New Amendments to California's Uniform Child Custody Jurisdiction and Enforcement Act: Protecting Access to Gender-Affirming Health Care
/Effective January 1, 2023, California's Senate Bill 107 (Stats 2022, ch 810) brings significant changes to the Uniform Child Custody Jurisdiction and Enforcement Act (Fam C §§3400–3465) to protect and support access to gender-affirming health care for children.
These amendments include:
Prohibition of enforcement of laws from other states that allow state agencies to remove a child from their parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care or mental health care.
Preventing courts from considering a case as an inconvenient forum if the law or policy of another state that may take jurisdiction limits a parent's ability to obtain gender-affirming health care or mental health care when the provision of such care is at issue in the case.
Authorizing courts to take temporary jurisdiction when a child has been unable to obtain gender-affirming health care.
Prohibiting courts from considering the taking or retention of a child from a person with legal custody if the reason for taking or retention is obtaining gender-affirming health care or mental health care.
These amendments aim to safeguard the rights of children and their parents or guardians to access gender-affirming health care without fear of legal repercussions or custody disputes. The changes highlight the importance of recognizing and respecting the diverse needs of children and families when it comes to health care decisions, particularly in the context of child custody cases.