NY State Assembly Bill 2009-A8498

Assembly Bill A8498

Signed By Governor

2009-2010 Legislative Session

Relates to persons who may register for the adoption information registry; repealer

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 15, 2010	signed chap.181
Jul 08, 2010	delivered to governor
Jun 10, 2010	returned to assembly passed senate
May 04, 2010	3rd reading cal.437 substituted for s3255a
Mar 10, 2010	referred to health delivered to senate passed assembly
Jan 06, 2010	ordered to third reading cal.593 returned to assembly died in senate
Jun 22, 2009	referred to rules delivered to senate passed assembly ordered to third reading rules cal.607 rules report cal.607 reported reported referred to rules
Jun 18, 2009	print number 8498a
Jun 18, 2009	amend and recommit to codes reported referred to codes
May 21, 2009	referred to health

Votes

- Jun 10, 2010 - Floor Vote
  A8498
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan

Bill Amendments

Original

A (Active)

2009-A8498 - Details

Law Section:: Public Health Law
Laws Affected:: Amd §§4138-b, 4138-c & 4138-d, rpld & add §4138-a, rpld §4138-c sub 9, §4138-d sub 9, Pub Health L

2009-A8498 - Summary

Relates to persons who may register for the adoption information registry; relates to birth certificates of adopted children.

2009-A8498 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8498

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced  by  M.  of  A. GOTTFRIED -- (at request of the Department of
  Health) -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to birth certificates
  for children born in  foreign  countries;  and  registration  for  the
  adoption  information  registry;  and  repealing certain provisions of
  such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 4138-b of the public health law, as added by chap-
ter 329 of the laws of 2008, is amended to read as follows:
  S 4138-b. Birth certificate: foreign country  adoption.  Whenever  the
adoption  or  finalization  of  a  foreign  adoption or recognition of a
foreign adoption of a child UNDER THE AGE OF EIGHTEEN  AT  THE  TIME  OF
ADOPTION  pursuant  to  section  one  hundred  eleven-c  of the domestic
relations law has been reported to the [local  registrar]  COMMISSIONER,
the  [registrar] COMMISSIONER shall [issue] FILE a birth certificate for
the child PROVIDED THERE IS NO OTHER BIRTH CERTIFICATE  OR  OTHER  BIRTH
RECORD  ON  FILE OTHER THAN IN THE COUNTRY WHERE SUCH CHILD WAS BORN AND
PROVIDED, FURTHER, THAT A CERTIFICATE OF BIRTH DATA DOES NOT  EXIST  FOR
THAT  PERSON.  Such  birth  certificate shall be [issued and] filed upon
receipt of: proof that the adoptive parent [or child is] WAS a  resident
of  this state AT THE TIME OF ADOPTION; a copy of the adoption documents
of the jurisdiction or country in which the child was adopted; a  certi-
fied translation of the foreign adoption documents, evidence of the date
and  place  of  the  child's  birth; and evidence of IR-3 immigrant visa
status, or a successor immigrant  visa  status.  The  birth  certificate
shall include the child's name, sex, date of birth, time of birth, place
of  birth,  mother's maiden name, and father's name.  IF A BIRTH CERTIF-
ICATE HAS BEEN ISSUED PURSUANT TO THE  PROVISIONS  OF  THIS  SECTION,  A
CERTIFICATE OF BIRTH DATA MAY NOT BE ISSUED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07530-08-9

