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Social media posts claim a bill passed by the California state legislature allows authorities to do this withdraw custody if a parent does not confirm their child’s gender identity. This is wrong; Legal experts say the measure does not mandate deportation but adds parental consent to the many factors a judge should consider in a custody battle.
“Breaking: The California Senate passed #AB957, the most dangerous law California parents have faced in decades, requiring parents to “certify” the “gender transition” of every child – regardless of age, gender, family and at any time. “Social or medical transition, no boundaries – otherwise you lose custody,” says an X post from September 6, 2023. “Parents who do not follow the religion are considered UNSAFE,” it continues.
“This bill would change family law and force a judge to revoke custody of a parent who does not confirm their child’s gender identity during a custody battle,” Denise Aguilar said in a post on TikTok. Aguilar is co-founder of a group called Freedom Angels. The group, previously reviewed by AFP, is best known in California for its opposition to state-mandated vaccinations.
Screenshot of an X post from September 18, 2023 
Screenshot of an X post from September 18, 2023
Similar claims can be found in online articles and on social media platforms such as Instagram and Facebook.
On
Screenshot of an X post from September 19, 2023
California Assembly Bill 957 (archived here) passed and was registered on September 8, sending the measure to the governor. If signed into law, Family Code Section 3011 will be amended to require a parent’s acceptance of the child’s gender identity to be taken into account when determining custody and visitation rights.
The bill was introduced by state Assembly member Lori Wilson, the mother of a transgender child. She told local news that her law is about ensuring gender diverse children are represented in family courts. AFP reached out to Wilson’s office but there was no response.
Legal experts say the bill does not revoke custody or removal of minors based solely on confirming a child’s gender, despite narratives circulating on social media.
Scott Altman, a family law professor at the University of Southern California, called the claims “alarmistic” in an article. September 19th Telephone interview with AFP.
“This bill resolves disputes between two legal parents,” he said, explaining that confirmation of a child’s gender identity is among the many criteria judges must consider when deciding what placement is best for the child. “Nothing in this bill suggests that these concerns are minimized or subordinated to the affirmation of a child’s gender identity,” Altman said.
It also doesn’t mean that the “state would step in and remove a child from your home and place them in foster care or take away your parental rights,” he said.
Margaret Russell, an associate professor of law at Santa Clara University, agreed. “The critics’ claims are false and incite fear,” she told AFP in an email.
“The language of AB 957 makes clear that judges may consider a parent’s acceptance or non-acceptance of a child’s chosen gender identity as a factor in custody decisions.”
An analysis of the Assembly Hall (archived here) also shows that the bill does not force a decision based solely on acceptance of gender identity. The bill “does not necessarily require the court to side with the parent confirming a child’s gender identity. Existing law requires the court to consider multiple factors that prioritize the health, safety and welfare of the child.”
AFP has debunked more misinformation about laws supporting transgender youth in California and Washington state.
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