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New York · 2025-2026 General Assembly
A00041Prohibits a court from granting, denying or deciding a petition for guardianship, custody or visitation solely on the allegation or basis that a parent or guardian is providing or facilitating the provision of gender affirming care to the subject child.
Prohibits courts from denying custody, guardianship or visitation based on a parent providing gender-affirming care, so more parents can provide such care without losing parental rights.
The court may not grant, deny or decide a petition for guardianship, custody or visitation solely on the allegation or basis that a parent or guardian is providing or facilitating the provision of gender affirming care to the subject child.
Defines gender affirming care to include social and behavioral interventions, which can encompass school or educational settings, protecting parents who affirm a child's gender identity from custody consequences.
"gender affirming care" means care for the subject child which encompasses a range of social, psychological, behavioral, and medical interventions designed to support and affirm an individual's gender identity when it conflicts with the gender they were assigned at birth.
Why the model tagged it this way: The bill adds a new section to the domestic relations law that bars courts from using a parent's provision of gender-affirming care (broadly defined to include social, psychological, behavioral, and medical interventions) as the sole basis for decisions on custody, guardianship, or visitation. This protects access to and legal recognition of gender-affirming approaches for transgender or gender-nonconforming children in family law proceedings.
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