Assembly Bill A6993

2023-2024 Legislative Session

Relates to consideration of gender-affirming health care or gender-affirming mental health care in child custody cases

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2023-A6993 (ACTIVE) - Details

See Senate Version of this Bill:
S8704
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§76, 76-c, 76-f, 76-g, 77-b, 77-j & 77-l, Dom Rel L

2023-A6993 (ACTIVE) - Summary

Relates 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.

2023-A6993 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6993
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the domestic relations law, in relation to consideration
   of gender-affirming health care or gender-affirming mental health care
   in child custody cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  76  of  the domestic relations law is amended by
 adding a new subdivision 4 to read as follows:
   4. 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.
   §  2.  Subdivision 1 of section 76-c of the domestic relations law, as
 added by chapter 386 of the laws of 2001, is amended to read as follows:
   1. A court of this state has temporary emergency jurisdiction  if  the
 child is present in this state and the child has been abandoned or it is
 necessary  in  an emergency to protect the child BECAUSE THE CHILD, OR a
 sibling or parent of the child, IS SUBJECTED  TO,  OR  THREATENED  WITH,
 MISTREATMENT  OR  ABUSE,  OR  BECAUSE  THE CHILD HAS BEEN PREVENTED FROM
 OBTAINING GENDER-AFFIRMING HEALTH CARE OR GENDER-AFFIRMING MENTAL HEALTH
 CARE.
   § 3. Section 76-f of the domestic relations law is amended by adding a
 new subdivision 5 to read as follows:
   5. IN A CASE WHERE THE PROVISION OF GENDER-AFFIRMING  HEALTH  CARE  OR
 GENDER-AFFIRMING MENTAL HEALTH CARE TO THE CHILD IS AT ISSUE, A COURT OF
 THIS  STATE  SHALL  NOT DETERMINE THAT IT IS AN INCONVENIENT FORUM WHERE
 THE LAW OR POLICY OF THE OTHER STATE THAT MAY TAKE  JURISDICTION  LIMITS
 THE  ABILITY  OF  A  PARENT  TO  OBTAIN  GENDER-AFFIRMING HEALTH CARE OR
 GENDER-AFFIRMING MENTAL HEALTH CARE FOR THEIR CHILD.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11061-01-3
 A. 6993                             2
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.