NY State Senate Bill 2009-S1698

Senate Bill S1698

2009-2010 Legislative Session

Enacts bill of adoptee rights clarifying language and procedures for obtaining birth certificates and medical histories for adoptees

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Feb 05, 2009	referred to health

co-Sponsors

View additional co-sponsors

2009-S1698 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L

2009-S1698 (ACTIVE) - Summary

Enacts Bill of Adoptee Rights clarifying language and procedures for obtaining birth certificates and medical histories of adoptees; permits an adopted adult to access certain records when they reach the age of 18; creates a contact preference to be filed by birth parents; directs a task force be appointed to assess the progress and administration of such initiatives.

2009-S1698 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1698

 TITLE OF BILL :
An act to amend the public health law and the domestic relations law,
in relation to enacting the "bill of adoptee rights"


 PURPOSE :
This bill would allow adopted adults to learn who their birth parents
are when they reach their 18th birthday.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill amends the public health law by adding a new
section, 4138-e to establish the "Bill of Adoptee Rights." Among the
rights. stated in section 2-4, is the ability of an adoptee to receive
an certified copy of their original birth certificate at age 18,
provided they have proper identification and pay a nominal fee.

Section 4 states that a contact preference may be filed at any time by
the birth parent(s) requesting the adoptee not make contact, though it
will not prevent the right of the adopted person to receive updated
health Information. The contact preference may be rescinded by the
birth parent(s) at anytime.

Sections 5-10 amend section 4138 of the public health law. which
governs the Issuance of birth certificates, so as to allow an adult

adoptee to have a birth certificate reflect original data; include any
name changes to the adoptee; reflect current addresses; and requires
the department of health to accept additional data and information
supplied by birth relatives, which must be provided to the adoptive
parents of minor adoptee and directly to adoptees over the age of 18.
The Governor shall appoint a citizen's task force to review and assess
the progress and administration of the bill's initiatives.

 JUSTIFICATION :
There are currently over 6 million adoptees In the United States for
whom most know nothing about their birth parents because of state laws
which seal all adoption records. New York is one of those states.

Many of these laws were instituted in the 1930's and 40's to prevent
the adoptee from being labeled "illegitimate" or "bastard." Social
values have changed tremendously since those days and there is no
longer the same stigma attached to adoption. The sealing of these
records is now hurting the people they were designed to protect.

There are at least three fundamental reasons why adoptees should be
allowed to find out who their birth parents were. First, adoptees are
prevented from gaining access to medical information needed for
preventive health care. As more and more illnesses are traced to
genetic factors, adoptees should know the medical history of their
birth parents. Second, adoptees are denied the knowledge of their
religious and ethnic heritage and third, they are denied the rights to
know about their family history.

The purpose of a contact preference is to protect the privacy of the
birthparent(s). The contact preference. which may be repealed at any
time, allows a birthparent(s) to prevent an adoptee from learning who
her or his birthparents were, while still allowing the adoptee to
obtain updated health information an birth certificate.  Opening
adoption records for adults would give them some of the basic facts of
their own existence which most people take for granted.

 PRIOR LEGISLATIVE HISTORY :
S.235 of 2007/2008

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect one year after it shall have become a law,
provided, however, that, effective immediately, the commissioner of
health is directed to promulgate such rules and regulations as may be
necessary to carry out provisions of this act.

2009-S1698 (ACTIVE) - Bill Text download pdf

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

                                  1698

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sens.  LARKIN,  DeFRANCISCO,  KRUEGER, LAVALLE, PERKINS,
  SEWARD, VOLKER -- read twice and ordered printed, and when printed  to
  be committed to the Committee on Health

AN ACT to amend the public health law and the domestic relations law, in
  relation to enacting the "bill of adoptee rights"

