July 27, 2022

In our ever-changing society, transgender children are becoming more and more common. During a child’s lifetime, there comes a point in time when they will need and/or want to make a decision whether to undergo certain elective medical procedures to either partially or completely transition themselves physically, into the sex they feel connected with. Apart from the utter importance of making this initial decision(s), is the financial component involved in signing up for these costly procedures. Specifically, undergoing one or multiple transgender procedures can cost a person thousands upon thousands of dollars, which health insurance likely will not/does not cover as these procedures fall under the “elective procedure” category.

Under New York Domestic Relations Law(s), both parents are responsible for their pro-rata financial share of any and all uncovered and/or unreimbursed medical expenses incurred by their child/children until the age of 21. The statute requires parents use in-network medical providers, unless under emergency circumstances.

However, the New York laws do not provide for either parent’s financial obligation towards a child’s elective surgery/medical procedure for any purposes, whatsoever. Indeed, while a child and/or adult-child may wish to undergo certain elective surgical procedures for a variety of reasons, the particular area of transgender elective procedures, is uncharted territory to date under New York’s Domestic Relation Law(s). In some ways, such a procedure or series of procedures may be deemed necessary in regards to a child’s mental health. As such, the question then becomes whether or not a parent may be permitted to deny their child and/or adult-child, the financial support necessary towards

such a life-changing and vital medical procedure, especially when such procedure(s) are not covered under the child’s current health insurance plan.

This question becomes even more murky, when one or both parents do not agree with their child’s decision to become transgender. In those instances, it is arguably even more unlikely that a parent or both parents, will voluntarily financially contribute to their child’s elective procedure(s), and/or feel that the law should obligate them to be financially responsible to any extent of a procedure they disapprove of.

Moreover, without further guidance on this specific issue under the law, parents are forced to battle both inside and outside of Court regarding whether or not one or both parents will voluntarily agree to be financially responsible for this add-on expense.

For more on this subject, read the following linked article, Child Custody’s Gender Gauntlet, courtesy of Abigail Shrier, City-Journal.org.