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S 9764

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

2025 Regular Session Introduced by Robert Jackson and 4 co-sponsors

Courts cannot consider a party’s sex, gender identity, or gender expression, nor bar someone undergoing gender reassignment, when deciding child custody.

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Bill Summary · S 9764

Summary of Bill S 9764 (2025-2026) – New York

Title

An act to amend the domestic relations law, in relation to the custody of children

Purpose and intent

This bill seeks to ensure that in child custody determinations, a court cannot penalize or restrict a party for undergoing gender reassignment. It also directs courts to consider the best interests of the child without regard to the parties’ sex, sexual orientation, gender identity, or gender expression.

Key provisions and changes

  • The bill adds a new paragraph (k) to Subdivision 1 of section 240 of the Domestic Relations Law, establishing two prohibitions in the court’s best-interest determinations:
    1. The court shall not consider the sex, sexual orientation, gender identity, or gender expression of the parties when determining the best interests of the child.
    2. The court shall not prohibit a party from undergoing gender reassignment.
  • Effective date: The act takes effect immediately upon becoming law.

Who/what is affected

  • Parties involved in New York child custody proceedings under the Domestic Relations Law.
  • The court’s decision-making process in determining the best interests of the child in custody cases.
  • Individuals who are considering or undergoing gender reassignment, ensuring their choices regarding gender transition cannot be used against them in custody decisions.

Procedural and timeline aspects

  • Introduction and passage steps typical for New York legislation:
    • Referred to the Committee on Children and Families.
    • Scheduled for readings and votes as part of the legislative process (explanatory notes show committee and reporting actions dated April 2026).
  • Immediate effectiveness: The bill states it shall take effect immediately once enacted, meaning these provisions would apply to custody determinations from the date of enactment onward.

Potential impact and considerations

  • Clarifies that gender-related aspects of a party’s identity or transition status should not influence custody decisions.
  • Aims to reduce potential discrimination or bias against transgender and nonbinary individuals in family court.
  • May affect case strategy by focusing custody evaluations and expert testimony on factors related to the child’s well-being, stability, and safety, independent of gender identity considerations.
  • May interact with existing best-interest standards by removing a potential discriminatory variable from the court’s analysis.

Notes

  • The bill is sponsored by a group of New York State Senators (including Sepulveda, Jackson, Liu, May, Salazar) with additional co-sponsors listed.
  • The text provided indicates a straightforward amendment to the existing domestic relations framework, with explicit protections for individuals undergoing gender reassignment.

Compiled from official sources — confirm details with the bill’s official record.

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