New York bill A8382A/S9316 would replace "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's office signaled support despite a June 19, 2026 veto request from three GOP senators and the state's Catholic bishops; if signed, the changes take effect November 1, 2026, and touch roughly 150,000 divorce and custody cases annually.
| Key Fact | Detail |
|---|---|
| What happened | NY Legislature passed A8382A/S9316, replacing gendered parenting terms with "gestating parent"/"non-gestating parent" and "paternity" with "parentage" |
| When | Passed 2026; Gov. Hochul signaled support after a June 19, 2026 veto-request letter; effective November 1, 2026 if signed |
| Where | New York State (all 62 counties) |
| Who's affected | An estimated 150,000 divorce, custody, and support cases annually |
| Key statutes | Family Court Act; Domestic Relations Law (including N.Y. Dom. Rel. Law § 236); child support statutes |
| Practical impact | Court forms, petitions, and orders will use gender-neutral parentage terminology; substantive support and custody standards remain unchanged |
Why this matters legally
This bill changes the language New York courts use to identify parents, not the substantive rules that govern divorce, custody, or support. A8382A/S9316 is a terminology modernization statute: it replaces "mother," "father," and "paternity" with "gestating parent," "non-gestating parent," and "parentage" throughout the Family Court Act and Domestic Relations Law. According to Fox News reporting on the New York State Senate bill, the change is designed to align statutory language with the state's existing legal recognition of same-sex parents, surrogacy arrangements, and assisted-reproduction families.
The legal significance is procedural and administrative. Roughly 150,000 divorce and custody matters filed each year in New York would use updated forms and orders reflecting parentage language rather than paternity language. The best-interests-of-the-child standard that governs child custody arrangements, the income-shares approach to child support, and equitable distribution rules for marital property all remain intact. A parent's rights and obligations do not expand or contract because the label changed from "father" to "non-gestating parent."
How New York law handles this
New York already anchors parentage in the Child-Parent Security Act, enacted in 2021, which recognizes intended parents in surrogacy and assisted-reproduction cases regardless of gender. A8382A/S9316 extends that gender-neutral framework into the older statutory language of the Family Court Act and Domestic Relations Law that still used "paternity" and gendered parent terms. The bill harmonizes decades-old text with New York's current recognition of diverse family structures.
Custody and support standards are unaffected by the terminology change. Under New York's Domestic Relations Law, custody is decided by the best interests of the child, and N.Y. Dom. Rel. Law § 236 governs equitable distribution of marital property and spousal maintenance. Child support continues to follow the Child Support Standards Act, which applies statutory percentages (17% of combined parental income for one child, 25% for two, rising to no less than 35% for five or more) to the parents' combined income. Whether a parent is now called a "gestating parent" or a "non-gestating parent" does not alter these calculations. If you want to estimate obligations under the existing formula, our child support calculator reflects the current statutory percentages.
Parenting time also remains governed by best-interests factors, not by the new labels. Courts weigh each parent's caregiving history, stability, and the child's needs when crafting a parenting plan. The statute's opponents — three GOP senators and New York's Catholic bishops — argued in their June 19, 2026 letter that the language shift is unnecessary and ideologically driven, but the bill does not create new custody presumptions or reassign parental rights. Estimate a schedule with our parenting time calculator.
Practical takeaways
Here is what New York parents and litigants should know if A8382A/S9316 is signed and takes effect November 1, 2026:
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Expect updated court forms. Petitions, orders, and judgments filed on or after November 1, 2026 will use "parentage," "gestating parent," and "non-gestating parent" instead of "paternity," "mother," and "father." The substance of what you must prove does not change.
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Pending cases are unlikely to be disrupted. Terminology statutes typically apply to forms and filings going forward. If your divorce or custody case is already open, your existing orders remain valid and enforceable under their original terms.
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Support obligations stay the same. The Child Support Standards Act percentages (17% for one child, 25% for two) and the income-shares methodology are untouched. Recalculate anytime circumstances change through a child support modification.
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Same-sex and assisted-reproduction families gain clearer statutory footing. If you established parentage through surrogacy or assisted reproduction, the updated language reduces the risk of ambiguity in older Family Court Act provisions.
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Watch the effective date. Nothing changes before November 1, 2026, and only if Hochul signs. If she vetoes, current terminology remains in force. Building a personalized divorce roadmap can help you plan around the timeline regardless of the outcome.
If you are navigating a divorce, custody dispute, or support matter in New York, the terminology in your paperwork may soon change, but your rights and obligations rest on well-settled law. A qualified family law attorney can explain how the current statutes apply to your circumstances and whether the November 1, 2026 effective date affects your filing strategy. You can find a divorce attorney serving your county through our directory.
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.