N.Y. Fam. Ct. Act § 659
Consideration of law allowing gender-affirming care
Redline — January 1, 2025 → current.View current text →
Current — January 1, 2026
As of January 1, 2025
§ 659. Consideration of law allowing gender-affirming care. 1. A law\nthat authorizes a child to be removed from their parent or guardian\nbased on the parent or guardian allowing their child to receive\ngender-affirming care shall not be enforced or applied in a case pending\nin a court in this state.\n 2. No court in this state shall admit or consider a finding of abuse,\nneglect or maltreatment based on the parent or guardian allowing their\nchild to receive or seek gender-affirming care as evidence in any\nproceeding with respect to that parent or guardian and any of their\nchildren, unless such conduct would constitute abuse, neglect or\nmaltreatment under the laws of this state.\n 3. For purposes of this section, "gender-affirming care" shall have\nthe same meaning as defined in paragraph (c) of subdivision one of\nsection sixty-five hundred thirty-one-b of the education law.\n
§ 659. Consideration of law allowing gender-affirming care. 1. It is\nthe intent of the legislature that children or their parents should be\nable to obtain necessary medical care, including legally protected\nhealth activity, as defined by section 570.17 of the criminal procedure\nlaw.\n 2. A law that authorizes a child to be removed from their parent or\nguardian based on the parent or guardian allowing their child to engage\nin legally protected health activity, as defined by section 570.17 of\nthe criminal procedure law, or based on such parent or guardian themself\nengaging in legally protected health activity, is against the public\npolicy of this state and shall not be enforced or applied in a case\npending in a court in this state.\n 3. No court in this state shall admit or consider a finding of abuse,\nneglect or maltreatment based on the parent or guardian allowing their\nchild to engage in legally protected health activity, as defined by\nsection 570.17 of the criminal procedure law, or based on such parent or\nguardian themself engaging in legally protected health activity, as\nevidence in any proceeding with respect to that parent or guardian and\nany of their children, unless such conduct would constitute abuse,\nneglect or maltreatment under the laws of this state.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.