FACT CHECK: Would A California Bill Strip Custody From Parents Who Refuse Gender Affirming Care?

Anna Mock | Fact Check Reporter

A post shared on Instagram claims a California bill would remove children from their parents’ custody if they are refused gender-affirming care. 


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A post shared by Grayman Briefing (@graymanbrief)

Verdict: False

There is no evidence for this claim. The bill’s text does not mention revoking custody from parents.

Fact Check: 

A transgender lawmaker recently stated that lawmakers would have “blood on their hands” for passing a bill that would ban minors from accessing gender-affirming health care, according to The Hill. House Speaker Matt Regier refused to allow her to speak on bills until she apologized for the comment, AP News reported.

The Instagram post purports parents who refuse children gender affirming healthcare would lose custody. The post shares a graphic with the alleged bill with a rainbow overlay. “GOVERNMENT OVERSIGHT BRIEF,” text on the image reads. “CA bill seeks to remove custody from parents and provide ‘gender affirming’ therapy to children without parental consent.”

There is no evidence for this claim. The bill referenced in the post, Assembly Bill 665, allows minors at least 12 years of age to consent to outpatient mental health services or residential shelter services “if the minor is mature enough to participate intelligently.” The bill does not mention revoking custody from parents, nor does it mention gender-affirming care or transgender persons.

There are no credible news reports about such a bill from California. (RELATED: Did A Transgender MMA Fighter Fracture Her Opponent’s Skull?)

A bill was signed in September 2022 by Democratic California Gov. Gavin Newsom that would protect transgender minors and their families if they leave states restricting gender-affirming care, according to NBC News. The move came after more than a dozen states moved to restrict or outright ban such care, The Hill reported.

Check Your Fact reached out to the bill’s sponsor for comment and will update this piece accordingly if one is received. 

This is not the first time a bill regarding transgender people or gender-affirming care has been misinterpreted online. Check Your Fact recently debunked a claim suggesting a Kansas House bill would authorize “genital inspections” of children for sports.

Anna Mock

Fact Check Reporter


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