Text of PA HB 2157 (2024)

PRINTER'S NO. 2781 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 2157 Session of 2024 INTRODUCED BY LEADBETER, D'ORSIE, KAUFFMAN, HAMM, M. MACKENZIE, ROWE, T. JONES, BERNSTINE, SCIALABBA, CABELL, JOZWIAK, KEEFER AND BANTA, MARCH 25, 2024 REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 2024 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child custody, providing for gender identification. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Title 23 of the Pennsylvania Consolidated Statutes is amended by adding a section to read: § 5329.2. Gender identification. (a) Nonconsideration of certain factors.--If a party seeks any form of custody of a child, the court, in determining the best interest of the child, may not consider the refusal of the party to: (1) use the preferred pronouns of the child; or (2) consent to gender affirmation treatment, gender transition, genital gender reassignment surgery or nongenital gender reassignment surgery. (b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 subsection unless the context clearly indicates otherwise: "Biological sex." The biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen or subjective experience of gender. "Gender." The psychological, behavioral, social and cultural aspects of being male or female. "Gender affirmation treatment." Includes any medical service that seeks to surgically or chemically alter or remove healthy physical or anatomical characteristics or features of an individual that are typical for the individual's biological sex, in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including genital gender reassignment surgery or nongenital gender reassignment surgery performed for the purpose of assisting the individual with a gender transition. "Gender transition." The process in which an individual goes from identifying with and living as a gender that corresponds to the biological sex of the individual to identifying with and living as a gender different from the biological sex of the individual. The term may involve social, legal or physical changes. "Genital gender reassignment surgery." A medical procedure performed for the purpose of assisting an individual with a gender transition, including any of the following: (1) A surgical procedure such as: (i) penectomy, orchiectomy, vaginoplasty, 20240HB2157PN2781 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 clitoroplasty or vulvoplasty for biologically male patients; or (ii) hysterectomy or ovariectomy for biologically female patients. (2) Reconstruction of the fixed part of the urethra with or without a metoidioplasty. (3) Phalloplasty, vaginectomy, scrotoplasty or implantation of erection or testicular prostheses for biologically female patients. "Nongenital gender reassignment surgery." A medical procedure performed for the purpose of assisting an individual with a gender transition, including any of the following: (1) A surgical procedure for a biologically male patient, such as augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation, hair reconstruction or various aesthetic procedures. (2) A surgical procedure for a biologically female patient, such as subcutaneous mastectomy, voice surgery, liposuction, lipofilling, pectoral implants or various aesthetic procedures. Section 2. This act shall take effect in 60 days. 20240HB2157PN2781 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22