The bill amends the New Mexico Statutes Annotated (NMSA) 1978 regarding child custody by introducing specific prohibitions related to a parent's affirmation of their child's gender identity. It establishes that courts cannot consider a parent's affirmation of a child's gender identity, or their decisions regarding gender-affirming health care, when determining custody. The bill outlines that such considerations cannot be deemed detrimental to the child's health or welfare, nor can they be classified as inadequate care or abuse. Additionally, the bill provides definitions for terms such as "gender affirmation," "gender-affirming health care," and "gender identity," which clarify the scope of the prohibitions.

The effective date for the provisions of this act is set for July 1, 2025. The amendments aim to ensure that custody decisions are made solely based on the best interests of the child, without bias towards a parent's views or actions regarding gender identity. This legislative change reflects a commitment to protecting the rights of children and parents in custody disputes, particularly in the context of gender identity issues.

Statutes affected:
introduced version: 40-4-9