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
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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)
- Luis R. Sepúlveda Democratic · primary
4 coauthors / cosponsors
- Robert Jackson Democratic · cosponsor
- John Liu Democratic · cosponsor
- Rachel May Democratic · cosponsor
- Julia Salazar Democratic · cosponsor
Action history (7)
- Apr 6, 2026 REFERRED TO CHILDREN AND FAMILIES · upper
- Apr 21, 2026 1ST REPORT CAL.728 · upper
- Apr 22, 2026 2ND REPORT CAL. · upper
- Apr 27, 2026 ADVANCED TO THIRD READING · upper
- May 19, 2026 PASSED SENATE · upper
- May 19, 2026 DELIVERED TO ASSEMBLY · upper
- May 19, 2026 REFERRED TO JUDICIARY · lower
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S09764 Summary: BILL NO S09764   SAME AS No Same As   SPONSOR SEPULVEDA   COSPNSR JACKSON, LIU, MAY, SALAZAR   MLTSPNSR   Amd §240, Dom Rel L   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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