NY State Senate Bill 2017-S97

Senate Bill S97

2017-2018 Legislative Session

Prevents a judge from prohibiting a parent from undergoing a gender reassignment when making a determination in a child custody case

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to children and families
Jan 04, 2017	referred to children and families

co-Sponsors

2017-S97 (ACTIVE) - Details

See Assembly Version of this Bill:: A11298
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §240, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3492
2013-2014: S2758
2015-2016: S506
2019-2020: S432, A861
2021-2022: S996
2023-2024: S5402

2017-S97 (ACTIVE) - Summary

Provides that the judge shall not prohibit a parent from undergoing gender reassignment as a condition of custody.

2017-S97 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S97

 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
reassignment 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 transgender 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 uneducated understanding of this issue.

 LEGISLATIVE HISTORY :

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.

2017-S97 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    97
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the domestic relations law, in relation to  the  custody
   of children

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 240 of the domestic relations  law  is  amended  by
 adding a new subdivision 6 to read as follows:
   6.  IN  ANY  CASE  INVOLVING  THE  CUSTODY OF THE CHILD, WHEN MAKING A
 DETERMINATION AS TO THE BEST INTERESTS OF THE CHILD, THE JUDGE SHALL NOT
 PROHIBIT A PARENT FROM UNDERGOING GENDER REASSIGNMENT AS A CONDITION  OF
 RECEIVING CUSTODY.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05308-01-7

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Senate Bill S97

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Sponsored By

Brad Hoylman-Sigal