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New York · Through 2026-09-11

N.Y. Family Court Act § 659: Consideration of law allowing gender-affirming care

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Where this section sits in the code
  1. Family Court Act
  2. Article 6. Permanent Termination of Parental Rights, Adoption, Guardianship and Custody
  3. Part 3. Custody

§ 659. Consideration of law allowing gender-affirming care. 1. It is

the intent of the legislature that children or their parents should be

able to obtain necessary medical care, including legally protected

health activity, as defined by section 570.17 of the criminal procedure

law.

2. A law that authorizes a child to be removed from their parent or

guardian based on the parent or guardian allowing their child to engage

in legally protected health activity, as defined by section 570.17 of

the criminal procedure law, or based on such parent or guardian themself

engaging in legally protected health activity, is against the public

policy of this state and shall not be enforced or applied in a case

pending in a court in this state.

3. No court in this state shall admit or consider a finding of abuse,

neglect or maltreatment based on the parent or guardian allowing their

child to engage in legally protected health activity, as defined by

section 570.17 of the criminal procedure law, or based on such parent or

guardian themself engaging in legally protected health activity, as

evidence in any proceeding with respect to that parent or guardian and

any of their children, unless such conduct would constitute abuse,

neglect or maltreatment under the laws of this state.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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