As of mid-June 2026, New York Governor Kathy Hochul has neither signed nor vetoed A8382A/S9316, legislation that replaces "mother" and "father" with "gestating parent" and "non-gestating parent" throughout New York family law. If she takes no action, the bill dies via pocket veto, leaving terminology affecting roughly 150,000 annual divorce and custody cases unresolved.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Bill A8382A/S9316 passed the NY Legislature; Hochul has not signed or vetoed it |
| When | Passed in the 2026 session; sitting on the governor's desk past the mid-June 2026 action window |
| Where | New York State |
| Who's affected | Parents in ~150,000 annual NY divorce, custody, and parentage cases |
| Key statute/rule | Amends terminology across N.Y. Dom. Rel. Law § 240 and related family-law provisions |
| Impact | Replaces "mother"/"father" with "gestating parent"/"non-gestating parent"; outcome currently in legislative limbo |
Why this matters legally
The terminology a statute uses determines how courts apply it, so swapping "mother" and "father" for "gestating parent" and "non-gestating parent" is a substantive change, not a cosmetic one. According to The Federalist, the governor's office declined to say whether she will sign the measure, which means parents in pending cases cannot know which vocabulary their custody orders, parentage findings, and support judgments will use.
Legislative limbo creates real practical uncertainty. New York family courts decide parentage, custody, and child support under existing gendered terminology today. If A8382A/S9316 becomes law, judges, clerks, and attorneys must conform filings and orders to the new gestating/non-gestating framework. If it dies by pocket veto, the current statutory language remains untouched. Until Hochul acts, both outcomes remain live, and that ambiguity itself affects how cautious practitioners draft documents intended to outlast a single legislative session.
How New York law handles this
New York determines custody and parentage under a body of statutes that the bill would amend. Custody and visitation are governed by N.Y. Dom. Rel. Law § 240, under which courts decide based on the best interests of the child rather than any presumption favoring either parent by gender. The terminology change in A8382A/S9316 does not alter the best-interests standard itself; it changes the labels the statute attaches to the people the standard governs.
New York's equitable distribution and support framework lives in N.Y. Dom. Rel. Law § 236, which divides marital property and sets maintenance based on statutory factors, not parental titles. Because these provisions already operate without favoring "mother" or "father," the proposed change is primarily definitional. The substantive tests for property division, maintenance, and custody would continue to apply as written, regardless of whether the labels read "mother/father" or "gestating/non-gestating parent."
A pocket veto is a specific procedural outcome under New York's constitution. When the Legislature has adjourned, a bill the governor neither signs nor returns within the constitutional window fails to become law. That mechanism is why inaction here is consequential: silence is not neutral. By declining to act, Hochul can effectively defeat the bill without issuing a formal veto message, which is a recognized and lawful exercise of executive discretion in New York.
Practical takeaways
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Do not assume the law has changed. As of mid-June 2026, "mother" and "father" remain the operative statutory terms in New York family law. Filings, orders, and agreements drafted today should reflect current law unless and until the bill is signed.
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Build flexibility into separation agreements. Couples negotiating settlements during this uncertain window can use neutral functional descriptions of each parent's role and responsibilities, so the agreement reads clearly whichever terminology ultimately controls.
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Watch for the governor's action, not commentary. The legally significant event is a signature or a pocket veto, not statements from either side. Confirm the bill's status through the official New York State Legislature record before relying on its provisions.
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Understand that the standard, not the label, decides your case. New York custody outcomes turn on the best-interests analysis under N.Y. Dom. Rel. Law § 240. A change in vocabulary does not change the factors a judge weighs when deciding parenting time and decision-making.
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Confirm parentage carefully in non-traditional families. Same-sex couples, surrogacy arrangements, and assisted-reproduction families should establish legal parentage through clear documentation regardless of which terminology the statute uses, because parentage status, not statutory wording, controls standing in custody disputes.
If you are navigating a New York divorce, custody, or parentage matter during this period of legislative uncertainty, a qualified New York family law attorney can help you draft documents that hold up regardless of how the terminology question is ultimately resolved.
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.