STATE OF NEW YORK
________________________________________________________________________
6993
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the domestic relations law, in relation to consideration
of gender-affirming health care or gender-affirming mental health care
in child custody cases
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 76 of the domestic relations law is amended by
2 adding a new subdivision 4 to read as follows:
3 4. The presence of a child in this state for the purpose of obtaining
4 gender-affirming health care or gender-affirming mental health care, is
5 sufficient to meet the requirements of this section and to enable the
6 court to obtain initial child custody jurisdiction.
7 § 2. Subdivision 1 of section 76-c of the domestic relations law, as
8 added by chapter 386 of the laws of 2001, is amended to read as follows:
9 1. A court of this state has temporary emergency jurisdiction if the
10 child is present in this state and the child has been abandoned or it is
11 necessary in an emergency to protect the child because the child, or a
12 sibling or parent of the child, is subjected to, or threatened with,
13 mistreatment or abuse, or because the child has been prevented from
14 obtaining gender-affirming health care or gender-affirming mental health
15 care.
16 § 3. Section 76-f of the domestic relations law is amended by adding a
17 new subdivision 5 to read as follows:
18 5. In a case where the provision of gender-affirming health care or
19 gender-affirming mental health care to the child is at issue, a court of
20 this state shall not determine that it is an inconvenient forum where
21 the law or policy of the other state that may take jurisdiction limits
22 the ability of a parent to obtain gender-affirming health care or
23 gender-affirming mental health care for their child.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11061-01-3
A. 6993 2
1 § 4. Subdivision 4 of section 76-g of the domestic relations law, as
2 added by chapter 386 of the laws of 2001, is amended to read as follows:
3 4. In making a determination under this section, a court shall not
4 consider as a factor weighing against the petitioner any taking of the
5 child, or retention of the child after a visit or other temporary relin-
6 quishment of physical custody, from the person who has legal custody, if
7 there is evidence that the taking or retention of the child was to
8 protect the petitioner from domestic violence or [the child or sibling
9 from mistreatment or abuse] for the purposes of obtaining gender-affirm-
10 ing health care or gender-affirming mental health care for the child and
11 the law or policy of the other state limits the ability of a parent to
12 obtain gender-affirming health care or gender-affirming mental health
13 care for their child.
14 § 5. Section 77-b of the domestic relations law is amended by adding
15 two new subdivisions 3 and 4 to read as follows:
16 3. Notwithstanding the provisions of subdivision one of this section,
17 a law of another state that authorizes a child to be removed from their
18 parent or guardian based on the parent or guardian allowing their child
19 to receive gender-affirming health care or gender-affirming mental
20 health care is against the public policy of this state and shall not be
21 enforced or applied in a case pending in a court in this state.
22 4. A court of this state has jurisdiction to vacate, stay or modify a
23 child custody determination of a court of another state which failed to
24 recognize a child's right to receive gender-affirming health care or
25 gender-affirming mental health care.
26 § 6. Subdivision 1 of section 77-j of the domestic relations law, as
27 added by chapter 386 of the laws of 2001, is amended to read as follows:
28 1. Upon the filing of a petition seeking enforcement of a child custo-
29 dy determination, the petitioner may file a verified application for the
30 issuance of a warrant to take physical custody of the child if the child
31 is at imminent risk of suffering serious physical harm or of removal
32 from this state. As used in this section, "serious physical harm" does
33 not include the provision of gender-affirming health care and/or
34 gender-affirming mental health care.
35 § 7. Section 77-l of the domestic relations law, as added by chapter
36 386 of the laws of 2001, is amended to read as follows:
37 § 77-l. Recognition and enforcement. 1. A court of this state shall
38 accord full faith and credit to an order issued by another state and
39 consistent with this article which enforces a child custody determi-
40 nation by a court of another state unless the order has been vacated,
41 stayed, or modified by a court having jurisdiction to do so under title
42 two of this article, unless recognition and enforcement would violate
43 subdivision one-c of section two hundred forty of this chapter or
44 section one thousand eighty-five of the family court act.
45 2. Notwithstanding the provisions of subdivision one of this section,
46 a law of another state that authorizes a child to be removed from their
47 parent or guardian based on the parent or guardian allowing their child
48 to receive gender-affirming health care or gender-affirming mental
49 health care is against the public policy of this state and shall not be
50 enforced or applied in a case pending in a court in this state.
51 3. A court of this state has jurisdiction to vacate, stay or modify a
52 child custody determination of a court of another state which failed to
53 recognize a child's right to receive gender-affirming health care or
54 gender-affirming mental health care.
55 § 8. This act shall take effect immediately.