BILL NUMBER: S8860
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the domestic relations law, in relation to prohibiting
the consideration of evidence that either parent has ever obtained or
attempted to obtain reproductive health services relating to the termi-
nation of a pregnancy in certain legal proceedings
 
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits courts from considering evidence that a parent has ever
obtained or attempted to obtain certain reproductive health services,
including medical, surgical, counseling or referral services relating to
the human reproductive system in child custody hearings.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision (a) of section 70 of the domestic relations
law.
Section 2 amends paragraph (a) of subdivision 1 of section 240 of the
domestic relations law, as amended by chapter 567 of the laws of 2015.
Section 3 provides that the act shall take effect immediately.
 
JUSTIFICATION:
Under New York State Domestic Relations Law, determinations in child
custody hearings are made by examining the best interests of the child.
While courts are able to take into account a broad range of evidence in
making that determination, the fact that one of the parents has ever
obtained or attempted to obtain reproductive health services should not
be a factor that the court weighs.
 
PRIOR LEGISLATIVE HISTORY:
S.2843 of 2025(Hoylman-Sigal): Died in Children and Families
S.2427 of 2023-2024(Hoylman-Sigal): Died in Children and Families
S.4005 of 2021-2022(Hoylman): Died in Children and Families
S.0036 of 2019-2020(Hoylman): Died in Children and Families
S.0096 of 2017-2018(Hoylman): Died in Children & Families
S.0104-A of 2015-2016 (Hoylman): Died in Children & Families
S.7597 of 2014 (Hoylman): Died in Children & Families
S.104-A of 2015-2016 (Hoylman): Died in Children & Families
S.7597 of 2014 (Hoylman): Died in Children & Families
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8860: 70 domestic relations law, 240 domestic relations law, 240(1) domestic relations law