GENDER IDENTITY & CHILD CUSTODY

HB 559 prohibits New Mexico courts from considering a parent's gender affirmation of their child's gender identity or a parent's decision regarding gender-affirming care when making child custody decisions. The bill specifically bans courts from treating a parent's refusal to provide gender-affirming health care (like hormone therapy or counseling) as harmful to the child, abusive, or evidence of inadequate parenting. It directly affects parents and judges in custody cases involving minors whose gender identity differs from their sex assigned at birth. The law amends existing custody standards to exclude these factors, defining key terms like "gender affirmation" and "gender-affirming health care" in the process. The bill was introduced in 2025 but was postponed indefinitely in June 2025.