The New York State Legislature has passed Senate Bill S9316 (companion Assembly Bill A8382), which replaces certain gendered terms such as “mother,” “father,” “paternity,” and “filiation” with gender-neutral alternatives in portions of the Family Court Act and related statutes.
The bill, sponsored by Senator Luis R. Sepúlveda, a Bronx Democrat and Assemblymember Amy Paulin of Westchester, passed the Senate on June 2, 2026, by a vote of 38-23 following earlier Assembly approval. It now awaits action by Governor Kathy Hochul.
The legislation amends language across multiple areas of law, including family court proceedings, domestic relations, social services, education, and others. Under the bill, “mother” is replaced with “gestating parent” in relevant contexts, while “father” becomes “non-gestating parent” or simply “parent.”
Proceedings previously termed “paternity” cases are updated to “parentage” determinations. A “putative father” is redefined as an “alleged parent.” These changes apply primarily to legal proceedings involving child custody, support, adoption, surrogacy, and related matters.
The bill builds on the 2021 Child-Parent Security Act, which legalized gestational surrogacy and incorporated gender-neutral language for parental rights in assisted reproduction cases. “To adjust language in the law to a more inclusive and gender-neutral form, substituting ‘parentage’ for ‘paternity’ and ‘filiation,’” its sponsor memo states.
The justification section explains that the term “paternity” derives from Latin roots referring specifically to fatherhood, whereas “parentage” encompasses broader parental relationships, including non-biological and same-sex parenting arrangements recognized by courts. It references cases such as Brooke S.B. v. Elizabeth A.C.C. (2016) and principles of equitable estoppel in parentage determinations.
A memo accompanying the bill notes that updates align family law with practices in surrogacy and adoption involving same-sex couples or non-traditional family structures. Adoption lawyers have claimed that existing terms like “mother” and “father” can be outdated given increases in same-sex adoptions and surrogacy contracts.
When asked about the bill, Governor Hochul did not indicate whether she intends to sign it. “Well, I’m not familiar with what was introduced. I’ll take a look at it. This has been my practice for five years,” she said.
The legislation will take affect on November 1 if enacted.
