A bill approved by New York lawmakers could replace terms such as “mother” and “father” in parts of the state’s legal code with gender-neutral alternatives.
The legislation, which passed the New York Senate on June 2 by a vote of 38-23, now heads to Governor Kathy Hochul’s desk for consideration.
If signed into law, the changes would affect family court, domestic relations, education, social services and other sections of state law.
What would change?
Under the proposed legislation, references to “mother” could be replaced with “gestating parent,” while “father” would be changed to either “non-gestating parent” or simply “parent” in certain legal contexts.
The term “paternity” would become “parentage,” and “putative father” would be replaced with “alleged parent.”
According to lawmakers behind the bill, the goal is to update legal language to reflect modern family structures, including same-sex couples, adoptive parents, surrogacy arrangements and assisted reproduction.
State Senator Luis Sepúlveda, who sponsored the legislation, said the bill is intended to bring state law in line with existing court practices.
“It was needed to be consistent with current statute and case law,” he told the New York Post.
Supporters say current language is outdated
Supporters argue that terms traditionally used in family law no longer reflect all families living in New York today.
Adoption attorney Leslie Silver-Hoffman pointed to the growing number of same-sex adoptions and nontraditional family structures.
“You have adoptive parents who are of the same gender in New York. There are two male parents, two female parents,” she told the New York Post.
A legislative memo accompanying the bill states that family courts already deal with situations involving same-sex parents and surrogacy agreements, making the changes a natural update to existing law.
Critics call the bill unnecessary
The proposal has also sparked strong criticism.
Opponents argue that lawmakers should be focused on issues such as public safety and the rising cost of living rather than changing legal terminology.
Republican State Senator Patricia Canzoneri-Fitzpatrick, who voted against the measure, criticized the legislation.
“At a time when New Yorkers are being crushed by utility bills, rising costs, and public safety concerns, Albany Democrats have decided one of their final priorities should be replacing mothers and fathers in state law,” she said.
“That is not what families are asking for. I am a mother and proud to be called ‘mother.'”
Republican gubernatorial candidate Bruce Blakeman described the proposal as “a declaration of war on New York families.”
Not all criticism came from Republicans.
According to the New York Post, one Democratic lawmaker anonymously described the bill as simply “unnecessary.”
Governor Hochul yet to decide
Governor Kathy Hochul has not indicated whether she plans to sign the legislation.
Asked about the bill during a recent event in Brooklyn, Hochul said she had not yet reviewed it and would examine the proposal before making a decision.
If approved, the changes would take effect on November 1.
The proposal follows previous efforts in New York to make government language more gender-neutral. In recent years, the state has adopted gender-neutral pronouns in certain legal contexts, while New York City allows residents to select a non-binary “X” designation on birth certificates.
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