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:
ยง 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
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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,
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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.
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