By Hank Russell
A bill has reached Governor Kathy Hochul’s desk that would change how parents are referred to in child custody cases and paternity tests.
The legislation, which passed both chambers of the state legislature on June 2, would “[replace] the terms father, mother, and filiation to gender neutral language.” As a result, “mother” would be a “gestating parent” and “father” with “non-gestating parent.” Moreover, it would replace the term “paternity” with “parentage” and “putative father” — a man who is believed to be the child’s biological father, but is not yet legally recognized as such — would be referred to as the “alleged parent.”
Supporters of the bill say this would make it more inclusive for LGBTQ+ families.
“Families evolve, and our laws should reflect the realities they face today,” said state Senator Luis Sepúlveda (D-Bronx), who sponsored the bill along with Assemblymember Amy Paulin (D-Westchester), posted on Facebook. “This legislation updates outdated legal terminology to reduce confusion, strengthen protections for children, support working families, and ensure New York law works for everyone. Clearer laws. Stronger protections. Better futures for our children.”
When asked by USA Today if the governor would sign the bill into law — she has until the end of the year to sign it — a Hochul spokesperson replied, ““The Governor believes mothers are mothers and fathers are fathers, and no legislation changes that.”
GOP officials say the Democrat-controlled state Legislature is misguided. “While New Yorkers are struggling with skyrocketing utility bills, high taxes, and public safety concerns, out-of-touch Albany Democrats are focused on changing language in state law instead of addressing real everyday problems,” said state Senator Steve Rhoads (R-Levittown), “Families aren’t asking for word games — they’re asking for relief, safety, and affordability.”
In an email from Bruce Blakeman’s campaign obtained by Long Island Life & Politics, the county executive and GOP candidate for governor said, “New Yorkers are paying the highest individual tax burden in the entire country. Hundreds of thousands have already fled. Businesses are leaving. And Hochul’s New York is focused on erasing moms and dads from the law books.”
Some officials have already pushed back. The Town of Hempstead passed an emergency resolution protecting the use of the terms “mother” and “father” in the town’s laws and policies. “As a father of two, it was an insult to me and to my wife,” Town Supervisor John Ferretti told Fox News. “As soon as I learned, the first thing I did was bring my wife into our bedroom and say, ‘Look what they did up in Albany. They’re eliminating the terms mother and father from state law.'”
LILP is currently conducting a poll asking if respondents support the state bill.
Ferretti also told Fox News that Hochul will wait until the end of the year to sign the legislation “because she’s not brave enough to take a stand” before the election.
“The legislation, which we will review, appears to address technical legal issues related to surrogacy and parentage,” the governor’s spokesperson told USA Today. “Anyone making bad-faith arguments is deliberately misleading New Yorkers for political gain.”