Senate Bill S9763

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9763
 
                             I N  S E N A T E
 
                               April 6, 2026
                                ___________
 
 Introduced by Sen. 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 consideration
   of gender-affirming health care or gender-affirming mental health care
   in child custody cases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 76 of the domestic  relations  law  is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  THE PRESENCE OF A CHILD IN THIS STATE FOR THE PURPOSE OF OBTAINING
 GENDER-AFFIRMING HEALTH CARE OR GENDER-AFFIRMING MENTAL HEALTH CARE,  IS
 SUFFICIENT  TO  MEET  THE REQUIREMENTS OF THIS SECTION AND TO ENABLE THE
 COURT TO OBTAIN INITIAL CHILD CUSTODY JURISDICTION.
   § 2. Subdivision 1 of section 76-c of the domestic relations  law,  as
 added by chapter 386 of the laws of 2001, is amended to read as follows:
   1.  A  court of this state has temporary emergency jurisdiction if the
 child is present in this state and the child has been abandoned or it is
 necessary in an emergency to protect the child BECAUSE THE CHILD,  OR  a
 sibling  or  parent  of  the child, IS SUBJECTED TO, OR THREATENED WITH,
 MISTREATMENT OR ABUSE, OR BECAUSE THE  CHILD  HAS  BEEN  PREVENTED  FROM
 OBTAINING GENDER-AFFIRMING HEALTH CARE OR GENDER-AFFIRMING MENTAL HEALTH
 CARE.
   § 3. Section 76-f of the domestic relations law is amended by adding a
 new subdivision 5 to read as follows:
   5.  IN  A  CASE WHERE THE PROVISION OF GENDER-AFFIRMING HEALTH CARE OR
 GENDER-AFFIRMING MENTAL HEALTH CARE TO THE CHILD IS AT ISSUE, A COURT OF
 THIS STATE SHALL NOT DETERMINE THAT IT IS AN  INCONVENIENT  FORUM  WHERE
 THE  LAW  OR POLICY OF THE OTHER STATE THAT MAY TAKE JURISDICTION LIMITS
 THE ABILITY OF A  PARENT  TO  OBTAIN  GENDER-AFFIRMING  HEALTH  CARE  OR
 GENDER-AFFIRMING MENTAL HEALTH CARE FOR THEIR CHILD.
   §  4.  Subdivision 4 of section 76-g of the domestic relations law, as
 added by chapter 386 of the laws of 2001, is amended to read as follows:
   4. In making a determination under this section,  a  court  shall  not
 consider  as  a factor weighing against the petitioner any taking of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06095-01-5
 S. 9763                             2
 
 child, or retention of the child after a visit or other temporary relin-
 quishment of physical custody, from the person who has legal custody, if
 there is evidence that the taking or  retention  of  the  child  was  to
 protect  the  petitioner from domestic violence or [the child or sibling
 from mistreatment or abuse] FOR THE PURPOSES OF OBTAINING GENDER-AFFIRM-
 ING HEALTH CARE OR GENDER-AFFIRMING MENTAL HEALTH CARE FOR THE CHILD AND
 THE LAW OR POLICY OF THE OTHER STATE LIMITS THE ABILITY OF A  PARENT  TO
 OBTAIN  GENDER-AFFIRMING  HEALTH  CARE OR GENDER-AFFIRMING MENTAL HEALTH
 CARE FOR THEIR CHILD.
   § 5. Section 77-b of the domestic relations law is amended  by  adding
 two new subdivisions 3 and 4 to read as follows:
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 A LAW OF ANOTHER STATE THAT AUTHORIZES A CHILD TO BE REMOVED FROM  THEIR
 PARENT  OR GUARDIAN BASED ON THE PARENT OR GUARDIAN ALLOWING THEIR CHILD
 TO RECEIVE  GENDER-AFFIRMING  HEALTH  CARE  OR  GENDER-AFFIRMING  MENTAL
 HEALTH  CARE IS AGAINST THE PUBLIC POLICY OF THIS STATE AND SHALL NOT BE
 ENFORCED OR APPLIED IN A CASE PENDING IN A COURT IN THIS STATE.
   4. A COURT OF THIS STATE HAS JURISDICTION TO VACATE, STAY OR MODIFY  A
 CHILD  CUSTODY DETERMINATION OF A COURT OF ANOTHER STATE WHICH FAILED TO
 RECOGNIZE A CHILD'S RIGHT TO RECEIVE  GENDER-AFFIRMING  HEALTH  CARE  OR
 GENDER-AFFIRMING MENTAL HEALTH CARE.
   §  6.  Subdivision 1 of section 77-j of the domestic relations law, as
 added by chapter 386 of the laws of 2001, is amended to read as follows:
   1. Upon the filing of a petition seeking enforcement of a child custo-
 dy determination, the petitioner may file a verified application for the
 issuance of a warrant to take physical custody of the child if the child
 is at imminent risk of suffering serious physical  harm  or  of  removal
 from  this state. AS USED IN THIS SECTION,  "SERIOUS PHYSICAL HARM" DOES
 NOT  INCLUDE  THE  PROVISION  OF  GENDER-AFFIRMING  HEALTH  CARE  AND/OR
 GENDER-AFFIRMING MENTAL HEALTH CARE.
   §  7.  Section 77-l of the domestic relations law, as added by chapter
 386 of the laws of 2001, is amended to read as follows:
   § 77-l. Recognition and enforcement. 1. A court of  this  state  shall
 accord  full  faith  and  credit to an order issued by another state and
 consistent with this article which enforces  a  child  custody  determi-
 nation  by  a  court of another state unless the order has been vacated,
 stayed, or modified by a court having jurisdiction to do so under  title
 two  of  this  article, unless recognition and enforcement would violate
 subdivision one-c of section  two  hundred  forty  of  this  chapter  or
 section one thousand eighty-five of the family court act.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 A LAW OF ANOTHER STATE THAT AUTHORIZES A CHILD TO BE REMOVED FROM  THEIR
 PARENT  OR GUARDIAN BASED ON THE PARENT OR GUARDIAN ALLOWING THEIR CHILD
 TO RECEIVE  GENDER-AFFIRMING  HEALTH  CARE  OR  GENDER-AFFIRMING  MENTAL
 HEALTH  CARE IS AGAINST THE PUBLIC POLICY OF THIS STATE AND SHALL NOT BE
 ENFORCED OR APPLIED IN A CASE PENDING IN A COURT IN THIS STATE.
   3. A COURT OF THIS STATE HAS JURISDICTION TO VACATE, STAY OR MODIFY  A
 CHILD  CUSTODY DETERMINATION OF A COURT OF ANOTHER STATE WHICH FAILED TO
 RECOGNIZE A CHILD'S RIGHT TO RECEIVE  GENDER-AFFIRMING  HEALTH  CARE  OR
 GENDER-AFFIRMING MENTAL HEALTH CARE.
   § 8. This act shall take effect immediately.