Full faith and credit for child custody determinations

Section 1738A of title 28, United States Code, is amended— (1) in subsection (a), by striking subsections (f), (g), and (h) and inserting subsections (g) through (j); (2) in subsection (b)— (A) by redesignating paragraphs (8) and (9) as paragraphs (17) and (18), respectively; (B) by redesignating paragraphs (5), (6), and (7) as paragraphs (11), (12), and (13), respectively; (C) by redesignating paragraph (4) as paragraph (9); (D) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; (E) by inserting before paragraph (3), as so redesignated, the following: (1) abuse, neglect, mistreatment, abandonment, endangerment, parental unfitness or incapacity, and any other similar claim relating to the health, safety, or welfare of the child, however characterized under the law of the State asserting jurisdiction shall not be construed to include affirming a child’s sex; (2) affirming a child’s sex — (A) means referring to and raising a child, or intending to refer to or raise a child, in accordance with his or her sex, including refusing to consent to sex-rejecting interventions for the child; and (B) shall not be construed as contrary to the best interest of the child or contrary to the child’s safety, health, well-being, or welfare;; (F) by inserting after paragraph (5), as so redesignated, the following: (6) disorder of sex development — (A) means a congenital condition involving atypical chromosome complement or structure or atypical development of sex chromosomes, gonads, internal genital ducts, or external genitalia, including disorders of sex hormone synthesis or action; and (B) does not include psychological or behavioral conditions or typical male or female sex development with distress regarding sexed anatomy; (7) female means an individual who naturally has, had, will have, or would have but for a disorder of sex development or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes the large gamete (commonly known as ova) for fertilization; (8) foreign State means a State that is not the home State;; (G) by inserting after paragraph (9), as so redesignated, the following: (10) male means an individual who naturally has, had, will have, or would have but for a disorder of sex development or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes the small gamete (commonly known as sperm) for fertilization;; (H) by inserting after paragraph (13), as so redesignated, the following: (14) sex means a child’s immutable biological sex, either male or female; (15) sex-rejecting intervention — (A) means a psychological, medical, or surgical intervention that is intended to promote, endorse, or enable a child’s rejection of his or her sex, to promote, endorse, or enable a child to adopt an appearance that does not align with his or her sex, or to intentionally change the body of a child, including the child’s external appearance or biological functions, to no longer correspond to his or her sex, including— (i) intentionally delaying, halting, or disrupting the natural development of the child’s body, including the onset or progression of puberty, so that it does not develop or halts developing to correspond to the child’s sex, including the use of puberty blocking drugs, such as gonadotropin releasing hormone agonists; (ii) prescribing, administering, or dispensing to the child androgen blockers or sex hormones such as estrogen, progesterone, or testosterone; (iii) prescribing or performing any surgical procedure that attempts to transform the physical appearance or that attempts to alter or remove the tissues, cavities, bone, cartilage, or organs of a child; (iv) using pronouns or titles that do not align with the child’s sex; (v) providing compression materials or garments that are designed to constrict female breasts or that flatten or tuck a male’s genitals, prosthetic breasts, genitals, or hips, or any other materials that enable a child to conceal his or her sex or to simulate the physical characteristics of the opposite sex; and (vi) permitting or assigning a child who is not less than 4 years of age to— (I) use sleeping quarters, bathrooms, locker rooms, changing rooms, or other areas in which a child may be in a state of undress that are designated for individuals of the opposite sex; or (II) participate in sex-separated activities designated for individuals of the opposite sex; (B) shall not be construed to include the treatment of a disorder of sex development; and (C) shall not be construed to include emergency medical care for a child, unless the medical care is for the treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of an intervention described in subparagraph (A); (16) sex-rejecting intervention kidnapping law means a State law that permits a foreign State to take temporary or permanent jurisdiction over a child custody or visitation determination because a contestant or a child is seeking a sex-rejecting intervention or a custodial parent is affirming the child’s sex;; (3) in subsection (c)(2)— (A) in subparagraph (A), by inserting with the permission of each custodial parent after had been the child’s home State; (B) in subparagraph (B), by striking training and inserting education; and (C) in subparagraph (E), by striking subsection (d) and inserting subsections (d) and (e); (4) by redesignating subsection (g) as subsection (j) and transferring such subsection, as so redesignated, so as to appear after subsection (h); (5) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; (6) by inserting before subsection (e), as so redesignated, the following: (d) (1) Notwithstanding any other provision of this section, a court of a State shall not exercise jurisdiction to make a custody or visitation determination if— (A) (i) the assumption of jurisdiction is based on a contestant or a child seeking a sex-rejecting intervention for the child; and (ii) sex-rejecting interventions are available in such State; or (B) the assumption of jurisdiction is based on a claim that a child has been subjected to or threatened with abuse, neglect, mistreatment, abandonment, endangerment, parental unfitness or incapacity, or any other similar claim relating to the health, safety, or welfare of the child, however characterized under the law of the State asserting jurisdiction, if such claim is based on a contestant or a child seeking a sex-rejecting intervention for the child available in the State. (2) For purposes of subparagraph (B) of paragraph (1)— (A) notwithstanding the laws of the home State or the applicable foreign State— (i) abuse, neglect, mistreatment, abandonment, endangerment, parental unfitness or incapacity, or any other similar claim relating to the health, safety, or welfare of the child, however characterized under the law of the State asserting jurisdiction, shall not include the refusal of a child’s parent or legal guardian to consent to or provide a sex-rejecting intervention; and (ii) the refusal of a child’s parent or legal guardian to consent to a sex-rejecting intervention shall not be construed as creating an unsafe environment for a child; and (B) a court shall not determine that a court of another State is a more appropriate forum for custody or visitation determinations if a contestant or a child is seeking sex rejecting interventions and those sex rejecting interventions are not available in the State of the court making the jurisdictional determination. (3) A custody or visitation determination made in violation of subparagraph (A) or (B) of paragraph (1) is not entitled to full faith and credit, enforcement, or recognition under this section by any court and shall not be given effect as a custody or visitation determination for purposes of subsections (a), (e), and (g) through (j). Any State law that purports to authorize the exercise of jurisdiction over a custody or visitation determination on a basis prohibited by subparagraph (A) or (B) of paragraph (1) is preempted and without effect.; (7) in subsection (e), as so redesignated, by striking the requirement of subsection (c)(1) and inserting the requirements of subsections (c) and (d); (8) in paragraph (1) of subsection (g), as so redesignated, by inserting, unless a claim to such jurisdiction arises out of, or is related to, such State’s sex-rejecting intervention kidnapping laws after determination; and (9) by inserting after subsection (h) the following: (i) No court of a State with a prohibition against a sex-rejecting intervention for children shall decline to exercise jurisdiction or be determined to have declined jurisdiction to determine a modification of custody or visitation under subsection (g) or (h) if the child has been provided or is seeking a sex-rejecting intervention in another State..