Affirmation of gender would become one factor among others in granting child custody as part of concerns for a child’s health, safety, and welfare. Other factors include parental abuse and the amount of contact a child has with his or her parents, the Associated Press reported.
Assemblymember Lori Wilson, a Democrat who introduced the bill, said gender affirmation could mean letting a child play with toys associated with his or her gender identity, getting nails painted, or wearing his or her hair at a desired length.
There are no specific requirements regarding purported gender-affirming surgeries, which minors can undergo in California only with parental consent.
California law already bars custody courts from considering a parent, legal guardian, or relative’s sex, gender identity, gender expression, or sexual orientation when determining the best interests of a child.
The California Catholic Conference opposed the bill.
“We strongly support parents affirming the goodness of their children and compassionately caring for children with gender dysphoria,” the conference said in a legislative report on its website. “Our concern is that this bill places a thumb on the scale for custody against loving, protective parents that lacks sufficient data to be warranted.”
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