ALBANY, NY – New York State lawmakers have passed legislation that would replace several gender-specific parental terms in state law with gender-neutral alternatives, a move supporters contend reflects modern family structures and critics argue unnecessarily alters longstanding legal language. The measure, Senate Bill S9316 and its Assembly companion A8382, passed the New York State Senate this week after previously clearing the Assembly. The legislation now proceeds to the desk of Governor Kathy Hochul, who has not yet publicly indicated her stance on the bill.
"Well, I’m not familiar with what was introduced. I’ll take a look at it. This has been my practice for five years.”" — New York Gov. Kathy Hochul, D.
The proposed legislation aims to update terminology used throughout various portions of New York’s legal framework, including the Family Court Act, Domestic Relations Law, Social Services Law, and Education Law. Among the most significant changes, references to "mother" would be replaced in certain legal contexts with the term "gestating parent." Similarly, "father" would be substituted with phrases such as "non-gestating parent" or simply "parent." The bill also seeks to replace legal references to "paternity" with "parentage" and to change "putative father" to "alleged parent" in relevant proceedings.
Sponsors of the measure, Senator Luis Sepúlveda, a Democrat representing the Bronx, and Assemblymember Amy Paulin, a Democrat from Westchester County, argue that the changes are designed to make New York law more inclusive. They assert that the updated language better aligns with the diverse family structures that have become increasingly common in recent years. These include same-sex couples, adoptive families, surrogacy arrangements, and cases involving assisted reproductive technology. According to the sponsor’s memorandum, the bill’s objective is to modernize statutory language by replacing terms rooted specifically in motherhood or fatherhood with broader terminology that encompasses all legally recognized parental relationships.
The proposal builds upon previous legislative efforts, specifically New York’s Child-Parent Security Act, which was enacted in 2021. That act legalized gestational surrogacy and expanded the legal recognition of various parental arrangements within the state. Supporters of the current bill emphasize that family courts are increasingly encountering cases involving individuals who may not fit traditional definitions of mother and father. They contend that updating legal terminology helps ensure consistent and equitable treatment under the law, regardless of the specific composition of a family. Advocates also point to court decisions that have recognized parental rights for same-sex couples and other nontraditional family arrangements, arguing that terms such as "parentage" more accurately describe these legal relationships than older terminology focused exclusively on biological fathers.
Conversely, critics of the legislation have voiced strong objections to the proposed language changes. Opponents argue that replacing commonly understood terms such as "mother" and "father" with phrases like "gestating parent" and "non-gestating parent" removes language that has long served as a fundamental cornerstone of family law and societal understanding. They contend that these traditional terms reflect biological realities and established social roles that are essential to the fabric of society. The debate in New York reflects broader national disagreements over the increasing use of gender-neutral language in government documents, educational institutions, healthcare systems, and legal proceedings across the United States.
When asked about the legislation, New York Governor Kathy Hochul indicated that she had not yet reviewed the bill. As reported by Trending Politics, the governor stated, "Well, I’m not familiar with what was introduced. I’ll take a look at it. This has been my practice for five years.” If signed into law, New York would become one of the most prominent states to formally adopt such comprehensive gender-neutral parental terminology throughout significant portions of its legal code. The measure has the potential to affect a wide range of proceedings, including those involving custody, adoption, child support, surrogacy agreements, and parental rights, thereby reshaping how parental relationships are legally described in New York for years to come.