A. 8498                             2

  S 2. Subdivisions 2, 4, 5 and 6 of section 4138-c of the public health
law, subdivision 2 as amended by chapter 435 of the laws of 2008, subdi-
vision  4  as  amended by chapter 588 of the laws of 1999, and paragraph
(a) of subdivision 4 and subdivisions 5 and 6 as amended by chapter  469
of the laws of 2007, are amended to read as follows:
  2.  The  registry shall accept, at any time, and maintain the verified
registration transmitted by an  agency  pursuant  to  section  forty-one
hundred  thirty-eight-d of this [article] TITLE, or of the birth parents
of an adoptee if such adoptee was born in this state. The registry shall
not accept nor maintain the registration of an adoptee sooner than eigh-
teen years after the adoptee's birth, or in the case of registration  by
a  biological  sibling of an adoptee, no sooner than the longer of eigh-
teen years after the biological sibling's birth or eighteen years  after
the  adoptee's birth; provided, however, that any person whose registra-
tion was accepted may withdraw such registration prior to the release of
any identifying information. The adoptee registrant, and the  biological
sibling  registrant, shall include as part of the registration the iden-
tification, including the name and address, of known biological siblings
of the adoptee. The adoptee may upon registration or any time thereafter
elect not to have  release  of  information  by  the  authorized  agency
involved  in such adoption. The department shall establish an authorized
agency fee schedule for search costs and  registry  costs  and  services
provided by such agency in gathering and forwarding information pursuant
to this section. The fee schedule may also include costs for disseminat-
ing  information about the registry and the adoption medical information
sub-registry to the public. Such publications or brochures  may  include
information  as  to  identifying and non-identifying information, how to
register and fees charged to the registrants, and any other  information
deemed appropriate.
  4.  Upon acceptance of a registration [by an adoptee or by the biolog-
ical sibling of an adoptee] pursuant to  this  section,  the  department
shall  search  the  records  of  the department to determine whether the
adoptee's adoption occurred within the state.
  (a) If the department determines that the adoption occurred within the
state, it shall notify the court wherein the adoption occurred to submit
to the department non-identifying information as may be contained in the
records of the court and the names of the birth parents of the  adoptee.
Notwithstanding  any  other  provision of law to the contrary, the court
shall thereupon transmit to the department  non-identifying  information
as  may  be  contained in the records of the court, and the names of the
birth parents of the adoptee, provided that,  if  the  court  determines
from  its  records  that the adoption was from an authorized agency, the
court shall submit to the department only the name and address  of  such
authorized  agency and the names of the birth parents of the adoptee. In
such cases, unless the adoptee registrant  [or  the  biological  sibling
registrant]  shall  have  elected otherwise, the department shall notify
the authorized agency whose name was provided by the  court  to  release
promptly to the adoptee [or biological sibling registrant] all non-iden-
tifying  information  as  may  be contained in the agency records.  Such
agency shall thereafter promptly release the non-identifying information
to the adoptee registrant. If the adoptee registrant shall have  elected
not  to  have  the  information released to him or her by the authorized
agency, the agency shall submit promptly to the department all non-iden-
tifying information as may be contained in the agency  records.  In  any
case  where  the  agency  records are incomplete, no longer exist or are
otherwise unavailable, the department shall so  notify  the  court.  The

A. 8498                             3

court  shall  thereupon promptly submit such non-identifying information
as may be contained in  their  records.  If  no  authorized  agency  was
involved  or  if  the  adoptee registrant shall have elected not to have
release  of  information  by  the  authorized  agency  involved  in such
adoption, the department shall release the  non-identifying  information
to  the  adoptee  registrant. The department and/or an authorized agency
may restrict the nature  of  the  non-identifying  information  released
pursuant to this section upon a reasonable determination that disclosure
of  such  non-identifying  information  would  not  be in the adoptee's,
biological sibling's, or parent's best interest.
  (b) If the department determines that the adoption did not occur with-
in the state, it shall notify the  adoptee  registrant  that  no  record
exists of the adoption occurring within the state.
  5.  Upon  acceptance  of  a registration pursuant to this section, the
department shall search the registry to determine whether  the  adoptee,
any  biological  sibling of the adoptee, or birth parents of the adoptee
is also registered.
  (a) If the department determines the adoptee is not in contact with  a
biological  sibling under the age of eighteen and that there is a corre-
sponding registration for the adoptee, for [each] EITHER  of  the  birth
parents,  and/or  for the biological sibling registrant, it shall notify
the court wherein the adoption occurred and the department shall  notify
all  such  persons  that a corresponding match has been made and request
such persons' final consent to the release of identifying information.
  (b) If the department determines that there is no corresponding regis-
tration for the adoptee, for [each] EITHER of the birth parents,  and/or
for a biological sibling of the adoptee, it shall notify the registering
person  that  no corresponding match has been made. The department shall
not solicit or request the  consent  of  the  non-registered  person  or
persons.
  6. Upon receipt of a final consent by the adoptee, by [each] EITHER of
the  birth  parents,  and/or by a biological sibling of the adoptee, the
department shall, unless the adoptee or  biological  sibling  registrant
shall  elect  otherwise,  if  an  authorized agency was involved in such
adoption, release identifying information to such  agency;  such  agency
shall  thereafter  promptly  release  identifying  information ABOUT THE
CONSENTING REGISTRANTS  to  [all]  the  CONSENTING  registrants.  If  no
authorized  agency was involved, or if any registrant shall have elected
not to have release of the information by the authorized agency involved
in such adoption the department shall release identifying information to
[all] the CONSENTING registrants. Such identifying information shall  be
limited  to  the  names  and addresses of the CONSENTING registrants and
shall not include any other information contained  in  the  adoption  or
birth  records.  However,  nothing in this section shall be construed to
prevent the release of adoption records as otherwise permitted by law.
  S 3.  Subdivision 9 of section 4138-c of  the  public  health  law  is
REPEALED.
  S  4.  Subdivisions 3, 4, and 5 of section 4138-d of the public health
law, subdivisions 3 and 4 as amended by chapter 588 of the laws of 1999,
the opening paragraph of subdivision 4 as separately amended by  chapter
504  of the laws of 1999 and paragraphs (a) and (b) of subdivision 4 and
subdivision 5 as amended by chapter 469 of the laws of 2007, are amended
to read as follows:
  3. Upon acceptance of a registration [by an adoptee or the  biological
sibling  registrant]  pursuant  to this section, the agency shall search

