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New York · 2025-2026 General Assembly
S09763Relates 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, treating denial of such care as grounds for emergency jurisdiction, deeming other states' restrictive laws against public policy, and protecting parents who travel for such care from不利
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.
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/mental health care as a basis for jurisdiction, emergency jurisdiction, forum convenience, non-enforcement of out-of-state orders, and protection from adverse custody inferences when parents travel for such care; this expands transgender healthcare access and custody rights for the less-custodial or paying parent seeking such care, while the deletion removes prior abuse-related language but substitutes the new care purpose.
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