New York bill A8382A/S9316 would replace the terms 'mother' and 'father' with 'gestating parent' and 'non-gestating parent' and swap 'paternity' for 'parentage' across the Family Court Act, Domestic Relations Law, and child-support statutes. Governor Hochul must sign or veto within 30 days of legislative adjournment; if she takes no action, the bill is pocket-vetoed. If signed, it takes effect November 1, 2026, touching roughly 150,000 divorce and custody cases filed annually.
| Item | Detail |
|---|---|
| What happened | NY Legislature passed bill A8382A/S9316 replacing gendered parental terms with 'gestating parent'/'non-gestating parent' |
| When | Awaiting Governor Hochul's action within 30 days of adjournment; effective November 1, 2026 if signed |
| Where | New York State (all 62 counties) |
| Who's affected | Parties in an estimated 150,000 annual divorce, custody, and support cases |
| Key statutes | Family Court Act, N.Y. Dom. Rel. Law § 236, child-support provisions |
| Impact | Terminology change in statutes and court forms; substantive support and custody standards unchanged |
The reporting comes from Fox News, which covered the bill's passage and its arrival on the Governor's desk. As of publication, Hochul has not announced whether she will sign, veto, or allow the measure to lapse.
Why this matters legally
This bill changes the words New York statutes use to describe parents, not the legal standards courts apply to custody, support, or property. If Governor Hochul signs A8382A/S9316, New York's Family Court Act, Domestic Relations Law, and child-support statutes would substitute 'gestating parent' and 'non-gestating parent' for 'mother' and 'father,' and replace 'paternity' with 'parentage,' effective November 1, 2026. The substantive tests judges use — the child's best interests for custody, the statutory formula for support — remain identical.
Terminology in a statute carries real weight because courts, clerks, and attorneys draft petitions, orders, and forms using the exact language the legislature enacts. A statewide vocabulary change means every affected court form, standardized order, and filing template would need revision before or on the effective date. For the estimated 150,000 divorce and custody cases filed each year in New York, the practical effect is administrative: new form language, not a new legal result. Courts have historically treated such gender-neutral drafting updates as clarifying rather than altering existing rights.
How New York law handles this
New York already applies gender-neutral substantive standards in family law, which is why this bill is framed as a terminology update rather than a policy shift. Under N.Y. Dom. Rel. Law § 240, custody and parenting decisions turn on the best interests of the child, with no presumption favoring either parent based on gender. Child support is calculated under the Child Support Standards Act, N.Y. Dom. Rel. Law § 240 and Family Court Act § 413, using a percentage of combined parental income — 17% for one child, 25% for two, rising to no less than 35% for five or more children — regardless of which parent is labeled 'mother' or 'father.'
Property division in New York follows equitable distribution under N.Y. Dom. Rel. Law § 236, Part B, which directs courts to divide marital property fairly based on statutory factors, not equally and not by gender. Because these frameworks are already gender-neutral in operation, replacing 'mother'/'father' with 'gestating parent'/'non-gestating parent' would not change how a judge calculates support, values a marital estate, or evaluates a custody dispute. The change primarily affects the descriptive labels attached to parties in petitions and orders. Understanding equitable distribution remains central to any New York divorce regardless of the labels used.
Parentage — the legal recognition of a parent-child relationship — is established in New York through birth, acknowledgment, adoption, or court order. Swapping 'paternity' for 'parentage' broadens the descriptive term to cover establishment of legal parenthood for all parents, including in surrogacy and assisted-reproduction contexts already governed by New York's Child-Parent Security Act. The underlying process for establishing a legal parent-child relationship stays the same.
Practical takeaways
For New Yorkers with pending or anticipated family court matters, here is what to watch and do:
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Track the 30-day clock. Governor Hochul must act within 30 days of legislative adjournment. If you have a filing planned near November 1, 2026, confirm which form version your court is using, because that is the bill's stated effective date if signed.
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Expect form and terminology changes, not standard changes. If signed, your petition and orders may read 'gestating parent' or 'non-gestating parent,' but the child custody best-interests analysis and the support formula that determine your outcome do not change.
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Review draft agreements for terminology consistency. If you are negotiating a settlement or a parenting plan that may be finalized after the effective date, ask your attorney whether to use the updated statutory language to match court forms.
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Do not delay a needed filing over the label change. Custody, support, and property rights under N.Y. Dom. Rel. Law § 236 are unaffected. A pending case does not gain or lose value because of the vocabulary used.
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Estimate your numbers now. Use our parenting time calculator to model schedules and our support tools to project payments, since those calculations are driven by income and time, not by the terms in the statute.
If you are beginning the process, a personalized divorce roadmap can help you sequence the steps, and you can find a divorce attorney in your county who tracks these legislative updates.
The outcome of A8382A/S9316 will not change the fundamentals of how New York decides custody, support, or property — but it will change the language on your court paperwork. Staying informed about the effective date helps you file with the correct forms and avoid clerical delays.
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.