Rep. Mary Miller (R-IL) introduced a bill aimed at preventing states from removing children from fit parents due to disagreements over gender identity. The proposed legislation, known as the Yaeli Martinez Child Protection Act, would prohibit federally funded state child-welfare agencies from taking children solely because their parents choose to raise them according to their biological sex or oppose gender-transition procedures. Additionally, it would prevent the denial of foster or adoptive placements based on prospective parents' intention to raise a child according to the child's biological sex.
Miller stated, "Raising your son as a boy or your daughter as a girl is fundamental to parenthood, not child abuse," in a press release regarding the bill. She added that the act aims to defend the constitutional rights of parents and prevent bureaucratic interference in family matters.
The legislation is named after Yaeli Martinez, a California teenager who was separated from her mother amid a dispute over her gender identity and later died by suicide in 2019 at age 19, according to Miller’s office.
The bill addresses various aspects of the child-welfare process, including allegations of abuse and custody decisions. It specifies that a parent's choice to raise a child according to their biological sex cannot, by itself, be deemed child abuse. Furthermore, state child-welfare systems that receive federal funding would be barred from removing children from fit parents solely for this reason.
The proposed protections would extend to foster and adoptive families, preventing agencies from rejecting placements based solely on a family's affirmation of a child's biological sex. The bill seeks to amend the Child Abuse Prevention and Treatment Act and several provisions of the Social Security Act, ensuring protections for parents who decline social, medical, or surgical gender-transition interventions for their children.
Miller's announcement also includes proposed changes to the Parental Kidnapping Prevention Act to prevent states from improperly asserting custody in related disputes. The legislation would link compliance to federal funding and allow individuals whose rights are violated to file lawsuits against violations of the act.