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

  Section 1. The public health law is amended by adding  a  new  section
4138-e to read as follows:
  S  4138-E.  BILL OF ADOPTEE RIGHTS. 1. THIS SECTION SHALL BE KNOWN AND
MAY BE CITED AS THE "BILL OF ADOPTEE RIGHTS".
  2. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWLEDGE, SUPPORT
AND ENCOURAGE THE LIFE-LONG HEALTH AND WELL-BEING NEEDS  OF  ADULTS  WHO
HAVE  BEEN AND WILL BE ADOPTED IN THE STATE OF NEW YORK. THE LEGISLATURE
FURTHER RECOGNIZES THAT THE DENIAL OF ACCESS TO  ACCURATE  AND  COMPLETE
MEDICAL  AND  SELF-IDENTIFYING  DATA OF ANY RESIDENT, KNOWN AND WILFULLY
WITHHELD BY OTHERS, MAY RESULT IN THAT RESIDENT SUCCUMBING TO  PREVENTA-
BLE DISEASE, PREMATURE DEATH OR OTHERWISE UNHEALTHY LIFE, IS A VIOLATION
OF  THAT RESIDENT'S CIVIL RIGHTS AND IS CONTRARY TO THE TENETS OF GOVER-
NANCE. AS SUCH, THE PROVISIONS OF THIS SECTION SEEK TO ESTABLISH CONSID-
ERATIONS UNDER THE LAW FOR ADOPTED PERSONS EQUAL TO SUCH  CONSIDERATIONS
PERMITTED  BY  LAW  TO  ALL  NON-ADOPTED RESIDENTS; THIS SECTION DOES SO
WHILE PROVIDING FOR THE NEED OF PRIVACY FOR THAT  ADOPTED  RESIDENT  AND
HIS OR HER BIRTH AND ADOPTIVE FAMILIES.
  3.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, WHEN AN ADOPTED
PERSON ATTAINS THE AGE OF EIGHTEEN YEARS, THAT  PERSON  SHALL  HAVE  THE
RIGHT  TO RECEIPT OF A CERTIFIED COPY OF HIS OR HER ORIGINAL (LONG FORM,
LINE BY LINE VAULT COPY) BIRTH CERTIFICATE AND ANY  CHANGE  HIS  OR  HER
BIRTH  PARENT  OR  PARENTS  MAY  HAVE ATTACHED TO THAT CERTIFICATE, UPON
APPLICATION, PRESENTATION OF PROOF OF IDENTIFICATION AND THE PAYMENT  OF
A NOMINAL FEE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02252-01-9

