In Albany, the familiar legal labels "mother" and "father" are on their way out of New York's Family Court statutes, replaced with gender-neutral terms such as "gestating parent" and "non-gestating parent." The same measure swaps out "paternity" for the more clinical "parentage," a change sponsors say is meant to match how courts already handle surrogacy and assisted reproduction.
What the bill changes
The bill, S.9316/A.8382, rewrites dozens of references across the Family Court Act and related laws. Wherever the statutes once said "paternity," they would now read "parentage," and references to "mother" and "father" would become "gestating parent" and "non-gestating parent." The measure also renames "putative father" as "alleged parent" and tweaks venue, summons and evidentiary language so the terminology stays consistent, according to the text posted by the New York State Senate.
Why backers say it's needed
Supporters describe the rewrite as a technical clean-up that catches the statute up to how judges already deal with surrogacy, IVF and non-biological parenting arrangements. They point to the Child-Parent Security Act, which created modern pre-birth and post-birth parentage procedures for assisted reproduction, and to the way that law has been implemented in practice. The state Department of Health's summary of that act is central to their case, according to the New York State Department of Health.
Where the bill stands
On June 2, 2026, the Senate substituted the Assembly version of the measure and approved it in a 38–23 floor vote, then sent it back to the Assembly for final action. Under the bill language, the changes would kick in "on the first day of November after it shall have become a law." The chamber's actions are recorded on the New York State Senate site.
Legal impact and practice
Family-law attorneys say the proposal is largely about vocabulary, not a new path to legal parentage. In their view, it updates the words used in petitions, forms and court orders without, on its face, creating additional ways to be recognized as a parent. For background on how parentage is already established in New York, including acknowledgments of parentage and pre-birth judgments under the Child-Parent Security Act, see analysis from the New York State Bar Association and a CPSA summary from the New York State Unified Court System.
Politics and reaction
The terminology shift has quickly turned into a political flashpoint. Critics have blasted it as a "woke" rewrite that erases traditional family language, while defenders shrug it off as a necessary technical update for how real-world families are already forming. As reported by the New York Post, some lawmakers rolled their eyes during the floor debate, and the paper quotes Gov. Kathy Hochul as saying she would "take a look" at the measure.
Next up, the Assembly has to agree to the Senate's amendment before the bill can head to Hochul's desk. If she signs it, the state court system would phase in the new terms through revised forms and updated day-to-day practice. Observers are watching for any final Assembly moves and for a clearer signal from the governor's office as the bill approaches the finish line.
