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Senate Bill S9764

2025-2026 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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Current Bill Status - In Senate Committee Children And Families Committee

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2025-S9764 (ACTIVE) - Details

Current Committee:
Senate Children And Families
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: S97
2019-2020: S432
2021-2022: S996
2023-2024: S5402

2025-S9764 (ACTIVE) - Summary

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

2025-S9764 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9764
 
                             I N  S E N A T E
 
                               April 6, 2026
                                ___________
 
 Introduced  by Sens. SEPULVEDA, JACKSON, LIU, MAY, SALAZAR -- 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. 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.
                                                            LBD08039-01-5

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