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Assembly Bill A861A

2019-2020 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 Assembly Committee

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Bill Amendments

co-Sponsors

2019-A861 - Details

See Senate Version of this Bill:
S432
Current Committee:
Assembly Rules
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: A11298, S97
2021-2022: S996
2023-2024: S5402
2025-2026: S7451

2019-A861 - Summary

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

2019-A861 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    861
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
   tee on Judiciary
 
 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.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01536-01-9

co-Sponsors

2019-A861A (ACTIVE) - Details

See Senate Version of this Bill:
S432
Current Committee:
Assembly Rules
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: A11298, S97
2021-2022: S996
2023-2024: S5402
2025-2026: S7451

2019-A861A (ACTIVE) - Summary

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

2019-A861A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  861--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by  M.  of  A. SIMOTAS, REYES, QUART, LAVINE, BRONSON, GOTT-
   FRIED, GLICK, SEAWRIGHT, DINOWITZ -- read once  and  referred  to  the
   Committee on Judiciary -- recommitted to the Committee on Judiciary in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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.
                                                            LBD01536-05-0

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