A. 8498                             4

the records of the agency to determine whether the agency  was  involved
in such adoption.
  (a)  If the agency determines that the agency was not involved in such
adoption, it shall notify the registrant that no record  exists  of  the
adoption  and refer the registrant to the department's adoption informa-
tion registry operated pursuant to  section  forty-one  hundred  thirty-
eight-c of this [article] TITLE.
  (b)  If  the  agency  determines  that the agency was involved in such
adoption, it shall transmit the registration to the adoption information
registry operated by the department and the  agency  shall  release  the
non-identifying  information,  as defined in section [four thousand one]
FORTY-ONE hundred thirty-eight-c of this [article] TITLE, to the adoptee
registrant [or  the  biological  sibling  registrant].  The  agency  may
restrict the nature of the non-identifying information released pursuant
to  this section upon a reasonable determination that disclosure of such
non-identifying information would not be in the adoptee's,  the  biolog-
ical sibling's or parent's best interest.
  4.  Upon  acceptance  of  a registration pursuant to this section, the
department shall search the  records  of  the  department  to  determine
whether the adoptee's adoption occurred within the state. The department
shall  establish  an authorized agency fee schedule for search costs and
registry costs of an authorized agency.
  (a) If the department determines that there is a corresponding  regis-
tration  for  the adoptee, for [each] EITHER of the birth parents and/or
for a biological sibling of the adoptee, it shall notify the court wher-
ein the adoption occurred and the department  shall  notify  the  agency
that  a  corresponding  match has been made. The agency shall notify all
such [persons] REGISTRANTS that a corresponding match has been made  and
request such persons' final consent to the release of identifying infor-
mation.
  (b) If the department determines that there is no corresponding regis-
tration  for  the  adoptee, for EITHER OF the birth parents and/or for a
biological sibling of the adoptee, it  shall  notify  the  agency  which
shall notify the registering person that no corresponding match has been
made. The agency shall not solicit or request the consent of the non-re-
gistered person or persons.
  5. Upon receipt of a final consent by the adoptee, by [each] EITHER of
the  birth  parents  and/or  by a biological sibling of the adoptee, the
agency shall release identifying information ABOUT THE CONSENTING REGIS-
TRANTS to [all] the CONSENTING registrants. Such identifying information
shall be limited to the names and addresses  of  the  CONSENTING  regis-
trants  and  shall  not  include  any other information contained in the
adoption or birth records. However, nothing in  this  section  shall  be
construed  to  prevent  the  release  of  adoption  records as otherwise
permitted by law.
  S 5. Subdivision 9 of section 4138-d  of  the  public  health  law  is
REPEALED.
  S 6. This act shall take effect immediately.

2009-A8498A (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §§4138-b, 4138-c & 4138-d, rpld & add §4138-a, rpld §4138-c sub 9, §4138-d sub 9, Pub Health L

2009-A8498A (ACTIVE) - Summary

Relates to persons who may register for the adoption information registry; relates to birth certificates of adopted children.

2009-A8498A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8498A

TITLE  OF  BILL:   An act to amend the public health law, in relation to
birth certificates for children born in foreign countries; and registra-
tion for  the  adoption  information  registry;  and  repealing  certain
provisions of such law relating thereto

Purpose:    This  bill:  (1) centralizes within the Department of Health
(DOH) procedures for the filing and issuance of birth  certificates  for
children  adopted  in foreign countries; (2) cures a technical statutory
flaw that prevents the release of identifying information to  consenting
parties  under  the  Adoption Information Registry or the Mutual Consent
Voluntary Adoption Registry if both birth parents  have  not  registered
and  consented  to  such  release;  and (3) eliminates the access of the
biological siblings of adoptees to non-identifying information available
through the registries.

