S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1006

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2009
                                      ___________

       Introduced  by M. of A. BING, GOTTFRIED, ROSENTHAL -- Multi-Sponsored by
         -- M. of A.  JAFFEE,  KELLNER,  V. LOPEZ,  TITONE  --  read  once  and
         referred to the Committee on Judiciary

       AN  ACT  to amend the domestic relations law, in relation to the custody
         of children

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section  240  of the domestic relations law is amended by
    2  adding a new subdivision 6 to read as follows:
    3    6. IN ANY CASE INVOLVING THE CUSTODY  OF  THE  CHILD,  WHEN  MAKING  A
    4  DETERMINATION AS TO THE BEST INTERESTS OF THE CHILD, THE JUDGE SHALL NOT
    5  PROHIBIT  A PARENT FROM UNDERGOING GENDER REASSIGNMENT AS A CONDITION OF
    6  RECEIVING CUSTODY.
    7    S 2. This act shall take effect immediately.






        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01451-01-9