This bill, known as the Chloe Cole Act of 2026, creates a federal private right of action for individuals who, as children, were subjected to specific medical interventions, and for their parents or legal guardians. The core purpose is to allow lawsuits against healthcare professionals, hospitals, or clinics that participated in these "covered interventions" which are defined as treatments intended to intentionally delay, halt, or disrupt a child's natural development or change their body to no longer correspond to their biological sex. Covered interventions explicitly include the use of puberty blockers, sex hormones, and surgical procedures that attempt to transform an individual's physical appearance or alter sexual organs. However, the bill provides clear exclusions for medically necessary procedures to treat verifiable disorders of sexual development, treatments for issues caused by prior interventions, or interventions for diagnosed conditions like traumatic injuries or congenital anomalies. The definition of "sex" is specified as an immutable biological classification determined at conception. Under this Act, plaintiffs can seek various damages, including compensatory damages for undoing or ameliorating the effects of the intervention, non-economic damages for emotional distress, and punitive damages if malicious or reckless conduct is proven. For interventions occurring after the bill's enactment, strict liability applies, with the defendant bearing the burden of proof for any claimed exceptions. The bill also outlines several circumstances, primarily related to interstate commerce, that establish federal jurisdiction for these civil actions. The statute of limitations for bringing such a claim is notably extended, allowing actions up to 25 years from the individual's 18th birthday or 4 years from the time detransition treatment costs are incurred, whichever is later. The bill also specifies that liability cannot be waived, ambiguities will be resolved against the defendant, and while it allows for providing medical information, it prohibits participation in the defined covered interventions.
This bill, known as the Chloe Cole Act of 2026, creates a federal private right of action for individuals who, as children, were subjected to specific medical interventions, and for their parents or legal guardians. The core purpose is to allow lawsuits against healthcare professionals, hospitals, or clinics that participated in these "covered interventions" which are defined as treatments intended to intentionally delay, halt, or disrupt a child's natural development or change their body to no longer correspond to their biological sex. Covered interventions explicitly include the use of puberty blockers, sex hormones, and surgical procedures that attempt to transform an individual's physical appearance or alter sexual organs. However, the bill provides clear exclusions for medically necessary procedures to treat verifiable disorders of sexual development, treatments for issues caused by prior interventions, or interventions for diagnosed conditions like traumatic injuries or congenital anomalies. The definition of "sex" is specified as an immutable biological classification determined at conception. Under this Act, plaintiffs can seek various damages, including compensatory damages for undoing or ameliorating the effects of the intervention, non-economic damages for emotional distress, and punitive damages if malicious or reckless conduct is proven. For interventions occurring after the bill's enactment, strict liability applies, with the defendant bearing the burden of proof for any claimed exceptions. The bill also outlines several circumstances, primarily related to interstate commerce, that establish federal jurisdiction for these civil actions. The statute of limitations for bringing such a claim is notably extended, allowing actions up to 25 years from the individual's 18th birthday or 4 years from the time detransition treatment costs are incurred, whichever is later. The bill also specifies that liability cannot be waived, ambiguities will be resolved against the defendant, and while it allows for providing medical information, it prohibits participation in the defined covered interventions.