New York S 9764: Prevents a judge from prohibiting a parent from undergoing a gender reassignment when making a determination in a child custody case

Bill Text

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S09764 Summary:

BILL NOS09764 

&nbsp

SAME ASNo Same As

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SPONSORSEPULVEDA

&nbsp

COSPNSRJACKSON, LIU, MAY, SALAZAR

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MLTSPNSR

&nbsp

Amd §240, Dom Rel L

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

Go to top S09764 Actions:

BILL NOS09764 

&nbsp

04/06/2026REFERRED TO CHILDREN AND FAMILIES

04/21/20261ST REPORT CAL.728

04/22/20262ND REPORT CAL.

04/27/2026ADVANCED TO THIRD READING 

05/19/2026PASSED SENATE

05/19/2026DELIVERED TO ASSEMBLY

05/19/2026referred to judiciary

Go to topS09764 Committee&nbspVotes:

Go to topS09764 Floor&nbspVotes:

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

Go to topS09764 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9764

 IN SENATE

 April 6, 2026
 ___________

 Introduced by Sens. SEPULVEDA, JACKSON, LIU, MAY, SALAZAR -- 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:

 1 Section 1. Subdivision 1 of section 240 of the domestic relations law
 2 is amended by adding a new paragraph (k) to read as follows:
 3 (k) In determining the best interests of the child, the court shall
 4 not: (1) consider the sex, sexual orientation, gender identity or
 5 gender expression of the parties; or
 6 (2) prohibit a party from undergoing gender reassignment.
 7 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08039-01-5

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