New York S 3843: Prohibits the consideration of evidence that either parent has ever obtained or attempted to obtain reproductive health services relating to the termination of a pregnancy in certain legal proceedings

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S03843 Summary:

BILL NOS03843 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§70 & 240, Dom Rel L

&nbsp

Prohibits the consideration of evidence that either parent has ever obtained or attempted to obtain reproductive health services relating to the termination of a pregnancy in certain legal proceedings.

Go to top S03843 Actions:

BILL NOS03843 

&nbsp

01/30/2025REFERRED TO CHILDREN AND FAMILIES

Go to topS03843 Committee&nbspVotes:

Go to topS03843 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03843 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3843

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- 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 prohibiting
 the consideration of evidence that either parent has ever obtained or
 attempted to obtain reproductive health services relating to the
 termination of a pregnancy in certain legal proceedings

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (a) of section 70 of the domestic relations
 2 law, as amended by chapter 457 of the laws of 1988, is amended to read
 3 as follows:
 4 (a) Where a minor child is residing within this state, either parent
 5 may apply to the supreme court for a writ of habeas corpus to have such
 6 minor child brought before such court; and on the return thereof, the
 7 court, on due consideration, may award the natural guardianship, charge
 8 and custody of such child to either parent for such time, under such
 9 regulations and restrictions, and with such provisions and directions,
 10 as the case may require, and may at any time thereafter vacate or modify
 11 such order. In all cases there shall be no prima facie right to the
 12 custody of the child in either parent, but the court shall determine
 13 solely what is for the best interest of the child, and what will best
 14 promote its welfare and happiness, and make award accordingly. In
 15 making a determination of the best interest of the child pursuant to
 16 this section, the court shall not consider evidence that either parent
 17 has ever obtained or attempted to obtain reproductive health services.
 18 For the purposes of this section, reproductive health services means
 19 health care services provided in a hospital, clinic, physician's office
 20 or other facility and includes medical, surgical, counseling or referral
 21 services relating to the human reproductive system, including services
 22 relating to pregnancy or the termination of a pregnancy.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07348-01-5

 S. 3843 2

 1 § 2. Paragraph (a) of subdivision 1 of section 240 of the domestic
 2 relations law, as amended by chapter 567 of the laws of 2015, is amended
 3 to read as follows:
 4 (a) In any action or proceeding brought (1) to annul a marriage or to
 5 declare the nullity of a void marriage, or (2) for a separation, or (3)
 6 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
 7 tion and order to show cause, the custody of or right to visitation with
 8 any child of a marriage, the court shall require verification of the
 9 status of any child of the marriage with respect to such child's custody
 10 and support, including any prior orders, and shall enter orders for
 11 custody and support as, in the court's discretion, justice requires,
 12 having regard to the circumstances of the case and of the respective
 13 parties and to the best interests of the child and subject to the
 14 provisions of subdivision one-c of this section. In making a determi-
 15 nation of the best interest of the child pursuant to this section, the
 16 court shall not consider evidence that either parent has ever obtained
 17 or attempted to obtain reproductive health services. For the purposes of
 18 this section, reproductive health services means health care services
 19 provided in a h