Summary of Provisions:  Section 1 of the bill repeals Public Health  Law
(PHL)  § 4138-a pertaining to certificates of birth data. Section 1 also
inserts new language to state that existing certificate  of  birth  data
issued  under the current § 4138-a will still be valid after the section
is repealed.

Section 2 of the bill amends Public  Health  Law  (P1-IL)  §  4138-b  to
conform  the  issuance  of birth certificates for individuals adopted in
other countries to the manner in which birth certificates are issued for

births that occur in New York State. The bill provides  that  the  birth
certificate will be filed by the Commissioner of Health when there is no
other birth record.(other than in the country of birth) for the individ-
ual.  The  bill requires that the adoptive parent be a   resident of New
York at the time of the adoption. In addition, the bill  requires  local
registrars to submit all supporting documentation for birth certificates
issued  under  the  current version of PHL § 4138-b to the Department of
Health, which shall file a new birth certificate.

Section 3 of the bill amends PHL 4138-c to replace the term "each parent
with "either parent" and clarify that  identifying  information  can  be
provided  about  and  to consenting parties registered with the Adoption
Information Registry. In addition, § 2 of the bill eliminates the abili-
ty of biological siblings to access non-identifying information  through
the registry.

Section 4 of the bill repeals PHL § 4138-c(9).

Section  5  of  the  bill  amends PHL § 4138-d to replace the term "each
parent" with "either parent" and clarify  that  identifying  information
can  be  shared  among  consenting  parties  registered  with the Mutual
Consent Voluntary Adoption Information Registry. Section 4 of  the  bill
also eliminates the-ability of biological siblings to access non-identi-
fying information through such registry.

Section 6 of the bill repeals PHL § 4138-d(9).

Section  7  of  the  bill provides that the bill would take effect imme-
diately.

Existing Law:

A. Foreign Adoptions

Domestic  Relations  Law  §  111-c  provides  that  a  final judgment of
adoption granted in a foreign nation  shall  have  the  same  force  and
effect as a judgment of adoption entered by a New York court, as long as
either  adopting  parent  is a resident of New York, and the validity of
the foreign adoption has been verified by the issuance of an IR-3  immi-
grant  visa  for  the  child  by the United States Citizenship and Immi-
gration Services.

PHL § 4137 provides that a registrar who receives a certificate of birth
for filing shall furnish a copy to  the.  child's  parents  or  guardian
within ten days and without charge.

PHL  §  4138-a  provides  that  the  Commissioner of Health will issue a
"Certificate of Birth Data" when presented with proof that a person  who
is  under  the  age of 18 and born outside of the United States has been
validly adopted by residents of  this  State  pursuant  to  a  judgment,
order, or decree of adoption issued by a court of competent jurisdiction
in this state, another state, or a foreign country.

PHL  §4138-b provides that whenever a foreign adoption recognized pursu-
ant to to Domestic Relations Law § 111-c is reported to a local  regist-
rar,  the  registrar  shall issue a birth certificate for the child. The
birth certificate will be issued and filed upon receipt  of:  (1)  proof
that  the  adoptive  parent  or child is a resident of this state; (2) a
copy of the adoption documents of the jurisdiction or country  in  which
the  child  was  adopted;  (3)  a  certified  translation of the foreign
adoption documents, evidence of the date and place of the child's birth;
and (4) evidence of IR-3 immigrant visa status, or a successor immigrant
visa status. The birth certificate shall include the child's name,  sex,
date  of birth, time of birth, place of birth, mother's maiden name, and
father's name.

PHL § 4173 authorizes a local registrar to  issue  certified  copies  or
certified  transcripts of birth certificates upon request of an individ-
ual, if he or she is at least 18 years old, or upon the  request  of  an
individual's  parent  or legal representative. Because births are regis-
tered in the locality where they occurred pursuant to PHL § 4130, a copy
of a birth certificate is not available from  any  locality  other  than
where it occurred.

PHL  §  4174  authorizes  the  Commissioner to issue certified copies or
certified transcripts of birth certificates upon request of an  individ-
ual,  if  he  or she is at least 18 years old, or upon the request of an
individual's parent or legal representative.

B. Adoption Registries

PHL  §  4138-c establishes the Adoption Information Registry within DOH,
permitting an adoptee who is at least 18 years old to  access  identify-
ing. and non-identifying information about his or her biological parents
or siblings.

PHL  §  4138-d  authorizes  the  voluntary  agencies involved in private
adoptions to establishes a Mutual Consent Voluntary  Adoption  Registry,
permitting an adoptee who is at least 18 years old to access identifying
and  non-identifying  information about his or her biological parents or
siblings.

