The proposed bill amends the New Mexico Statutes Annotated (NMSA) 1978 regarding child custody determinations by explicitly prohibiting courts from considering a parent's affirmation of their child's gender identity when making custody decisions. It establishes that courts cannot determine custody based on a parent's decisions related to their child's gender identity or gender affirmation, including the provision of gender-affirming health care. The bill outlines specific prohibited considerations that courts must avoid, such as labeling a parent's decision not to provide gender-affirming care as detrimental to the child's welfare or as a form of abuse.

Additionally, the bill introduces definitions for key terms such as "gender affirmation," "gender-affirming health care," and "gender identity," providing clarity on the language used in custody cases. The effective date for the provisions of this act is set for July 1, 2025. Overall, the bill aims to ensure that custody decisions are made without bias related to a child's gender identity or the parent's support of it.

Statutes affected:
introduced version: 40-4-9