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New York · 2025-2026 General Assembly
S02421Relates to consideration of gender-affirming health care or gender-affirming mental health care in child custody cases for purposes of jurisdiction, forum and enforcement of custody orders.
Makes it easier for parents to obtain gender-affirming care for their children by granting NY courts jurisdiction when a child is present for such care, treating denial of care as grounds for emergency jurisdiction, deeming other states' restrictive laws against public policy, and excluding suchcare
The presence of a child in this state for the purpose of obtaining gender-affirming health care or gender-affirming mental health care, is sufficient to meet the requirements of this section and to enable the court to obtain initial child custody jurisdiction.
✓ Quote verified word for word in the bill text
TransgendereducationAI label
=No change to transgender recognition & accessmodel confidence 70%
The bill addresses gender-affirming mental health care in the context of custody jurisdiction and enforcement but does not change school policies, pronouns, curriculum or other education-specific rules for transgender students.
or because the child has been prevented from obtaining gender-affirming health care or gender-affirming mental health care.
Why the model tagged it this way: The bill amends the Uniform Child Custody Jurisdiction and Enforcement Act provisions in NY domestic relations law to treat gender-affirming health and mental health care as a protected interest: it grants jurisdiction for presence to obtain such care, adds denial of care as emergency grounds, bars inconvenient-forum findings if another state restricts care, protects parents who take children for such care from adverse custody factors, declares other states' removal laws based on allowing such care against public policy (non-enforceable in NY), allows NY courts to vacate/modify such orders,
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