Legislative History:  This is a new proposal.

Statement in Support:

A. Foreign Adoptions

Chapter 329 of the Laws of 2008 added Domestic Relations Law § 111-e and
PHL § 4138-b to ensure that foreign adoptions are recognized in New York
and New York birth certificates can be  obtained  by  such  adoptees  or
their  parents.    While  PHL § 4138-b provides that a birth certificate
will be issued by a local registrar in the case of a  foreign  adoption,
the  statute  does  not  set  forth  any  criteria - such as an adoptive
parent's residence at the time of adoption - that could be used to iden-
tify which of the approximately 1,500 local registrars in New York State
would be authorized to issue a birth certificate in a  particular  case.
As  a  result,  the  statute  permits multiple registrars to issue birth
certificates for the same adoptee, which could be used to commit identi-
ty theft or other frauds. Moreover, the statute effectively imposes  the
burden of reviewing foreign adoption papers upon local registrars, which
may not have the resources or expertise for such an undertaking.

In  addition,  the  statute does not require that birth certificates for
foreign adoptions issued by local registrars be  filed  with  DOH.  This
prevents  the  State  from  effectively  overseeing  or  assisting local
registrars in the issuance of  the  certificates.  Further,  since  such
birth  certificates are not filed with DOH, an adoptee Will be unable to
obtain a copy of his or her birth certificate if he or she does not know
where the original certificate was filed.

In place of the current requirement that  local  registrars  issue.  and
file  birth  certificates for foreign adoptions, this bill provides that
the Commissioner shall file birth certificates in such cases. - A certi-
fied copy of a birth certificate  filed  by  the  Commissioner  will  be
provided  pursuant  to  PHL  §  4137  or,  on request, pursuant to PHL
4174(h). Birth certificates that may have been filed by local registrars
under the existing version of § 4138-b will be refiled by DOH under  the
bill.

These changes will better conform birth certificate procedures for chil-
dren  born  in other counties and adopted by New York State residents to
the birth certificate procedures for children born in New York State. In
addition. it will reduce the opportunity  for  fraud  arising  from  the
issuance  of  multiple birth certificates. and will ensure that foreign-
born adopted children will be able  to  obtain  copies  of  their  birth
certificates  from  DOH.  Moreover,  centralizing the responsibility for
birth certificates for adoptees born in other countries within DOH  will
spare  local registrars the fiscal and administrative burdens of review-
ing immigration documents and creating  and  maintaining  the  necessary
birth records.

The  bill  also  imposes  several  other safeguards to ensure that birth
records are created only  when  appropriate,  In  particular,  the  bill
provides  that  the  Commissioner  shall file a birth certificate for an
adoptee born in a foreign country only if there is no birth record other
than in the country of birth for  the  individual.  DOH  will  establish
policies  for the provision of proof that meets such standards. In addi-
tion, the bill requires that an adoptive parent be  a  resident  of  New
York at the time of the adoption.

Furthermore,  this bill eliminates the current law authorizing the issu-
ance of a certificate of birth data, since foreign-born adoptees will be
able to obtain birth certificates under PHL § 4138-b.  However,  certif-
icates  of  birth  data  issued prior to the effective date of this bill
will still be valid.

B. Adoption Registries

DOH's Adoption Information Registry permits an adoptee who is  at  least
18  years  old  to  access  three  types of information about his or her
biological parents or sibling. Identifying  information,  consisting  of
names  and  current addresses, can be shared only if the adoptee and the
biological parents and siblings are all registered and have consented to
the release of information. Non-identifying information about the  birth
parents,  such  as general appearance, religion, ethnicity, race, educa-
tion, and occupation, and the facts and  circumstances  surrounding  the
adoption  can  be  provided to an adoptee or to the adoptee's biological
sibling, even if the birth parents do not register  or  consent  to  the
release of information, Medical information can be provided by the birth
parents  to  the  registry at any time after a child is adopted, and the
adoptee can obtain such information if and when he or she registers.

The Mutual Consent Voluntary Adoption Registry permits private  adoption
agencies  to  carries out the same functions as the Adoption Information
Registry, and permits similar access to  information  upon  registration
and, when appropriate, consent.