S. 1698                             2

  (B)  WHEN IT SHALL BE IMPOSSIBLE THROUGH GOOD-FAITH EFFORTS TO PROVIDE
A COPY OF AN ADULT ADOPTED PERSON'S ORIGINAL BIRTH  CERTIFICATE  (AS  IN
THE  CASE  OF AN ADOPTED PERSON BORN OUTSIDE OF, BUT ADOPTED WITHIN, THE
STATE OF NEW YORK), THE ADULT ADOPTED PERSON SHALL  HAVE  THE  RIGHT  TO
SECURE FROM A COURT OF COMPETENT JURISDICTION OR THE ADOPTION AGENCY THE
TRUE AND CORRECT IDENTIFYING INFORMATION THAT WOULD HAVE APPEARED ON HIS
OR HER ORIGINAL BIRTH CERTIFICATE. IN SUCH CASE THE AGENCY SHALL BE HELD
HARMLESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
  4.  (A)  A  BIRTH PARENT MAY AT ANY TIME REQUEST FROM THE DEPARTMENT A
CONTACT PREFERENCE FORM THAT SHALL ACCOMPANY A BIRTH CERTIFICATE  ISSUED
UNDER  THIS TITLE. THE CONTACT PREFERENCE FORM SHALL PROVIDE THE FOLLOW-
ING INFORMATION TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
  (1) I WOULD LIKE TO BE CONTACTED.
  (2) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY.
  (3) I PREFER NOT TO BE CONTACTED AT THIS TIME. IF I DECIDE LATER  THAT
I  WOULD  LIKE TO BE CONTACTED, I WILL SUBMIT AN UPDATED CONTACT PREFER-
ENCE FORM TO THE DEPARTMENT. I HAVE COMPLETED AN UPDATED MEDICAL HISTORY
FORM AND HAVE FILED IT WITH THE DEPARTMENT.
  THE MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE  DEPART-
MENT AND SHALL BE SUPPLIED TO THE BIRTH PARENT UPON REQUEST OF A CONTACT
PREFERENCE FORM FROM THE DEPARTMENT.
  ONLY  THOSE  PERSONS  WHO  ARE AUTHORIZED TO PROCESS APPLICATIONS MADE
UNDER THIS TITLE MAY PROCESS  CONTACT  PREFERENCE  AND  MEDICAL  HISTORY
FORMS.
  THE  MEDICAL HISTORY FORM AND CONTACT PREFERENCE FORM ARE CONFIDENTIAL
COMMUNICATIONS FROM THE BIRTH PARENT TO THE PERSON NAMED ON  THE  SEALED
BIRTH  CERTIFICATE AND SHALL BE PLACED IN A SEALED ENVELOPE UPON RECEIPT
FROM THE BIRTH PARENT. THE SEALED ENVELOPE SHALL  BE  MATCHED  WITH  AND
PLACED IN THE FILE CONTAINING THE SEALED BIRTH CERTIFICATE.
  THE SEALED ENVELOPE CONTAINING THE CONTACT PREFERENCE FORM AND MEDICAL
HISTORY  FORM  SHALL  BE  RELEASED TO A PERSON REQUESTING HIS OR HER OWN
ORIGINAL BIRTH CERTIFICATE UNDER THIS TITLE. THE CONTACT PREFERENCE FORM
AND MEDICAL HISTORY FORM ARE A  PRIVATE  COMMUNICATION  FROM  THE  BIRTH
PARENT TO THE PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND NO COPIES
OF THE FORMS SHALL BE RETAINED BY THE DEPARTMENT.
  (B)  UPON  RECEIPT OF UPDATED HEALTH INFORMATION, THE DEPARTMENT SHALL
PROVIDE NOTICE OF ITS RECEIPT TO THE ADOPTIVE PARENT  OR  PARENTS  OF  A
MINOR  CHILD  OR DIRECTLY TO THE ADOPTED PERSON WHO HAS ATTAINED THE AGE
OF EIGHTEEN, AS PROVIDED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C  OF
THIS TITLE. SAID NOTIFICATION WILL INCLUDE INSTRUCTIONS FOR RETRIEVAL OF
SAID INFORMATION, WHICH SHALL BE NON-IDENTIFYING.
  5.  WITHIN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, THE
GOVERNOR SHALL APPOINT A VOLUNTARY CITIZENS TASK FORCE TO REVIEW, ASSESS
AND REPORT ON THE PROGRESS AND ADMINISTRATION OF INITIATIVES ESTABLISHED
PURSUANT TO THIS SECTION. THE TASK FORCE, WHICH SHALL CONSIST  OF  EQUAL
NUMBERS OF ADOPTED PERSONS, BIRTH PARENTS, ADOPTIVE PARENTS AND ADOPTION
PROFESSIONALS,  SHALL MAKE RECOMMENDATIONS TO IMPROVE THE ADMINISTRATION
OF THE INITIATIVES ESTABLISHED IN THIS SECTION.  THE  TASK  FORCE  SHALL
HAVE  FULL ACCESS TO THE DEPARTMENT'S, THE OFFICE OF CHILDREN AND FAMILY
SERVICES' AND THE FAMILY AND SURROGATE COURTS' FILES OF  NON-IDENTIFYING
STATISTICAL  DATA, INCLUDING THE METHODS OF ITS COLLECTION AND STANDARDS
FOR QUALITY CONTROL. WITHIN ONE YEAR OF ITS  CREATION,  THE  TASK  FORCE
WILL  SUBMIT  A WRITTEN REPORT TO THE LEGISLATURE AND THE PUBLIC INCLUD-
ING, BUT NOT LIMITED TO, THE FOLLOWING:
  (A) THE NUMBER OF ORIGINAL CERTIFIED BIRTH CERTIFICATES  REQUESTED  BY
ADOPTED PERSONS;

