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New York state Legislature passes bill removing gender-specific terms from custody laws

A bill surrounding state child custody and parental laws passed the State Assembly and Senate this week and now heads to the governor’s desk.

The legislation would replace gender-specific terms like “mother,” “father,” and “paternity” used in places like family court with terms like “parentage,” “gestating parent,” and “non-gestating parent.”

The bill aims to make custody law more inclusive for LGBTQ+ parents and families who use assisted reproduction or surrogacy.

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Democratic lawmakers argue it will help ensure parental rights apply equally to any legal parent, regardless of gender or whether they gave birth.

The bill is getting plenty of reaction from Republicans, who tell the New York Post it’s not what families are asking for.

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We reached out to the governor’s office for comment. A spokesperson sent the following response:

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“The Governor believes mothers are mothers and fathers are fathers, and no legislation changes that. The legislation, which we will review, appears to address technical legal issues related to surrogacy and parentage. Anyone making bad-faith arguments is deliberately misleading New Yorkers for political gain.”

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