Chapter  469  of  the  Laws  of 2007 amended PHL §§ 4138-c and 4135-d to
permit birth parents whose parental rights had been involuntarily termi-
nated to register with the Adoption Information Registry or  the  Mutual
Consent  Voluntary  Adoption  Registry  and  consent  to  the release of

medical and/or identifying information to adult adoptees.  However,  the
statutory  revisions  needed  to  make  this  change had the inadvertent
effect of requiring in all cases that both birth parents - if both  have
been  identified  by  the  court  or  are  listed on the adoptee's birth
certificate - consent to the release of information.  As  a  result,  an
adoptee registered with either registry cannot obtain information from a
consenting  birth  parent  unless the other birth parent has also regis-
tered and consented.

The bill corrects this problem by replacing references  to  "each  birth
parent"  with  references  to "either birth parent" and expressly noting
that identifying information about consenting registrants can be  shared
with other consenting registrants. This permits an adoptee, a biological
sibling  and a birth parent to obtain identifying information about each
other, even if another birth parent has not registered with  a  registry
and provided consent to the release of identifying information. The bill
repeals  PHL  §  41  38-c(9)  and 4198-d(9), which currently permits one
birth parent to register  and  consent  when  another  birth  parent  is
deceased.  Because  the  bill permits the release of information even if
only one parent registers and consents, these subdivisions are no longer
necessary.

Finally, the bill addresses  another  flaw  in  the  existing  statutory
language that allows the biological sibling of an adoptee to have access
to  information  even  if  the adoptee is not registered. In most cases,
this would be innocuous, as the biological sibling, who was not  adopted
out, is presumably aware of the identity of his or her parents. However,
his  or  her  parents  may  not wish the sibling to have access to other
non-identifying information included in the registry, such as the  facts
and  circumstances  relating  to  the  nature and cause of the adoption.
Accordingly, the bill eliminates the ability of biological  siblings  to
access  non-identifying  information,  and  permits  them access only to
identifying information which is shared on consent.

Budget Implications:  This bill is not expected to have a fiscal  impact
to the State.

Effective Date:  This bill would take effect immediately.

2009-A8498A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8498--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced  by  M.  of  A. GOTTFRIED -- (at request of the Department of
  Health) -- read once and  referred  to  the  Committee  on  Health  --
  reported   and  referred  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to birth certificates
  for children born in  foreign  countries;  and  registration  for  the
  adoption  information  registry;  and  repealing certain provisions of
  such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 4138-a of the public health law is REPEALED and a
new section 4138-a is added to read as follows:
  S 4138-A. CERTIFICATE OF BIRTH DATA. ANY EXISTING CERTIFICATE OF BIRTH
DATA SHALL CONTINUE TO BE EFFECTIVE.
  S 2. Section 4138-b of the public health law, as added by chapter  329
of the laws of 2008, is amended to read as follows:
  S  4138-b.  Birth  certificate: foreign country adoption. Whenever the
adoption or finalization of a  foreign  adoption  or  recognition  of  a
foreign  adoption of a child pursuant to section one hundred eleven-c of
the domestic relations law has been reported to  the  [local  registrar]
COMMISSIONER,  the  [registrar]  COMMISSIONER shall [issue] FILE a birth
certificate for the child PROVIDED THERE IS NO OTHER  BIRTH  CERTIFICATE
OR OTHER BIRTH RECORD ON FILE OTHER THAN IN THE COUNTRY WHERE SUCH CHILD
WAS  BORN  AND  PROVIDED, FURTHER, THAT A CERTIFICATE OF BIRTH DATA DOES
NOT EXIST FOR THAT PERSON. Such birth certificate shall be [issued  and]
filed  upon receipt of: proof that the adoptive parent [or child is] WAS
a resident of this state AT THE TIME OF ADOPTION; a copy of the adoption
documents of the jurisdiction or country in which the child was adopted;
a certified translation of the foreign adoption documents,  evidence  of
the  date  and  place of the child's birth; and evidence of IR-3 OR IR-4