S. 1698                             3

  (B)  THE  NUMBER  OF ORIGINAL CERTIFIED BIRTH CERTIFICATES PROVIDED TO
ADOPTED PERSONS;
  (C)  THE  NUMBER  OF  CONTACT  PREFERENCES  FILED  BY  BIRTH PARENT OR
PARENTS; AND
  (D) THE NUMBER OF CONTACT PREFERENCES RESCINDED  BY  BIRTH  PARENT  OR
PARENTS.
  S  2.  Subdivision  5  of  section  4138  of the public health law, as
amended by chapter 201 of the laws  of  1972,  is  amended  to  read  as
follows:
  5.  Thereafter,  when  a certified copy or certified transcript of the
certificate of birth of such a person, or a certification of  birth  for
such  person  is  issued,  it shall be based upon the new certificate of
birth, except when an order of a court of competent  jurisdiction  shall
require  the  issuance of a copy of the original certificate of birth OR
UPON A WRITTEN NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF  OR
HERSELF ONCE PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  S  3.  Paragraph  (b)  of  subdivision 3 of section 4138 of the public
health law, as added by chapter 201 of the laws of 1972, is  amended  to
read as follows:
  (b)  Thereafter,  when a verified transcript or certification of birth
of such  person is issued by the registrar, it shall be based  upon  the
new  certificate, except when an order of a court of competent jurisdic-
tion shall require the issuance of  a  verified  transcript  or  certif-
ication  based upon the original local record of birth OR UPON A WRITTEN
NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF  OR  HERSELF  ONCE
PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  S  4.  Subdivision  7  of  section  4138  of the public health law, as
amended by chapter 644 of the laws  of  1988,  is  amended  to  read  as
follows:
  7.  Whenever  the  commissioner  makes a new birth certificate for any
person pursuant to the provisions of subdivision one of this section, he
OR SHE shall forward to such person, if eighteen years of age  or  more,
[or  to the parents of such person,] a certified copy, a certified tran-
script [or] AND a certification of birth, [whichever he deems  appropri-
ate under the circumstances,] without making any charge therefor.
  S  5. Section 4138 of the public health law is amended by adding three
new subdivisions 8, 9 and 10 to read as follows:
  8. (A) AN ADOPTED PERSON EIGHTEEN YEARS OF AGE OR OLDER, OR THE  BIRTH
PARENT  OR  PARENTS,  MAY  SUBMIT TO THE REGISTRAR A NOTICE OF CHANGE OF
NAME AND/OR ADDRESS AND  SUCH  INFORMATION  SHALL  BE  ATTACHED  TO  THE
ORIGINAL BIRTH CERTIFICATE OF THE ADOPTED PERSON.
  (B)  THE  REGISTRAR  SHALL  DISCLOSE TO THE BIRTH PARENT OR PARENTS AT
SUCH PARENT'S OR PARENTS' REQUEST, THE MOST CURRENT NAME AND ADDRESS  OF
AN  ADOPTED  PERSON  IF THAT ADOPTED PERSON HAS REQUESTED SO BY FILING A
NOTARIZED LETTER WITH THE REGISTRAR.
  9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED  PERSON
ATTAINS  THE AGE OF EIGHTEEN YEARS, HE OR SHE SHALL HAVE THE RIGHT, UPON
APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE, TO A CERTI-
FIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE  BY  LINE,  VAULT  COPY
BIRTH CERTIFICATE.
  10.  THE  DEPARTMENT  SHALL  ACCEPT  ADDITIONAL INFORMATION FROM BIRTH
RELATIVES OF AN ADOPTED PERSON AND SHALL UPDATE ITS RECORDS  CONTINUOUS-
LY, USING INFORMATION RECEIVED FROM SUCH BIRTH RELATIVES.  WITHIN NINETY
DAYS  OF  RECEIPT,  THIS DATA WILL BE PROVIDED TO THE ADOPTIVE PARENT OR
PARENTS OF A MINOR CHILD OR  DIRECTLY  TO  AN  ADOPTED  PERSON  WHO  HAS
ATTAINED THE AGE OF EIGHTEEN OR TO HIS OR HER LEGAL REPRESENTATIVE.

