BILL NUMBER: S7451
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the domestic relations law, in relation to the custody
of children
 
PURPOSE OF BILL:
To prevent a judge from considering a parent's option to undergo gender
reassignment when making a determination in a child custody case.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 240 of the domestic relations law is amended by adding a new
subdivision 6 which states that in a case involving the custody of a
child, the judge shall not prohibit a parent from undergoing reassign-
ment as a condition of receiving custody.
 
JUSTIFICATION:
Gender or Sex reassignment surgery is a term for the surgical procedures
by which a person's physical appearance and function of their existing
sexual characteristics are changed to that of the other sex. It is part
of a treatment for gender identity disorder in transsexual and transgen-
der people. In most jurisdictions, people interested in undergoing
gender reassignment are required to undergo a minimum duration of
psychological evaluation. It is only after one receives psychological
approval that they can go ahead with the surgery. Unfortunately, cases
have been brought to our attention where a judge has, in a divorce
proceeding, categorically denied a person's right to pursue this
medically approved procedure if they wished to get custody of a child.
Rulings such as this are shortsighted and bigoted. Reports have shown
that young children, relative to older people, are better able to cope
with and digest events such as this. This legislation will seek to
ensure that no parent's custody rights are held hostage to an unedu-
cated' understanding of this issue.
 
LEGISLATIVE HISTORY:
S.5402 of 2023-2024 (Hoylman-Sigal): Passed Senate, Died in Children &
Families
s.996 OF 2021-2022 (Hoylman): Passed Senate
S.432-A of 2019-2020 (Hoylman): Passed Senate
S.97of 2017-2018 (Hoylman): Died in Children & Families
S.506 of 2015-2016 (Hoylman): Died in Children & Families
S.2758 of 2013-2014 (Hoylman): Died in Children & Families
S.3492 of 2011-2012 (Duane): Died in Children & Families
 
FISCAL IMPLICATIONS FOR STATE GOVERNMENT:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S7451: 240 domestic relations law, 240(1) domestic relations law