Bill S2758-2013

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

Provides that the judge shall not prohibit a parent from undergoing gender reassignment as a condition of custody.

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  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Jan 23, 2013: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S2758

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 reassignment 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 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: 2007-2008: S.7554 Died in Senate Children & Families Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2758 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sen. HOYLMAN -- 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. Section 240 of the domestic relations law is amended by adding a new subdivision 6 to read as follows: 6. IN ANY CASE INVOLVING THE CUSTODY OF THE CHILD, WHEN MAKING A DETERMINATION AS TO THE BEST INTERESTS OF THE CHILD, THE JUDGE SHALL NOT PROHIBIT A PARENT FROM UNDERGOING GENDER REASSIGNMENT AS A CONDITION OF RECEIVING CUSTODY. S 2. This act shall take effect immediately.

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