S. 1698                             4

  S  6.   Paragraph (b) of subdivision 3 of section 4138-d of the public
health law, as amended by chapter 588 of the laws of 1999, is amended to
read as follows:
  (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
hundred thirty-eight-c of this [article] TITLE, to the  [adoptee  regis-
trant] ADOPTED PERSON 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
biological sibling's or parent's best interest.]
  S  7. Section 4104 of the public health law, as amended by chapter 435
of the laws of 2008, is amended to read as follows:
  S 4104. Vital statistics; application of article.  The  provisions  of
this  article  except  for  the provisions contained in paragraph (i) of
subdivision two of section four thousand one hundred, section four thou-
sand one hundred three, subdivision two of  section  four  thousand  one
hundred  thirty-five,  section  four thousand one hundred thirty-five-b,
subdivision eight of section four  thousand  one  hundred  seventy-four,
paragraphs  (b) and (e) of subdivision one, PARAGRAPH (B) OF SUBDIVISION
THREE, AND SUBDIVISIONS FIVE, SEVEN, EIGHT, NINE AND TEN of section four
thousand one hundred thirty-eight, subdivision eleven  of  section  four
thousand  one hundred thirty-eight-c, PARAGRAPH (B) OF SUBDIVISION THREE
OF SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-D, SECTION FOUR  THOU-
SAND  ONE  HUNDRED  THIRTY-EIGHT-E and section four thousand one hundred
seventy-nine of this article, shall not apply to the city of New York.
  S 8. Subdivision 1 of section 114 of the domestic  relations  law,  as
amended by chapter 751 of the laws of 1989 and designated by chapter 601
of the laws of 1994, is amended to read as follows:
  1.  If satisfied that the best interests of the adoptive child will be
promoted thereby, the judge or surrogate shall make an  order  approving
the  adoption and directing that the adoptive child shall thenceforth be
regarded and treated in all  respects  as  the  child  of  the  adoptive
parents  or  parent.  In  determining  whether the best interests of the
adoptive child will be promoted by the adoption, the judge or  surrogate
shall give due consideration to any assurance by a LOCAL commissioner of
social  services that he OR SHE will provide necessary support and main-
tenance for the adoptive child pursuant to the social services law. Such
order shall contain the full name, date and place of birth and reference
to the schedule annexed to the petition containing the  medical  history
of  the  child  in  the  body  thereof and shall direct that the child's
medical history, heritage of the  BIRTH  parents,  which  shall  include
nationality,  ethnic  background and race; education, which shall be the
number of years of school completed by the BIRTH parents at the time  of
the  birth  AND  ALSO  AT  THE  TIME OF SURRENDER of the adoptive child;
general physical appearance of the BIRTH parents  at  the  time  of  the
birth  AND  ALSO  AT  THE TIME OF SURRENDER of the adoptive child, which
shall include height, weight, color of hair, eyes, skin;  occupation  of
the  BIRTH  parents  at  the  time  of the birth AND ALSO AT THE TIME OF
SURRENDER of the adoptive child; health and medical history of the BIRTH
parents at the time of the birth AND ALSO AT THE TIME  OF  SURRENDER  of
the  adoptive  child,  including all available information setting forth
conditions or diseases believed to be hereditary, any drugs  or  medica-
tion  taken  during  the  pregnancy by the child's mother; and any other

