New York's Legislature passed bill A8382A/S9316 in June 2026, replacing the terms "mother" and "father" with "gestating parent" and "non-gestating parent" and swapping "paternity" for "parentage" across family law statutes. If Governor Hochul signs it, the changes take effect November 1, 2026, affecting roughly 150,000 divorce and custody cases New Yorkers file annually.
Key Facts
| Detail | Summary |
|---|---|
| What happened | NY Legislature passed bill A8382A/S9316 replacing "mother"/"father" with "gestating parent"/"non-gestating parent" and "paternity" with "parentage" |
| When | Final Senate passage June 2026 at session close; effective November 1, 2026 if signed |
| Where | New York State — family court, domestic relations, and child support statutes |
| Who's affected | All parties in NY divorce, custody, and parentage cases — roughly 150,000 filings annually |
| Key statutes | N.Y. Dom. Rel. Law § 70, N.Y. Dom. Rel. Law § 240, Family Court Act provisions |
| Status | Awaiting Governor Hochul's signature or veto |
Why this matters legally
This bill changes the vocabulary of New York family law, not its substance. According to Fox News reporting on June 2026, A8382A/S9316 is a terminology-modernization measure that substitutes "gestating parent" and "non-gestating parent" for gendered terms throughout the Domestic Relations Law, the Family Court Act, and child support statutes. The underlying legal standards — best interests of the child, equitable distribution, support calculations — remain unchanged.
The practical significance lies in clarity for non-traditional families. New York legalized same-sex marriage in 2011 and has recognized surrogacy agreements since the Child-Parent Security Act took effect February 15, 2021. Gendered statutory language created friction in cases involving two mothers, two fathers, or gestational surrogates. By using biologically descriptive terms, the Legislature aims to make the statutes apply cleanly to every family structure already recognized under New York law.
How New York law handles this
New York courts decide custody and parentage under the best-interests standard, and this bill does not alter that framework. Under N.Y. Dom. Rel. Law § 70, neither parent holds a presumptive advantage based on sex, and courts award custody according to the child's best interests. The new terminology reinforces this sex-neutral approach already embedded in existing case law and statute.
Parentage establishment shifts terminology under the bill. New York's N.Y. Dom. Rel. Law § 240 governs custody and child support determinations in matrimonial actions, while the Family Court Act handles parentage proceedings. Replacing "paternity" with "parentage" aligns the statutory language with the Child-Parent Security Act, which since 2021 has allowed intended parents to establish legal parentage through a court order of parentage regardless of biological connection.
Child support obligations stay identical in dollar terms. New York calculates support under the Child Support Standards Act, applying percentages of combined parental income — 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. The bill renames the parties in these proceedings but does not touch the percentage formula, income caps, or add-on expenses for childcare, education, and health insurance.
Practical takeaways
New Yorkers with pending or anticipated family law matters should note these concrete points:
-
Your case outcome will not change because of the terminology. If you are filing for divorce, custody, or support in 2026, courts apply the same best-interests and Child Support Standards Act rules regardless of whether documents say "mother" or "gestating parent."
-
New paperwork takes effect November 1, 2026. If Hochul signs the bill, updated court forms, petitions, and orders will use the revised terms. Cases filed before that date will likely retain existing language unless amended.
-
Surrogacy and LGBTQ+ families gain cleaner statutory footing. Intended parents using a gestational carrier under the Child-Parent Security Act should find the "gestating parent"/"non-gestating parent" framework reduces ambiguity in parentage orders.
-
The bill could still be vetoed. New York's Catholic bishops have urged Governor Hochul to reject it, per Fox News. Until she signs, current terminology remains in force.
-
Existing custody and support orders remain valid. A terminology change does not reopen or modify any final order. You would still need a substantial change in circumstances to seek modification under N.Y. Dom. Rel. Law § 240.
Frequently asked questions
The following questions reflect common concerns New Yorkers raise after reading about this legislation.
Conclusion
New York's A8382A/S9316 modernizes the language of family law without rewriting its rules. Whether the statutes say "mother" or "gestating parent," the best-interests standard, equitable distribution, and the Child Support Standards Act percentages govern your divorce or custody case. If you have questions about how New York family law applies to your situation, a qualified family law attorney can explain your rights and obligations.
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.