New York lawmakers passed bill A8382A/S9316 in June 2026, replacing the terms 'mother' and 'father' with 'gestating parent' and 'non-gestating parent' throughout the state's family court and child support statutes. If Governor Hochul signs, the change takes effect November 1, 2026, affecting roughly 150,000 divorce and custody cases filed annually in New York. Critically, the bill alters vocabulary only — it does not change substantive parental rights, support obligations, or any existing court order.
Key Facts
| Detail | Summary |
|---|---|
| What happened | NY Legislature passed bill A8382A/S9316 replacing 'mother'/'father' with 'gestating parent'/'non-gestating parent' in family law statutes |
| When | Passed June 2026; effective November 1, 2026 (if signed by Gov. Hochul) |
| Where | New York State — all family courts and Supreme Court matrimonial parts |
| Who's affected | ~150,000 divorce and custody cases filed annually; same-sex couples, surrogacy arrangements, and all future filers |
| Key statute affected | N.Y. Dom. Rel. Law § 240 and child support provisions under N.Y. Dom. Rel. Law § 236 |
| Practical impact | Terminology change only — no alteration to parental rights, support calculations, or existing orders |
Why this matters legally
This bill modernizes New York's family law vocabulary to match the reality of how families are formed in 2026, but it does not expand or contract any parent's legal rights. The legislation replaces gendered terms with biologically descriptive ones — 'gestating parent' refers to the person who carried the pregnancy, and 'non-gestating parent' refers to the other legal parent. For the estimated 150,000 New Yorkers who file for divorce or custody each year, the substance of their cases remains unchanged.
The practical significance lies in clarity for non-traditional families. Same-sex couples, parents using surrogacy, and adoptive families have long encountered statutory language that did not fit their circumstances. A statute referencing 'the mother' created ambiguity when both legal parents were women, or when neither parent gestated the child. By using function-based terminology, New York removes that friction. This aligns the state with its existing Child-Parent Security Act, enacted in 2021, which already recognized intended parents in surrogacy arrangements under N.Y. Fam. Ct. Act § 581-101.
Importantly, the bill is prospective vocabulary reform, not retroactive substantive change. Every divorce decree, custody order, and child support judgment issued before November 1, 2026 remains fully valid and enforceable under its original wording. Courts will not reopen or reissue existing orders.
How New York law handles this
New York's core custody and support framework remains anchored in the same statutes, now with updated terminology. Under N.Y. Dom. Rel. Law § 240, courts determine custody and parenting time based on the best interests of the child — a standard that is gender-neutral in application and unchanged by this bill. The new language simply ensures the statutory text reflects that neutrality.
Child support obligations continue to be calculated under the Child Support Standards Act, codified at N.Y. Dom. Rel. Law § 240 and N.Y. Fam. Ct. Act § 413. The CSSA applies fixed percentages to combined parental income — 17% for one child, 25% for two children, 29% for three, 31% for four, and no less than 35% for five or more children. These percentages do not change. The bill substitutes 'gestating parent' and 'non-gestating parent' for gendered references but leaves the math, the income shares model, and the support formula entirely intact.
Equitable distribution under N.Y. Dom. Rel. Law § 236 Part B is likewise unaffected in substance. New York divides marital property equitably — not necessarily equally — based on statutory factors including the length of the marriage and each spouse's contributions. None of those factors reference parental gender, so the terminology update does not alter how judges divide assets. Spousal maintenance, calculated under the 2015 maintenance guidelines in N.Y. Dom. Rel. Law § 236(B)(6), also continues unchanged.
For parties with pending cases as of November 1, 2026, court forms and orders filed after that date will use the new terms. Attorneys and self-represented litigants should expect updated petition templates, but the legal analysis a judge applies remains identical to current practice.
Practical takeaways
-
Review your existing orders for peace of mind, but take no action. If you have a final divorce decree, custody order, or support judgment dated before November 1, 2026, it remains valid as written. You do not need to amend it to reflect the new vocabulary.
-
Expect updated court forms after November 1, 2026. New petitions, custody applications, and support filings in New York family and matrimonial courts will use 'gestating parent' and 'non-gestating parent.' Confirm you are using the current version of any form before filing.
-
Same-sex and surrogacy families gain clearer statutory footing. If you are a non-traditional family navigating custody or support, the new language removes the ambiguity that gendered terms previously created — but consult an attorney to confirm how it interacts with your specific parentage documentation.
-
Child support calculations stay the same. The Child Support Standards Act percentages (17% for one child, 25% for two) and the income-based formula are untouched. Do not assume the terminology change affects what you owe or receive.
-
Watch for the Governor's signature. The bill takes effect only if Governor Hochul signs it, with an effective date of November 1, 2026. Track the status before relying on the new terminology in any filing.
If you are navigating a divorce or custody matter in New York and want to understand how current statutes apply to your circumstances, connecting with a qualified New York family law attorney can help you move forward with clarity. A directory like divorce.law can help you find one in 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.