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

                                  5145

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health  law,  in  relation  to  the  adoption
  registry

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

  Section 1. Section 4138-c of the  public  health  law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A. FOR THE PURPOSES OF THIS SECTION, "ADOPTEE" SHALL INCLUDE:  THOSE
PERSONS  BORN  IN  THIS STATE, AND THOSE PERSONS BORN IN ANY OTHER STATE
WITHIN THE UNITED STATES OR IN THE DISTRICT OF COLUMBIA  WHOSE  ADOPTION
OCCURRED WITHIN THIS STATE.
  S  2. Subdivisions 2 and 4 of section 4138-c of the public health law,
as amended by chapter 181 of the laws of 2010, are amended  to  read  as
follows:
  2.    UPON APPLICATION FOR REGISTRATION BY AN ADOPTEE NOT BORN IN THIS
STATE, OR BY A BIRTH PARENT OR SIBLING OF SUCH AN ADOPTEE,  THE  DEPART-
MENT SHALL SEARCH THE RECORDS OF THE DEPARTMENT TO DETERMINE WHETHER THE
ADOPTEE'S  ADOPTION OCCURRED WITHIN THIS STATE. IF THE DEPARTMENT DETER-
MINES THAT THE ADOPTION OCCURRED WITHIN THIS STATE,  IT  SHALL  REGISTER
THE  APPLICANT  IF HE OR SHE IS OTHERWISE QUALIFIED AND MAKE APPROPRIATE
NOTIFICATIONS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. The registry
shall accept, at any time, and maintain the verified registration trans-
mitted by an agency pursuant to section forty-one hundred thirty-eight-d
of this title, or of the birth parents of an adoptee [if  such  adoptee]
WHO  was born in this state. The registry shall [not] NEITHER accept nor
maintain the registration of an adoptee sooner than eighteen 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 eighteen years after
the  biological  sibling's  birth  or eighteen years after the adoptee's
birth[; provided, however, that any]. ANY person whose registration  was

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11163-02-1
              

S. 5145                             2

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 thereaft-
er,  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 OF AN ADOPTEE BORN IN THIS STATE,
OR BY A BIRTH PARENT OR  SIBLING  OF  SUCH  ADOPTEE,  pursuant  to  this
section,  the  department  shall search the records of the department to
determine whether the adoptee's  adoption  occurred  within  [the]  THIS
state.    UPON  COMPLETION  OF  A SEARCH OF THE RECORDS PURSUANT TO THIS
SUBDIVISION OR SUBDIVISION TWO OF THIS SECTION:
  (a) If the department determines that  the  adoption  occurred  within
[the]  THIS  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  author-
ized  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 shall have
elected otherwise, the department shall  notify  the  authorized  agency
whose  name was provided by the court to release promptly to the adoptee
all non-identifying information  as  may  be  contained  in  the  agency
records.   Such agency shall thereafter promptly release the non-identi-
fying 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 depart-
ment all non-identifying 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 agen-
cy 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.

S. 5145                             3

  S  3.  Subdivision  6-a of section 4138-c of the public health law, as
added by chapter 612 of the laws of 1996, is amended to read as follows:
  6-a.  (a)  There  shall  be  established  in  the registry an adoption
medical information sub-registry. Access to all identifying records  and
information   in   the   sub-registry  shall  be  subject  to  the  same
restrictions as the adoption information registry.
  (b) The department shall establish procedures by which a birth  parent
may  provide  medical  information  to the sub-registry, and by which an
adoptee aged eighteen years or older or the adoptive parents of an adop-
tee who has not attained the age  of  eighteen  years  may  access  such
medical information.
  (c)  A  birth parent may provide the adoption medical information sub-
registry with certified  medical  information.  Such  certified  medical
information  must  include  other  information  sufficient to locate the
adoptee's birth record.
  (d) Upon receipt from the birth parent of certified  medical  informa-
tion  and  other  information needed to identify the adopted person, the
department shall determine if the adoptee was [born and] adopted in  New
York state. If the adoptee was [born and] adopted in New York state, the
department  shall register such information and determine if the adoptee
or adoptive parent of the adoptee  is  registered.  Upon  such  determi-
nation,  the department shall release the non-identifying medical infor-
mation only to an adoptee, aged eighteen years  or  older,  or  adoptive
parent of an adoptee who has not attained the age of eighteen years.
  (e)  Upon  receipt from an adoptee aged eighteen years or older or the
parent of an adoptee of a registration, the department  shall  determine
if  the adoptee was [born and] adopted in New York state. If the adoptee
was [born and] adopted in New York state, the  department  shall  search
its  records  for  medical  information  provided by the adoptee's birth
parent.   If such medical information is  found,  the  department  shall
release  the  non-identifying  medical  information only, to an adoptee,
aged eighteen years or older, or adoptive parent of an adoptee  who  has
not attained the age of eighteen years.
  (f)  The  department  shall  not  solicit  or request the provision of
medical information from a birth parent or the registration by an  adop-
tee or parent of an adoptee.
  (g)  A  fee  shall  not  be required from a birth parent for providing
health information.
  S 4. Subdivision 2 of section 4138-d of  the  public  health  law,  as
amended  by  chapter  435  of  the  laws  of 2008, is amended to read as
follows:
  2. The agency shall accept, at any time,  and  maintain  the  verified
registration of the birth parents of an adoptee. The agency shall accept
and  maintain  the verified registration of an adoptee or of the biolog-
ical sibling of an adoptee if such adoptee was born in  this  state,  OR
WAS BORN IN ANY OTHER STATE WITHIN THE UNITED STATES, OR IN THE DISTRICT
OF  COLUMBIA,  AND  HIS  OR  HER ADOPTION OCCURRED WITHIN THIS STATE, no
sooner than eighteen years after the adoptee's birth or in the case of a
biological sibling registrant, no sooner than  the  longer  of  eighteen
years  after  the birth of the adoptee or eighteen years after the birth
of the biological sibling;  provided  however,  that  any  person  whose
registration  was  accepted  may withdraw such registration prior to the
release of any identifying information.
  S 5. This act shall take effect immediately.