New York Legislature Passes Bill Replacing Gendered Terms in Family Court Law
A new bill passed by the New York State Legislature will replace terms like 'mother,' 'father,' and 'paternity' with gender-neutral alternatives such as 'gestating parent' and 'parentage.' Proponents say the move increases inclusivity, while critics worry about the impact on the legal identity of biological fathers.
The New York State Legislature has passed a landmark bill that will remove the traditional terms mother and father from large swaths of the state’s family and domestic relations laws. Introduced by Senator Luis Sepúlveda, Senate Bill 9316 aims to modernize legal language to be more inclusive of LGBTQ+ families and those using assisted reproduction. If signed by Governor Kathy Hochul, traditional gendered terms will be replaced with gestating parent and non-gestating parent, while the legal term paternity will be rebranded as parentage. While the bill is framed as an inclusivity measure, it has sparked significant debate among fatherhood advocacy groups. For many fathers in New York, the concern is that stripping gendered language could inadvertently weaken the legal identity of biological fathers. Proponents, however, argue that the change reflects the reality of modern family structures and ensures that all parents—regardless of how they became a parent—are afforded the same legal protections and responsibilities under the law. From a practical perspective in family court, this legislation standardizes the process of establishing parentage. It moves away from the biological-only definition of paternity, which proponents say can simplify custody and support cases for non-traditional families. However, critics worry that the move toward non-gestating parent could be used to diminish the unique role of fathers in the eyes of the court. The bill also redesignates the term putative father as an alleged parent in official state records. This legislative shift matters to fathers because it changes the foundational language of their legal rights. In a system where fathers have long fought to be seen as equals to mothers, some fear that gender-neutrality might mask the specific biases fathers face in court. Conversely, some legal scholars suggest that removing gender from the law could actually help dismantle the maternal preference by forcing judges to evaluate parents based on their specific role and behavior rather than their title.
Source: https://www.snopes.com/fact-check/ny-bill-mother-father-gestating-parent/