Bill Text: NY S00104 | 2015-2016 | General Assembly | Amended


Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-01-15 - PRINT NUMBER 104A [S00104 Detail]

Download: New_York-2015-S00104-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         104--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 7, 2015
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and  Families  --
          recommitted  to  the  Committee on Children and Families in accordance
          with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        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.
                                                                   LBD01380-02-6
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