ALBANY, N.Y. – A new proposal in the New York State Assembly seeks to prohibit family courts from granting, denying, or deciding custody, guardianship, or visitation petitions based solely on whether a parent or guardian provides or facilitates gender-affirming care for their child.
Assembly Bill 41, sponsored by Assemblyman Chris Burdick (D-Westchester), would add Section 75-n to the state’s Domestic Relations Law, ensuring that courts cannot make custody determinations purely on allegations related to a child’s access to gender-affirming support. The measure was prefiled for the 2025–2026 legislative session and referred to the Assembly Judiciary Committee.
The bill defines “gender-affirming care” as a range of social, psychological, behavioral, and medical interventions designed to support and affirm a person’s gender identity when it differs from the gender assigned at birth. This may include counseling, therapy, social support, or assistance with legal documentation such as birth certificates and driver’s licenses.
According to the bill’s justification, the legislation is intended to protect parents and guardians from being penalized for supporting their child’s gender identity and to ensure that custody decisions are made solely in the child’s best interests. “Gender identity is a fundamental aspect of a child’s well-being, and denying or limiting parental rights solely based on gender-affirming care can have detrimental consequences,” Burdick wrote in the Assembly memorandum.
Supporters of the measure argue that gender-affirming care is recognized as a legitimate and medically accepted form of treatment and that the law would prevent discriminatory rulings in family court. The legislation mirrors similar protections enacted in other states to prevent bias against parents of transgender and gender-diverse children.
The bill carries no fiscal impact and would take effect immediately upon enactment.
New York lawmakers introduce bill to prevent courts from using gender-affirming care as a factor in deciding custody or visitation disputes.