HB1210: HB1210 Courts; protections for children who adopt an identity that differs from their sex; provide

This bill addresses how Georgia's child welfare and court systems treat parents who raise their children consistent with their biological sex rather than a differing gender identity. It adds new sections to the dependency (child custody) code, the child abuse code, and social services law stating that a parent's 'affirming' actions, such as using a child's legal name and sex-consistent pronouns or declining consent to medical treatments that would alter secondary sex characteristics, cannot be treated as abuse, neglect, or grounds for losing custody. The bill also lets foster and adoptive parents, kinship caregivers, and other contracted providers refuse to deny a child's biological sex if doing so conflicts with their religious or sincerely held beliefs, and requires the Department of Human Services and Department of Juvenile Justice to certify annually that they have no policy forcing providers to act against those beliefs. It requires state child placement decisions to be based solely on a child's biological sex, and bars state employees, contractors, and volunteers from encouraging children to adopt a different gender identity or from hiding such a request from parents. It includes a severability clause and repeals conflicting laws.

• Creates a new Code section (O.C.G.A. § 15-11-114) saying a parent's actions affirming a child's biological sex cannot be treated as abuse, neglect, or grounds for a dependency finding in custody cases.
• Adds O.C.G.A. § 19-15-8, defining 'affirming' and 'sex' and barring child protective services or courts from using a parent's sex-affirming actions to start investigations, remove children, or block their return to a parent.
• Creates O.C.G.A. § 49-1-9, letting foster parents, adoptive parents, and other contracted care providers decline actions that conflict with their religious or sincerely held beliefs regarding a child's sex, and requiring annual state certification of this.
• Adds O.C.G.A. § 49-5-8.2, requiring the Department of Human Services to base child placement decisions solely on a child's biological sex.
• Creates O.C.G.A. § 50-1-15, prohibiting state employees, contractors, and volunteers from encouraging children to adopt a different gender identity or from concealing such requests from parents while acting in an official state capacity.
• Bars the state from contracting with or training through any entity that characterizes sex-affirming parenting as abuse or promotes medical interventions to align a child's body with a different gender identity.

The bill affects parents and legal guardians involved in custody or dependency proceedings, children in the state foster care system, foster and adoptive parents and kinship caregivers, the Department of Human Services and Department of Juvenile Justice, judges and court personnel, child protective services workers, and state contractors and volunteers.

The bill would change how Georgia courts and caseworkers evaluate parents who choose not to support a child's transgender identity, protecting them from losing custody or facing abuse findings on that basis, while also limiting foster placements, state contracts, and state employees from affirming a child's gender identity that differs from their biological sex.

• Section 1 adds O.C.G.A. § 15-11-114 stating parents have a fundamental right to affirm their child's sex and that doing so cannot be grounds for a dependency or custody finding against them.
• Section 2 adds O.C.G.A. § 19-15-8 with detailed definitions of 'affirming' and 'sex' and lists protections shielding parents from investigation, removal, or loss of custody for affirming a child's biological sex, and bars courts from forcing consent to interventions altering secondary sex characteristics.
• Section 3 adds O.C.G.A. § 49-1-9 allowing foster, adoptive, and kinship care providers to decline actions contrary to their religious or sincerely held beliefs regarding a child's sex, with annual certification by two state departments.
• Section 4 adds O.C.G.A. § 49-5-8.2 requiring the Department of Human Services to base all child placement decisions solely on a child's biological sex.
• Section 5 adds O.C.G.A. § 50-1-15 restricting state employees, contractors, and volunteers from encouraging children to adopt a differing gender identity or hiding such requests from parents, and bars state contracts or training promoting sex-affirming medical interventions for minors.
• Section 6 contains a severability clause preserving the rest of the Act if any part is struck down in court.
• Section 7 repeals all conflicting laws.

1. 2026-02-09House Second Readers (House)
2. 2026-02-06House First Readers (House)
3. 2026-02-05House Hopper (House)

• Noelle Kahaian (R, HD-081)Primary sponsor
• Charlice Byrd (R, HD-020)
• Emory Dunahoo (R, HD-031)
• Dale Washburn (R, HD-144)
• Josh Bonner (R, HD-073)

• parental rights
• transgender youth policy
• child custody law
• foster care
• child welfare