NY State Senate Bill 2023-S5402

Senate Bill S5402

2023-2024 Legislative Session

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

download bill text pdf

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to children and families returned to senate died in assembly
Jun 01, 2023	referred to judiciary delivered to assembly passed senate
May 18, 2023	advanced to third reading
May 17, 2023	2nd report cal.
May 16, 2023	1st report cal.1036
Mar 03, 2023	referred to children and families

Votes

- Jun 1, 2023 - Floor Vote
  S5402
  
  48
  
  Aye
  
  10
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2023
      
      aye (48)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Oberacker
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      Weber
      
      nay (10)
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Helming
      
      O'Mara
      
      Ortt
      
      Rhoads
      
      Stec
      
      Tedisco
      
      Walczyk
      
      excused (5)
      
      Ashby
      
      Cooney
      
      Felder
      
      Martins
      
      Weik
  May 16, 2023 - Children And Families Committee Vote
  S5402
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 16, 2023
      
      aye (6)
      
      Bailey
      
      Brisport
      
      Brouk
      
      Hoylman-Sigal
      
      Persaud
      
      Rolison
      
      nay (1)
      
      Ashby

co-Sponsors

View additional co-sponsors

2023-S5402 (ACTIVE) - Details

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
2017-2018: S97
2019-2020: S432
2021-2022: S996

2023-S5402 (ACTIVE) - Summary

Provides that the judge shall not prohibit a parent from undergoing gender reassignment.

2023-S5402 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5402

SPONSOR: HOYLMAN-SIGAL
 
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 reassign-
ment 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 transgen-
der 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.996 OF 2021-2022 (Hoylman): Passed Senate

S.432-A of 2019-2020 (Hoylman): Passed Senate

S.97of 2017-2018 (Hoylman): Died in Children & Families

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.

2023-S5402 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5402
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by Sens. HOYLMAN-SIGAL, JACKSON, LIU, MAY, SEPULVEDA -- 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. Subdivision 1 of section 240 of the domestic relations law
 is amended by adding a new paragraph (k) to read as follows:
   (K) IN DETERMINING THE BEST INTERESTS OF THE CHILD,  THE  COURT  SHALL
 NOT:    (1)  CONSIDER  THE  SEX,  SEXUAL ORIENTATION, GENDER IDENTITY OR
 GENDER EXPRESSION OF THE PARTIES; OR
   (2) PROHIBIT A PARTY FROM UNDERGOING GENDER REASSIGNMENT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09872-01-3

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.

Senate Bill S5402

Share this bill

Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Robert Jackson

John C. Liu

Rachel May

Julia Salazar

2023-S5402 (ACTIVE) - Details

2023-S5402 (ACTIVE) - Summary

2023-S5402 (ACTIVE) - Sponsor Memo

2023-S5402 (ACTIVE) - Bill Text download pdf

Comments