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

Summary

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

Summary from NY Open Legislation. How we handle summaries

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Purpose, from the sponsor's memo

Section 240 of the domestic relations law is amended by adding a new subdivision k 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 transgender people. In most jurisdictions, people interested in undergoing gender reassign- ment are required to undergo a minimum duration of psychological evalu- ation. 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.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

Children and Families · New York State Assembly

Also referred to Children And Families · New York State Senate, Judiciary · New York State Assembly, Judiciary · New York State Senate.

Recorded votes

• Vote: Floor vote

  NY SenateMay 19, 2026Result: passed

  Voted yes (43)Voted no (16)Voted present (0)Absent (4)

  See member positions for the vote on May 19, 2026 (Floor vote)

• Vote: Committee vote · Children And Families

  Senate Children And FamiliesApr 21, 2026Result: passed

  Voted yes (7)Voted no (0)Voted present (0)Absent (0)

  See member positions for the vote on Apr 21, 2026 (Committee vote · Children And Families)

Full history

1. May 19, 2026

   Sent to the executive

   DELIVERED TO ASSEMBLY

   NY Senate

2. May 19, 2026

   Passed a chamber

   PASSED SENATE

   NY Senate

3. May 19, 2026

   Referred to committee

   REFERRED TO JUDICIARY

   NY Assembly

4. Apr 27, 2026

   Advanced to Third Reading

   ADVANCED TO THIRD READING

   NY Senate

5. Apr 22, 2026

   2ND Report CAL.

   2ND REPORT CAL.

   NY Senate