Last week, the New York Senate passed legislation to replace the terms “father” and “mother” with the gender-neutral language of “gestating parent” and “non-gestating parent.” If enacted, this bill would change these terms in all previous and future New York family laws. Back in March, the bill passed with surprising speed in the House. It currently awaits Gov. Kathy Hochul’s signature.
The legislation would also change the words “paternity” and “filiation” to the term “parentage” to allow for more “inclusivity.” Under the justification section of his bill, sponsor state Sen. Luis Richard Sepulveda writes, “Advocates urge for the need to modernize, catching up with evolving definitions of parenthood.” He argues that in today’s society, the words “mother” and “father” are outdated since “Courts have recognized how non-biological, non-adoptive parents can be treated as legal parents in certain circumstances.”
This refers to a case in which the New York Supreme Court ruled that “a person who is not a biological or adoptive parent may obtain standing to petition for custody or visitation.” This case, called Matter of Brooke S.B. v. Elizabeth A.C.C., involved two women in a homosexual relationship. In 2008, the respondent decided with the petitioner to go through artificial insemination to get pregnant. She gave birth to a baby boy a year later. The couple jointly raised the child until 2010, when they ended their relationship. The petitioner sought court assistance after the respondent denied her visitation rights to meet with the child. This case made its way up to the Supreme Court of New York, which found in favor of the petitioner.
This case created precedent for considering “non-biological, non-adoptive” people as parents under the law. Similarly, this bill will allow for continued protection for same-sex couples with children by changing the vocabulary of the law. Under this new terminology, biological and adoptive ties will be treated as equal to the rights of nonbiological relationships.
In a Fox News interview, New York Minority Leader Edward Ra said that this bill is taking up valuable time that could be used to advance other priorities for New Yorkers. “We don’t think it does anything to make New York more affordable on a permanent basis, and that’s what New Yorkers are talking about, that’s what they care about,” he said. “They want to know what we’re doing to make their lives more affordable.”
Gov. Hochul said, “I won’t be commenting on pending legislation.”
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