Albany, NY — New York lawmakers have approved legislation that would replace terms such as “mother,” “father,” and “paternity” throughout portions of state family law with gender-neutral language, sending the measure to Gov. Kathy Hochul for consideration.
The bill, identified as S.9316, updates sections of the New York Family Court Act by substituting terms including “gestating parent,” “alleged parent,” “non-gestating parent,” and “parentage” in place of traditional gender-specific language.
Supporters say the changes modernize state law to reflect diverse family structures and ensure statutes apply consistently regardless of a parent’s sex or gender identity. Critics argue the legislation removes long-standing legal references to mothers and fathers from family court proceedings involving children and parentage.
What the Bill Changes
The legislation makes numerous revisions to family court statutes governing parentage proceedings.
Among the changes shown in the bill:
- “Mother” becomes “gestating parent”
- “Father” becomes “alleged parent” or “non-gestating parent” depending on context
- “Paternity” becomes “parentage”
- References to establishing the paternity of a child are changed to establishing parentage
The revisions appear throughout sections covering parentage actions, venue requirements, legal proceedings after a parent’s death, and other family court matters.
Supporters Say Language Reflects Modern Families
Backers of the measure have argued that New York’s family laws should use language that applies to all families, including same-sex couples, transgender parents, and others whose circumstances may not fit traditional statutory definitions.
The bill’s language focuses on the biological role of pregnancy by using the term “gestating parent” rather than gender-specific references.
Supporters contend the changes do not alter substantive parental rights but instead update terminology used in legal proceedings.
Key Points
• New York lawmakers approved a bill replacing several family-law terms with gender-neutral language.
• “Mother” would become “gestating parent” in portions of the Family Court Act.
• The legislation now awaits a decision from Gov. Kathy Hochul.
Critics Object to Removal of Traditional Terms
Opponents have focused on the replacement of words such as “mother” and “father,” arguing that the changes unnecessarily alter established legal language.
The proposal has drawn criticism from some conservative groups and commentators who view the revisions as part of a broader effort to remove sex-based terminology from government documents and statutes.
Supporters counter that the bill does not eliminate the concepts of motherhood or fatherhood but instead ensures legal language covers a wider range of family situations.
Awaiting Hochul’s Decision
The legislation has cleared the New York Legislature and now heads to Gov. Kathy Hochul’s desk.
Hochul can sign the bill into law, veto it, or negotiate potential changes before making a final decision.
If signed, the measure would update multiple sections of New York’s Family Court Act to use gender-neutral parentage terminology in place of several existing references to mothers, fathers, and paternity proceedings.
The governor’s office has not yet publicly announced whether Hochul intends to sign the legislation.
New York politics, family law, parentage legislation, Kathy Hochul