Prohibits the consideration of evidence that either parent has ever obtained or attempted to obtain reproductive health services relating to the termination of a pregnancy in certain legal proceedings.
Impact
The enactment of Bill S08860 is poised to affect state laws significantly regarding custody cases in New York by ensuring that decisions made in these cases focus solely on the best interests of the child, free from considerations of past reproductive health decisions. This change intends to prevent discrimination against parents based on their reproductive choices, aligning legal practices with evolving societal views on reproductive rights. As a result, this bill could potentially alter the dynamics of future custody decisions, creating a precedent for the treatment of personal health decisions in judicial matters.
Summary
Bill S08860 amends the domestic relations law in New York to prohibit courts from considering any evidence regarding a parent's past acquisition or attempts to acquire reproductive health services, particularly those related to the termination of pregnancy, during legal proceedings concerning child custody and support. By doing so, the bill aims to protect the parental rights of individuals who may have sought these services from being penalized in custody disputes. This measure reflects a significant change in how such evidence is treated in family law contexts, thereby increasing the privacy and rights of parents involved in custody proceedings.
Contention
Despite its intent to safeguard parental rights, S08860 may face contention from groups advocating for children's welfare who argue that any factors that could impact parenting capabilities should be relevant in custody decisions. Critics may express concerns that the exclusion of reproductive health considerations could lead to situations where crucial health-related contexts are overlooked in custody evaluations. Debates may arise around balancing parental rights with the need to ensure child safety and welfare in situations where reproductive health history could be relevant.
Same As
Prohibits the consideration of evidence that either parent has ever obtained or attempted to obtain reproductive health services relating to the termination of a pregnancy in certain legal proceedings.
Prohibits the consideration of evidence that either parent has ever obtained or attempted to obtain reproductive health services relating to the termination of a pregnancy in certain legal proceedings.
Prohibits the consideration of evidence that either parent has ever obtained or attempted to obtain reproductive health services relating to the termination of a pregnancy in certain legal proceedings.
Providing criminal penalties for the transporting of an unemancipated minor in order to obtain a surgical procedure or a termination of the minor's pregnancy without parental permission.
Provides that possession of a condom or other reproductive or sexual health device may not be received in evidence in any trial, hearing or proceeding as evidence of conduct which would constitute an offense defined in article 230 of the penal law.
Provides that possession of a condom or other reproductive or sexual health device may not be received in evidence in any trial, hearing or proceeding as evidence of conduct which would constitute an offense defined in article 230 of the penal law.
Requires parental notice prior to the performance of an abortion upon an unemancipated minor; defines unemancipated minor as person less than eighteen years of age; allows for waiver of such notice in limited instances; establishes circumstances and procedures for proceedings to obtain an order waiving such parental notification.