Trenton, NJ – Lawmakers introduced a measure to protect people who provide, receive, or allow a child to receive gender-affirming health care in New Jersey.
The bill is sponsored by Assemblywomen Garnet R. Hall and Jessica Ramirez and co-sponsored by Assemblyman Allen and Assemblywomen Verlina Reynolds-Jackson and Shanique Speight.
The proposal amends child custody jurisdiction rules, limits extradition and cooperation with out-of-state investigations, and restricts disclosure of medical records in specified cases.
The bill defines gender-affirming health care to include psychological or psychiatric care, surgery, hormone therapy, and other treatments intended to align physical aspects with a person’s gender identity.
It authorizes temporary emergency jurisdiction when a child in New Jersey is unable to receive gender-affirming health care in the child’s home state.
New Jersey courts are directed to deem New Jersey the appropriate forum when another state’s law or policy limits a parent’s ability to obtain gender-affirming health care for a child.
Courts may not count a parent’s taking or keeping of a child to obtain gender-affirming health care as unjustifiable conduct weighing against the petitioner.
Attorneys practicing in New Jersey would be prohibited from responding to out-of-state subpoenas related to alleged violations tied to gender-affirming health care that is lawful in New Jersey.
State, county, and local law enforcement agencies would be barred from making or participating in arrests on out-of-state warrants, or responding to inquiries, when the underlying matter involves gender-affirming health care permitted under New Jersey law.
New Jersey courts would not enforce out-of-state laws or rulings authorizing removal of a child from a parent or guardian for allowing the child to receive gender-affirming health care permitted in New Jersey.
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Key Points
- Bill adds custody, extradition, subpoena, and enforcement limits tied to lawful gender-affirming health care in New Jersey.
- Law enforcement and attorneys in New Jersey would be restricted from aiding out-of-state actions targeting such care.
- Health facilities and professionals would be limited in sharing minors’ records across state lines, with defined exceptions.
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Exceptions apply if the conduct would be unlawful under New Jersey law, or if disclosure is required to comply with a valid court order or applicable State or federal law.
The bill defines “person” to include individuals, governmental entities, partnerships, associations, limited liability companies, and corporations.
The act would take effect immediately.
