A few custody related laws are changing starting 1/1/23. Some statutes are amended and some new ones are added. They all pertain to minors who want to seek gender-affirming treatment or mental healthcare.

Some states, such as Alabama, will prosecute and impose sentence of up to 10 years in prison for any parent or physician for allowing or providing gender affirming care to Trans kids. Texas too will prosecute and may remove your kids from your care and put them in foster care. California enacted these new laws which provide that California Courts can exercise Emergency Jurisdiction over custody cases when a child is brought into this state to receive gender-affirming care. To that end, California will not honor any custody order from another State and will not enforce any arrest warrant issued for the parent or the legal guardian who brought the minor to California for the purpose of seeking gender-affirming care.

Furthermore, the new law will prohibit any medical provider from releasing any information about gender-affirming treatment. An out of state Subpoena will not be honored in California and no California attorney is permitted to issue a subpoena.

The new laws added are:

Family Code §3453.5. [California will not honor an out-of-state custody order based on a child receiving gender-affirming treatment.]

Civil Code §56.109. [Prohibits the release of information about gender-affirming treatment.]

Penal Code §819. [California agencies shall not participate in the arrest or extradition of an individual pursuant to an out-of-state arrest warrant for violation of another state’s law against gender-affirming treatment.]

The former laws amended are: Family Code §§3421, 3424. Penal Code §1326. Code of Civil Procedure §2029.300, 2029.350.

To know more, read SB107

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