of  the  child  in either parent, but the court shall determine
solely what is for the best interest of the child, and  what  will  best
promote  its  welfare  and  happiness,  and make award accordingly.   IN
MAKING A DETERMINATION OF THE BEST INTEREST OF  THE  CHILD  PURSUANT  TO
THIS  SECTION,  THE COURT SHALL NOT CONSIDER EVIDENCE THAT EITHER PARENT
HAS EVER OBTAINED OR ATTEMPTED TO OBTAIN REPRODUCTIVE  HEALTH  SERVICES.
FOR  THE  PURPOSES  OF  THIS SECTION, REPRODUCTIVE HEALTH SERVICES MEANS
HEALTH CARE SERVICES PROVIDED IN A HOSPITAL, CLINIC, PHYSICIAN'S  OFFICE
OR OTHER FACILITY AND INCLUDES MEDICAL, SURGICAL, COUNSELING OR REFERRAL
SERVICES  RELATING  TO THE HUMAN REPRODUCTIVE SYSTEM, INCLUDING SERVICES
RELATING TO PREGNANCY OR THE TERMINATION OF A PREGNANCY.
  S 2. Paragraph (a) of subdivision 1 of section  240  of  the  domestic
relations law, as amended by chapter 476 of the laws of 2009, is amended
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14793-02-4

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