S T A T E O F N E W Y O R K
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10697
I N A S S E M B L Y
March 20, 2026
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Judiciary
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.
§ 2. Paragraph (a) of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 567 of the laws of 2015, is amended
to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07348-01-5
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(a) In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
and support, including any prior orders, and shall enter orders for
custody and support as, in the court's discretion, justice requires,
having regard to the circumstances of the case and of the respective
parties and to the best interests of the child and subject to the
provisions of subdivision one-c of this section. IN MAKING A DETERMI-
NATION 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. Where either party to an action
concerning custody of or a right to visitation with a child alleges in a
sworn petition or complaint or sworn answer, cross-petition, counter-
claim or other sworn responsive pleading that the other party has
committed an act of domestic violence against the party making the alle-
gation or a family or household member of either party, as such family
or household member is defined in article eight of the family court act,
and such allegations are proven by a preponderance of the evidence, the
court must consider the effect of such domestic violence upon the best
interests of the child, together with such other facts and circumstances
as the court deems relevant in making a direction pursuant to this
section and state on the record how such findings, facts and circum-
stances factored into the direction. If a parent makes a good faith
allegation based on a reasonable belief supported by facts that the
child is the victim of child abuse, child neglect, or the effects of
domestic violence, and if that parent acts lawfully and in good faith in
response to that reasonable belief to protect the child or seek treat-
ment for the child, then that parent shall not be deprived of custody,
visitation or contact with the child, or restricted in custody, visita-
tion or contact, based solely on that belief or the reasonable actions
taken based on that belief. If an allegation that a child is abused is
supported by a preponderance of the evidence, then the court shall
consider such evidence of abuse in determining the visitation arrange-
ment that is in the best interest of the child, and the court shall not
place a child in the custody of a parent who presents a substantial risk
of harm to that child, and shall state on the record how such findings
were factored into the determination. Where a proceeding filed pursuant
to article ten or ten-A of the family court act is pending at the same
time as a proceeding brought in the supreme court involving the custody
of, or right to visitation with, any child of a marriage, the court
presiding over the proceeding under article ten or ten-A of the family
court act may jointly hear the dispositional hearing on the petition
under article ten or the permanency hearing under article ten-A of the
family court act and, upon referral from the supreme court, the hearing
to resolve the matter of custody or visitation in the proceeding pending
in the supreme court; provided however, the court must determine custody
or visitation in accordance with the terms of this section.
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An order directing the payment of child support shall contain the
social security numbers of the named parties. In all cases there shall
be no prima facie right to the custody of the child in either parent.
Such direction shall make provision for child support out of the proper-
ty of either or both parents. The court shall make its award for child
support pursuant to subdivision one-b of this section. Such direction
may provide for reasonable visitation rights to the maternal and/or
paternal grandparents of any child of the parties. Such direction as it
applies to rights of visitation with a child remanded or placed in the
care of a person, official, agency or institution pursuant to article
ten of the family court act, or pursuant to an instrument approved under
section three hundred fifty-eight-a of the social services law, shall be
enforceable pursuant to part eight of article ten of the family court
act and sections three hundred fifty-eight-a and three hundred eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy, of the child. Notwithstanding any other provision of law, any writ-
ten application or motion to the court for the establishment, modifica-
tion or enforcement of a child support obligation for persons not in
receipt of public assistance and care must contain either a request for
child support enforcement services which would authorize the collection
of the support obligation by the immediate issuance of an income
execution for support enforcement as provided for by this chapter,
completed in the manner specified in section one hundred eleven-g of the
social services law; or a statement that the applicant has applied for
or is in receipt of such services; or a statement that the applicant
knows of the availability of such services, has declined them at this
time and where support enforcement services pursuant to section one
hundred eleven-g of the social services law have been declined that the
applicant understands that an income deduction order may be issued
pursuant to subdivision (c) of section fifty-two hundred forty-two of
the civil practice law and rules without other child support enforcement
services and that payment of an administrative fee may be required. The
court shall provide a copy of any such request for child support
enforcement services to the support collection unit of the appropriate
social services district any time it directs payments to be made to such
support collection unit. Additionally, the copy of any such request
shall be accompanied by the name, address and social security number of
the parties; the date and place of the parties' marriage; the name and
date of birth of the child or children; and the name and address of the
employers and income payors of the party from whom child support is
sought or from the party ordered to pay child support to the other
party. Such direction may require the payment of a sum or sums of money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent and to such third persons; provided, however, that unless the
party seeking or receiving child support has applied for or is receiving
such services, the court shall not direct such payments to be made to
the support collection unit, as established in section one hundred
eleven-h of the social services law. Every order directing the payment
of support shall require that if either parent currently, or at any time
in the future, has health insurance benefits available that may be
extended or obtained to cover the child, such parent is required to
exercise the option of additional coverage in favor of such child and
execute and deliver to such person any forms, notices, documents or
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instruments necessary to assure timely payment of any health insurance
claims for such child.
§ 3. This act shall take effect immediately.