The proposed bill amends the New Mexico Statutes Annotated (NMSA) 1978 regarding child custody determinations, specifically addressing how a court should handle cases involving a child's gender identity. It establishes that a court is prohibited from considering a parent's affirmation of their child's gender identity when it is incongruent with the child's sex. Additionally, the court cannot determine custody based on a parent's decisions related to not affirming a child's gender identity or providing gender-affirming health care. The bill outlines specific prohibited considerations that cannot be used to assess a parent's fitness, including claims of detriment to the child's health or safety, inadequate care, or lack of moral fitness.

Furthermore, the bill provides definitions for key terms such as "gender affirmation," "gender-affirming health care," and "gender identity," clarifying the context in which these terms will be applied in custody cases. The effective date for the provisions of this act is set for July 1, 2025. This legislation aims to ensure that custody decisions are made in the best interests of the child without bias related to gender identity issues.

Statutes affected:
introduced version: 40-4-9