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07530-11-9

A. 8498--A                          2

immigrant visa status, or a successor immigrant visa status.  The  birth
certificate  shall include the child's name, sex, date of birth, time of
birth, place of birth, mother's maiden name, and father's name.  A BIRTH
CERTIFICATE  FOR  A  FOREIGN  COUNTRY ADOPTION WHICH HAS BEEN FILED BY A
LOCAL REGISTRAR AND ALL SUPPORTING DOCUMENTATION SHALL BE  SUBMITTED  BY
THE  LOCAL  REGISTRAR  TO  THE  COMMISSIONER  WHO SHALL FILE A NEW BIRTH
CERTIFICATE PURSUANT TO THIS SECTION.
  S 3. Subdivisions 2, 4, 5 and 6 of section 4138-c of the public health
law, subdivision 2 as amended by chapter 435 of the laws of 2008, subdi-
vision 4 as amended by chapter 588 of the laws of  1999,  and  paragraph
(a)  of subdivision 4 and subdivisions 5 and 6 as amended by chapter 469
of the laws of 2007, are amended to read as follows:
  2. The registry shall accept, at any time, and maintain  the  verified
registration  transmitted  by  an  agency  pursuant to section forty-one
hundred thirty-eight-d of this [article] TITLE, or of the birth  parents
of an adoptee if such adoptee was born in this state. The registry shall
not accept nor maintain the registration of an adoptee sooner than eigh-
teen  years after the adoptee's birth, or in the case of registration by
a biological sibling of an adoptee, no sooner than the longer  of  eigh-
teen  years after the biological sibling's birth or eighteen years after
the adoptee's birth; provided, however, that any person whose  registra-
tion was accepted may withdraw such registration prior to the release of
any  identifying information. The adoptee registrant, and the biological
sibling registrant, shall include as part of the registration the  iden-
tification, including the name and address, of known biological siblings
of the adoptee. The adoptee may upon registration or any time thereafter
elect  not  to  have  release  of  information  by the authorized agency
involved in such adoption. The department shall establish an  authorized
agency  fee  schedule  for  search costs and registry costs and services
provided by such agency in gathering and forwarding information pursuant
to this section. The fee schedule may also include costs for disseminat-
ing information about the registry and the adoption medical  information
sub-registry  to  the public. Such publications or brochures may include
information as to identifying and non-identifying  information,  how  to
register  and fees charged to the registrants, and any other information
deemed appropriate.
  4. Upon acceptance of a registration [by an adoptee or by the  biolog-
ical  sibling  of  an  adoptee] pursuant to this section, the department
shall search the records of the  department  to  determine  whether  the
adoptee's adoption occurred within the state.
  (a) If the department determines that the adoption occurred within the
state, it shall notify the court wherein the adoption occurred to submit
to the department non-identifying information as may be contained in the
records  of the court and the names of the birth parents of the adoptee.
Notwithstanding any other provision of law to the  contrary,  the  court
shall  thereupon  transmit to the department non-identifying information
as may be contained in the records of the court, and the  names  of  the
birth  parents  of  the  adoptee, provided that, if the court determines
from its records that the adoption was from an  authorized  agency,  the
court  shall  submit to the department only the name and address of such
authorized agency and the names of the birth parents of the adoptee.  In
such  cases,  unless  the  adoptee registrant [or the biological sibling
registrant] shall have elected otherwise, the  department  shall  notify
the  authorized  agency  whose name was provided by the court to release
promptly to the adoptee [or biological sibling registrant] all non-iden-
tifying information as may be contained in the  agency  records.    Such

A. 8498--A                          3

agency shall thereafter promptly release the non-identifying information
to  the adoptee registrant. If the adoptee registrant shall have elected
not to have the information released to him or  her  by  the  authorized
agency, the agency shall submit promptly to the department all non-iden-
tifying  information  as  may be contained in the agency records. In any
case where the agency records are incomplete, no  longer  exist  or  are
otherwise  unavailable,  the  department  shall so notify the court. The
court shall thereupon promptly submit such  non-identifying  information
as  may  be  contained  in  their  records.  If no authorized agency was
involved or if the adoptee registrant shall have  elected  not  to  have
release  of  information  by  the  authorized  agency  involved  in such
adoption, the department shall release the  non-identifying  information
to  the  adoptee  registrant. The department and/or an authorized agency
may restrict the nature  of  the  non-identifying  information  released
pursuant to this section upon a reasonable determination that disclosure
of  such  non-identifying  information  would  not  be in the adoptee's,
biological sibling's, or parent's best interest.
  (b) If the department determines that the adoption did not occur with-
in the state, it shall notify the  adoptee  registrant  that  no  record
exists of the adoption occurring within the state.
  5.  Upon  acceptance  of  a registration pursuant to this section, the
department shall search the registry to determine whether  the  adoptee,
any  biological  sibling of the adoptee, or birth parents of the adoptee
is also registered.
  (a) If the department determines the adoptee is not in contact with  a
biological  sibling under the age of eighteen and that there is a corre-
sponding registration for the adoptee, for [each] EITHER  of  the  birth
parents,  and/or  for the biological sibling registrant, it shall notify
the court wherein the adoption occurred and the department shall  notify
all  such  persons  that a corresponding match has been made and request
such persons' final consent to the release of identifying information.
  (b) If the department determines that there is no corresponding regis-
tration for the adoptee, for [each] EITHER of the birth parents,  and/or
for a biological sibling of the adoptee, it shall notify the registering
person  that  no corresponding match has been made. The department shall
not solicit or request the  consent  of  the  non-registered  person  or
persons.
  6. Upon receipt of a final consent by the adoptee, by [each] EITHER of
the  birth  parents,  and/or by a biological sibling of the adoptee, the
department shall, unless the adoptee or  biological  sibling  registrant
shall  elect  otherwise,  if  an  authorized agency was involved in such
adoption, release identifying information to such  agency;  such  agency
shall  thereafter  promptly  release  identifying  information ABOUT THE
CONSENTING REGISTRANTS  to  [all]  the  CONSENTING  registrants.  If  no
authorized  agency was involved, or if any registrant shall have elected
not to have release of the information by the authorized agency involved
in such adoption the department shall release identifying information to
[all] the CONSENTING registrants. Such identifying information shall  be
limited  to  the  names  and addresses of the CONSENTING registrants and
shall not include any other information contained  in  the  adoption  or
birth  records.  However,  nothing in this section shall be construed to
prevent the release of adoption records as otherwise permitted by law.
  S 4.  Subdivision 9 of section 4138-c of  the  public  health  law  is
REPEALED.
  S  5.  Subdivisions 3, 4, and 5 of section 4138-d of the public health
law, subdivisions 3 and 4 as amended by chapter 588 of the laws of 1999,

