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S 9764 NY
Passed One Chamber

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

NY · session 2025-2026 · Senate · bill

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Introduced Apr 6, 2026

Latest action (May 19, 2026) REFERRED TO JUDICIARY

Summary

New York Senate Bill 9764 amends the Domestic Relations Law regarding child custody determinations by providing that courts shall not consider the sex, sexual orientation, gender identity, or gender expression of the parties when determining the best interests of the child. The bill also provides that a court shall not prohibit a party from undergoing gender reassignment when making custody determinations. The bill takes effect immediately.

AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.

Official abstract

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

Sponsor (1)

4 coauthors / cosponsors

Action history (7)

  1. Apr 6, 2026 REFERRED TO CHILDREN AND FAMILIES · upper
  2. Apr 21, 2026 1ST REPORT CAL.728 · upper
  3. Apr 22, 2026 2ND REPORT CAL. · upper
  4. Apr 27, 2026 ADVANCED TO THIRD READING · upper
  5. May 19, 2026 PASSED SENATE · upper
  6. May 19, 2026 DELIVERED TO ASSEMBLY · upper
  7. May 19, 2026 REFERRED TO JUDICIARY · lower

Text versions (2)

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

  • S9764 · HTML
  • S9764 · PDF

Full text

Full text imported from assembly.state.ny.us

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New York State Assembly Speaker Carl E. Heastie

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S09764 Summary: BILL NO S09764 &nbsp SAME AS No Same As &nbsp SPONSOR SEPULVEDA &nbsp COSPNSR JACKSON, LIU, MAY, SALAZAR &nbsp MLTSPNSR &nbsp Amd §240, Dom Rel L &nbsp Provides that the judge shall not prohibit a parent from undergoing gender reassignment.

Go to top S09764 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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