S. 1698                             5

information which may be a factor influencing  the  child's  present  or
future  health,  INCLUDING THE talents, hobbies and special interests of
THE BIRTH parents as contained in the  petition,  be  furnished  to  the
adoptive  parents.  IN RECOGNITION OF THE IMPERATIVE LIFELONG IMPORTANCE
OF SUCH INFORMATION FOR THE HEALTH AND WELL-BEING OF THE ADOPTED PERSON,
IT SHALL BE THE DUTY OF THE LAW GUARDIAN AS PROVIDED FOR BY SECTIONS TWO
HUNDRED FORTY-ONE, TWO HUNDRED FORTY-TWO, TWO HUNDRED FORTY-NINE AND TWO
HUNDRED FORTY-NINE-A OF THE FAMILY COURT  ACT  AND/OR  THE  GUARDIAN  AD
LITEM  AS  PROVIDED FOR BY SECTIONS FOUR HUNDRED TWO, FOUR HUNDRED THREE
AND FOUR HUNDRED FOUR OF THE SURROGATE'S COURT PROCEDURE ACT  TO  ENSURE
THE  COMPREHENSIVE  COMPLETION  AND  FILING  OF ALL THE ABOVE REFERENCED
INFORMATION PRIOR TO THE  ACCEPTANCE  OF  THE  TERMINATION  OF  PARENTAL
RIGHTS  OR THE ENTRY OF A CERTIFICATE OF ADOPTION. IT SHALL BE DEEMED BY
THAT LEGAL REPRESENTATIVE THAT SUCH INFORMATION IS ALWAYS  IN  THE  BEST
INTEREST  OF  THE  CHILD  AND A PROTECTED RIGHT. PRIOR TO TERMINATION OF
DUTIES, SUCH LAW  GUARDIAN  OR  GUARDIAN  AD  LITEM  SHALL  PROVIDE,  AS
DIRECTED  BY  SECTION  FORTY-ONE  HUNDRED  THIRTY-EIGHT-C  OF THE PUBLIC
HEALTH LAW AND SECTIONS THREE HUNDRED SEVENTY-THREE  AND  THREE  HUNDRED
SEVENTY-THREE-A  OF THE SOCIAL SERVICES LAW, TO THE RESPECTIVE RESPONSI-
BLE PARTIES ALL SUCH COLLECTED DATA, AND PROVIDE  AN  AFFIDAVIT  TO  THE
COURT REPORTING ALL DILIGENT EFFORTS TO OBTAIN SUCH DATA. A COPY OF THAT
AFFIDAVIT  SHALL  BE  APPENDED  TO  THE ORIGINAL AND ANY AND ALL AMENDED
BIRTH CERTIFICATES. If the judge or surrogate  is  also  satisfied  that
there  is  no  reasonable  objection to the change of name proposed, the
order shall direct that the name of the adoptive child be changed to the
name stated in the agreement of adoption and that henceforth he  OR  SHE
shall  be  known  by  that  name. All such orders made by a family court
judge of Westchester county  since  September  first,  nineteen  hundred
sixty-two,  and on file in the office of the county clerk of such county
shall be transferred to the clerk of the family court  of  such  county.
Such  order  and  all the papers in the proceeding shall be filed in the
office of the court granting the adoption and the order shall be entered
in books which shall be kept under seal and which shall  be  indexed  by
the  name  of  the adoptive parents and by the full original name of the
child. Such order, including orders heretofore entered, shall be subject
to inspection and examination only  as  hereinafter  provided.  Notwith-
standing the fact that adoption records shall be sealed and secret, they
may  be  microfilmed  and  processed  pursuant to an order of the court,
provided that such order  provides  that  the  confidentiality  of  such
records be maintained. If the confidentiality is violated, the person or
company  violating it can be found guilty of contempt of court. The fact
that the adoptive child was born out of wedlock shall in no case  appear
in such order. The written report of the investigation together with all
other  papers  pertaining  to the adoption shall be kept by the judge or
surrogate as a permanent record of his OR HER court and such papers must
be sealed by him OR HER and withheld from inspection. No certified  copy
of  the  order of adoption shall issue unless authorized by court order,
except that certified copies may issue to the agency or agencies in  the
proceeding  prior  to  the  sealing  of the papers. Before the record is
sealed, such order may be granted upon written ex parte  application  on
good cause shown and upon such conditions as the court may impose. After
the  record  is  sealed,  such  order may be granted only upon notice as
hereinafter provided for disclosure or access and inspection of records.
The clerk upon request of a person  or  agency  entitled  thereto  shall
issue  certificates of adoption which shall contain only the new name of
the child and the date and place of birth of the child, the name of  the

S. 1698                             6

adoptive  parents  and  the  date  when and court where the adoption was
granted, which certificate as to the facts recited  therein  shall  have
the same force and effect as a certified copy of an order of adoption.
  S  9. Section 114 of the domestic relations law is amended by adding a
new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED  PERSON
ATTAINS  THE  AGE  OF EIGHTEEN YEARS, SUCH ADOPTED PERSON SHALL HAVE THE
RIGHT, UPON APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE,
TO A CERTIFIED COPY OF HIS OR HER ORIGINAL  LONG  FORM,  LINE  BY  LINE,
VAULT COPY BIRTH CERTIFICATE.
  S 10. This act shall take effect one year after it shall have become a
law, provided, however, that, effective immediately, the commissioner of
health  is  directed  to promulgate such rules and regulations as may be
necessary to carry out the provisions of this act.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.