A. 8498--A                          4

the opening paragraph of subdivision 4 as separately amended by  chapter
504  of the laws of 1999 and paragraphs (a) and (b) of subdivision 4 and
subdivision 5 as amended by chapter 469 of the laws of 2007, are amended
to read as follows:
  3.  Upon acceptance of a registration [by an adoptee or the biological
sibling registrant] pursuant to this section, the  agency  shall  search
the  records  of the agency to determine whether the agency was involved
in such adoption.
  (a) If the agency determines that the agency was not involved in  such
adoption,  it  shall  notify the registrant that no record exists of the
adoption and refer the registrant to the department's adoption  informa-
tion  registry  operated  pursuant  to section forty-one hundred thirty-
eight-c of this [article] TITLE.
  (b) If the agency determines that the  agency  was  involved  in  such
adoption, it shall transmit the registration to the adoption information
registry  operated  by  the  department and the agency shall release the
non-identifying information, as defined in section [four  thousand  one]
FORTY-ONE hundred thirty-eight-c of this [article] TITLE, to the adoptee
registrant  [or  the  biological  sibling  registrant].  The  agency may
restrict the nature of the non-identifying information released pursuant
to this section upon a reasonable determination that disclosure of  such
non-identifying  information  would not be in the adoptee's, the biolog-
ical sibling's or parent's best interest.
  4. Upon acceptance of a registration pursuant  to  this  section,  the
department  shall  search  the  records  of  the department to determine
whether the adoptee's adoption occurred within the state. The department
shall establish an authorized agency fee schedule for search  costs  and
registry costs of an authorized agency.
  (a)  If the department determines that there is a corresponding regis-
tration for the adoptee, for [each] EITHER of the birth  parents  and/or
for a biological sibling of the adoptee, it shall notify the court wher-
ein  the  adoption  occurred  and the department shall notify the agency
that a corresponding match has been made. The agency  shall  notify  all
such  [persons] REGISTRANTS that a corresponding match has been made and
request such persons' final consent to the release of identifying infor-
mation.
  (b) If the department determines that there is no corresponding regis-
tration for the adoptee, for EITHER OF the birth parents  and/or  for  a
biological  sibling  of  the  adoptee,  it shall notify the agency which
shall notify the registering person that no corresponding match has been
made. The agency shall not solicit or request the consent of the non-re-
gistered person or persons.
  5. Upon receipt of a final consent by the adoptee, by [each] EITHER of
the birth parents and/or by a biological sibling  of  the  adoptee,  the
agency shall release identifying information ABOUT THE CONSENTING REGIS-
TRANTS to [all] the CONSENTING registrants. Such identifying information
shall  be  limited  to  the names and addresses of the CONSENTING regis-
trants and shall not include any  other  information  contained  in  the
adoption  or  birth  records.  However, nothing in this section shall be
construed to prevent  the  release  of  adoption  records  as  otherwise
permitted by law.
  S  6.  Subdivision  9  of  section  4138-d of the public health law is
REPEALED.
  S 7. This act shall take effect immediately.

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