Family

Hochul must veto New York’s ‘gestating parent’ bill

New York’s bill has passed both chambers and returned to the Assembly; Hochul’s spokesperson says the governor will review it, but offers no veto commitment.

Official presidential portrait (White House), Public domain

At a rally in Syracuse, President Donald Trump mocked New York Democrats’ bill to replace “mother” and “father” with “gestating parent” and “non-gestating parent.”1

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:::x https://x.com/theblaze/status/2108731126743495030 It's, hi gestating. Hi gestating. I love you so much, gestating.”.” For parents, this is a fight over whether New York law will name mothers and fathers plainly.

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The New York Post reports that the line landed with laughter from the several thousand supporters in attendance. Trump also put the governor's name on the bill, telling the crowd, according to the Post, that Kathy Hochul supports "a bill that would change the terms of mother and father to gestating and non-gestating parents1."

The rally was Friday, Oct. 9, in Syracuse, and the New York Post reports that Trump used it to ridicule Albany Democrats for passing legislation to remove “mother” and “father” from some state laws. Trump packed the bill into a three-part charge against the governor, saying in the Post's account: “Kathy Hochul supports transgender mutilation of your children. She supports men in women’s sports.”1

The bill is A.8382-A, matched to Senate bill S.9316; the Assembly record names Assemblymember Amy Paulin as sponsor and Weprin as cosponsor2.

The Assembly record shows the changes reach the Family Court Act, Domestic Relations Law, Social Services Law and other statutes. The Assembly passed it March 19, 2026, and the Senate passed it June 2 before returning it to the Assembly; the official record does not show it delivered to Hochul2.

Sen. Luis Sepúlveda and Assemblymember Paulin sponsored the bill. Tully Rinckey reports that the Assembly passed it 91-46. It reports that the Senate passed it 38-23. If Hochul signs it, Tully Rinckey reports, it takes effect November 13. The family is prior to government, and a state that rewrites a father as “non-gestating” in its own statutes has put itself above the household it is supposed to serve.

It repeals Family Court Act §562 and amends statutes as far afield as the Vehicle and Traffic Law, the Alcoholic Beverage Control Law and the Education Law2. Tully Rinckey reports the text turns "paternity" and "filiation" into "parentage," "mother" into "gestating parent," and "father" into "non-gestating parent3."

  1. March 19, 2026Assembly passed the bill
  2. June 16Blakeman’s campaign email criticized Hochul’s New York over the family-law terms
91-46
Assembly vote
38-23
Senate vote
11 points
Blakeman’s reported Marist deficit

Trump has turned the terminology fight into a contrast with Gov. Kathy Hochul, urging rallygoers to elect Republican Bruce Blakeman and “throw out” Hochul. Blakeman, the Republican nominee, also attacked the bill at the rally, saying Albany was taking decisions from parents and denigrating moms and dads1.

The New York Post reported that Blakeman trailed Hochul by 11 points in a Marist poll released Wednesday, while a Siena survey the prior month put him within single digits1. That race context gives the bill political force: New York voters are hearing a clear dispute over who gets to define family in state law, and the governor is being pressed to answer for her Legislature’s choice.

Blakeman was on this ground before Syracuse: in a June 16 campaign email he wrote that "Hochul’s New York is focused on erasing moms and dads from the law books." In 2025 he joined Senate Republicans to push legislation banning transgender athletes from school sports. Senate Republican Leader Rob Ortt called the bill an out-of-touch distraction on the day it passed3. For New York parents, that is the contest: who writes the definition of mother and father, Albany or the family.

Hochul’s spokesperson said the governor believes mothers are mothers and fathers are fathers, and that legislation cannot change that. The spokesperson also said Hochul would review the measure, described it as addressing technical legal issues related to surrogacy and parentage, and accused critics of bad-faith arguments1.

But a technical purpose does not erase the statutory choices the bill makes: the Assembly’s own summary says it replaces mother and father with gender-neutral language2. Parents can reasonably ask why the bill replaces those terms in family-law statutes.

Hochul should commit now to vetoing A.8382-A/S.9316 if it reaches her desk. Her spokesperson says the governor will review the legislation, while the Assembly record shows it passed both chambers and was returned to the Assembly—not delivered to the governor2.

New York parents should ask Hochul before Nov. 3 whether she will veto a bill that writes “gestating parent” and “non-gestating parent” into family law3. A direct answer is the minimum families should expect from the governor whose signature could put those terms into state statutes.

Sources

  1. Trump mocks New York for switching 'mother' for 'gestating parent' in state law during Syracuse rally
  2. Bill Search and Legislative Information | New York State Assembly
  3. NY legislature passes bill replacing ‘mother’ and ‘father’ with ‘gestating parent’ and ‘non-gestating parent’ - Tully Rinckey PLLC

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