The New York Legislature passed bill A8382A/S9316 on the final day of the 2026 session, replacing "mother" and "father" with "gestating parent" and "non-gestating parent" and swapping "paternity" for "parentage" across the state's family law statutes. If Governor Hochul signs it, the terminology overhaul takes effect November 1, 2026, and applies to every custody, parentage, and support proceeding statewide.
Key Facts
| Detail | Summary |
|---|---|
| What happened | NY Legislature passed A8382A/S9316, replacing gender-specific terms across family law statutes |
| When | Passed 2026 session; effective November 1, 2026 if signed by Gov. Hochul |
| Where | New York State (all family and matrimonial courts) |
| Who's affected | Divorcing parents, LGBTQ families, surrogacy and assisted-reproduction parents, family law practitioners |
| Key terms changed | "Mother/father" to "gestating/non-gestating parent"; "paternity" to "parentage" |
| Impact | Statutory language reform; substantive custody and support standards unchanged |
Why this matters legally
This bill changes the vocabulary of New York family law without changing its substantive standards. Custody, support, and parentage will still be decided under the same legal tests, but the statutes will now use gender-neutral terms that recognize LGBTQ families, assisted reproduction, and surrogacy arrangements. According to CBS6 Albany (WRGB), A8382A/S9316 sweeps through the family law statutes to swap terms like "mother," "father," and "paternity" for "gestating parent," "non-gestating parent," and "parentage."
The practical significance is precision. New York already recognizes same-sex parents and children born through surrogacy and assisted reproduction, but the older statutory language assumed a mother and a father. That created friction in cases where neither term fit cleanly. By standardizing on "parentage" and describing parents by their biological role in reproduction rather than gender, the Legislature aligns the statutory text with the families who already appear in New York's courts every day. The effective date of November 1, 2026 gives courts, clerks, and practitioners a defined transition window.
How New York law handles this
New York established the modern framework for surrogacy and assisted-reproduction parentage in 2021, and this bill builds on that foundation. The Child-Parent Security Act, codified at N.Y. Fam. Ct. Act § 581-101 and following sections, legalized compensated gestational surrogacy and created the "order of parentage" process. That statute already used the concept of parentage rather than paternity, and A8382A/S9316 extends the same gender-neutral approach across the remaining family law statutes that had not yet been updated.
Custody determinations in New York continue to turn on the best interests of the child under N.Y. Dom. Rel. Law § 240, and that standard is untouched by the terminology change. Courts weigh the same factors — stability, each parent's caretaking history, the child's needs, and any history of domestic violence — regardless of how the parents are labeled. Child support likewise remains governed by the Child Support Standards Act under N.Y. Dom. Rel. Law § 240 and N.Y. Fam. Ct. Act § 413, which applies percentage guidelines (17% of combined parental income for one child, 25% for two) that do not depend on parental gender.
Establishing legal parentage — historically called a "paternity" proceeding — will now be styled as a parentage action. The underlying process for acknowledging or adjudicating a parent-child relationship stays intact; only the label changes. For separated or divorcing couples, this means the forms, petitions, and orders they encounter will read differently, but the legal substance of who is a parent, who pays support, and who exercises custody remains the same.
Practical takeaways
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Watch for the Governor's signature. A8382A/S9316 is not yet law. It takes effect November 1, 2026 only if Governor Hochul signs it, so track the bill's status before assuming the new terminology applies to your case.
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Understand that your custody and support outcomes do not change. If your divorce or custody matter is pending, this bill does not alter the best-interests standard under N.Y. Dom. Rel. Law § 240 or the Child Support Standards Act percentages. It changes vocabulary, not results.
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Expect updated forms and orders. Court petitions, parentage acknowledgments, and judgments will use "parentage" and "gestating/non-gestating parent." If you are filing after the effective date, use the current forms and confirm you are referencing the correct statutory language.
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LGBTQ, surrogacy, and assisted-reproduction families should confirm parentage documentation. If you built your family through surrogacy or donor conception, review your order of parentage under the Child-Parent Security Act to ensure your legal parent status is properly recorded before any dispute arises.
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Ask your attorney how the transition affects pending filings. A matter filed before November 1, 2026 and decided after may involve both old and new terminology. Clarify with counsel which language governs your documents to avoid confusion in later enforcement or modification proceedings.
If you are navigating a divorce, custody dispute, or parentage question in New York, a family law attorney licensed in the state can explain how this terminology reform interacts with the specifics of your situation and ensure your filings use the correct current language. Connecting with local counsel early helps you avoid procedural missteps as the transition takes effect.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.