The New York Legislature passed bill A8382A/S9316 on June 2, 2026, replacing the terms "mother" and "father" with "gestating parent" and "non-gestating parent" across all family court proceedings and child support statutes. If Governor Hochul signs, the terminology takes effect November 1, 2026, affecting roughly 150,000 divorce and custody cases filed in New York each year.
This is a terminology change, not a substantive change to how custody, support, or parentage is decided. The legal standards governing parenting arrangements and child support in New York remain the same. What changes is the language courts, clerks, and filings will use to describe the parties.
Key Facts
| Item | Detail |
|---|---|
| What happened | Legislature passed bill A8382A/S9316 adopting gender-neutral parent terminology |
| When | Passed June 2, 2026; effective November 1, 2026 if signed |
| Where | New York State (all family courts and Supreme Court matrimonial parts) |
| Who's affected | Parents in ~150,000 annual divorce and custody cases |
| Key statute | Amends N.Y. Dom. Rel. Law § 240 and Family Court Act provisions |
| Impact | Replaces "mother"/"father" with "gestating parent"/"non-gestating parent" in statutes and forms |
The bill, available through the New York State Legislature, represents the most significant terminological change to New York family law since the Domestic Relations Law was last comprehensively updated in 2010, when no-fault divorce was added under N.Y. Dom. Rel. Law § 170(7).
Why this matters legally
The bill changes the vocabulary of New York family law without altering its substantive standards. Under N.Y. Dom. Rel. Law § 240, custody and visitation decisions are governed by the "best interests of the child" standard, and that standard does not change. The terms "gestating parent" and "non-gestating parent" simply replace gendered labels in statutory text, court forms, and orders.
The practical significance lies in clarity and inclusion. New York recognizes parentage through several routes, including the Child-Parent Security Act of 2021, which established parentage for children born through surrogacy and assisted reproduction. Gendered terms created friction for same-sex couples, surrogacy arrangements, and families where the biological and legal parent roles did not map onto "mother" and "father." By replacing those terms, the Legislature aligned the statutory language with parentage law that already accommodates diverse family structures.
For the roughly 150,000 cases filed annually, the immediate effect is administrative. Court forms, e-filing fields, and standard orders will be revised by the Office of Court Administration before the November 1, 2026 effective date. Existing orders entered before that date remain valid and do not require amendment.
How New York law handles this
New York decides custody and support based on neutral statutory standards that do not depend on a parent's gender. Custody follows the best-interests analysis under N.Y. Dom. Rel. Law § 240, which weighs each parent's stability, caregiving history, and the child's needs. The new terminology does not add or remove any factor in that analysis.
Child support is calculated under the Child Support Standards Act, codified at N.Y. Dom. Rel. Law § 240(1-b) and the parallel Family Court Act § 413. The Act applies fixed percentages to combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more children, applied to combined income up to the statutory cap (adjusted periodically). The non-custodial parent pays a pro-rata share. Replacing "father" with "non-gestating parent" in this section does not change the formula or who pays.
Parentage itself is established under the Child-Parent Security Act and the Family Court Act. New York permits acknowledgments of parentage, judgments of parentage, and parentage through assisted reproduction. The new gender-neutral terms slot into these existing frameworks. A non-gestating parent enjoys the same rights and obligations a "father" or second "mother" held under prior language, including standing to seek custody, the duty to pay support, and the right to participate in major decisions.
New York also follows the Uniform Child Custody Jurisdiction and Enforcement Act, codified in N.Y. Dom. Rel. Law § 76, to determine which state has jurisdiction over custody. The terminology change is internal to New York and does not affect interstate jurisdiction, which turns on the child's home state, not the parents' labels.
Practical takeaways
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Check the effective date. If your case is filed or your order is entered on or after November 1, 2026, expect forms and orders to use "gestating parent" and "non-gestating parent." Orders entered before that date keep their original language and remain fully enforceable.
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Your rights and obligations do not change. Whether you are labeled a gestating or non-gestating parent, your custody rights under N.Y. Dom. Rel. Law § 240 and your support obligations under the Child Support Standards Act are identical to what they were before.
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Update your own documents thoughtfully. Parenting plans, separation agreements, and stipulations drafted after the effective date should use the new terminology to match court forms, but pre-existing agreements do not need to be rewritten to stay valid.
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If you are in a surrogacy or assisted-reproduction arrangement, the new terms may describe your family more accurately. Confirm with your attorney that your parentage documentation under the Child-Parent Security Act reflects current language.
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Watch for the signature. The bill is not yet law. It takes effect only if Governor Hochul signs it. Until then, current gendered terminology remains in force, and the November 1, 2026 date is contingent on signature.
If you are navigating a divorce or custody matter in New York and want to understand how current statutes apply to your specific family structure, a New York family law attorney can walk you through your rights and obligations under the existing framework. Our directory connects you with attorneys serving your county.
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.