The bill amends the New Mexico Statutes Annotated (NMSA) 1978 to establish specific prohibitions regarding child custody determinations related to a parent's affirmation of their child's gender identity. It explicitly states that courts cannot consider a parent's affirmation of their child's gender identity when it is incongruent with the child's sex, nor can they factor in a parent's decision not to provide gender-affirming health care or mental health care. Additionally, the bill outlines that such parental decisions cannot be deemed detrimental to the child's health or welfare, nor can they be classified as abuse or inadequate care.

The bill also introduces definitions for key terms such as "gender affirmation," "gender-affirming health care," and "gender identity," providing clarity on what constitutes these concepts within the context of custody proceedings. The effective date for the provisions of this act is set for July 1, 2025. Overall, the legislation aims to ensure that custody decisions are made without bias related to a child's gender identity or the parent's beliefs and actions regarding gender affirmation.

Statutes affected:
introduced version: 40-4-9