NY State Assembly Bill 2013-A909A

Archive: Last Bill Status - In Assembly 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2014	print number 909a
Jun 16, 2014	amend (t) and recommit to codes
Feb 26, 2014	reported referred to codes
Jan 08, 2014	referred to health
Apr 23, 2013	reported referred to codes
Jan 09, 2013	referred to health

Bill Amendments

Original

A (Active)

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2013-A909 - Details

See Senate Version of this Bill:: S2490
Current Committee:: Assembly Codes
Law Section:: Domestic Relations Law
Laws Affected:: Amd §4138-c, Pub Health L; amd §114, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8910, S5783
2015-2016: A2901, S3314
2017-2018: A5036

2013-A909 - Summary

Relates to adoptee rights.

2013-A909 - Bill Text download pdf

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

                                   909

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. ARROYO,
  BARRON, BOYLAND, BUTLER, CAMARA, CLARK, COLTON, COOK,  CURRAN,  DINOW-
  ITZ,  DUPREY,  ENGLEBRIGHT,  FARRELL,  GABRYSZAK, GALEF, GIGLIO, GOTT-
  FRIED, GRAF, GUNTHER, HEVESI, HOOPER,  JORDAN,  KATZ,  KELLNER,  KOLB,
  LAVINE,   LIFTON,  P. LOPEZ,  V. LOPEZ,  LUPARDO,  MAGEE,  MAGNARELLI,
  MAISEL, McKEVITT, MILLER, MILLMAN, MONTESANO, MOYA,  OAKS,  PALMESANO,
  PAULIN,  PEOPLES-STOKES,  PERRY,  PRETLOW,  RA,  RAIA,  RAMOS, RIVERA,
  ROBERTS, ROBINSON, RODRIGUEZ, ROSENTHAL, RYAN,  SCARBOROUGH,  SCHIMEL,
  STEVENSON,  THIELE,  TITONE,  WALTER, WEISENBERG, WRIGHT, ZEBROWSKI --
  read once and referred 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 PERSONS 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  ADOPTED  PERSON,  KNOWN  AND
WILFULLY  WITHHELD  BY  OTHERS,  MAY RESULT IN SUCH PERSON SUCCUMBING TO
PREVENTABLE DISEASE, PREMATURE DEATH OR OTHERWISE UNHEALTHY LIFE,  IS  A
VIOLATION OF THAT PERSON'S HUMAN RIGHTS AND IS CONTRARY TO THE TENETS OF
GOVERNANCE.  AS  SUCH,  THE PROVISIONS OF THIS SECTION SEEK TO ESTABLISH
CONSIDERATIONS UNDER THE LAW FOR ADOPTED PERSONS EQUAL TO SUCH CONSIDER-
ATIONS PERMITTED BY LAW TO ALL NON-ADOPTED PERSONS; THIS SECTION DOES SO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02906-02-3

A. 909                              2

WHILE PROVIDING FOR THE PRIVACY OF AN ADOPTED  PERSON  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 NON-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,
AND/OR A MEDICAL HISTORY FORM IF AVAILABLE, UPON APPLICATION,  PRESENTA-
TION OF PROOF OF IDENTIFICATION AND THE PAYMENT OF A NOMINAL FEE.
  (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  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:
  (A) I WOULD LIKE TO BE CONTACTED.
  (B) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY.
  (C) I HAVE COMPLETED A MEDICAL HISTORY FORM AND HAVE FILED IT WITH THE
DEPARTMENT.
  (D) PLEASE DO NOT CONTACT ME. IF I DECIDE LATER THAT I WOULD  LIKE  TO
BE  CONTACTED,  I  WILL SUBMIT AN UPDATED CONTACT PREFERENCE FORM TO 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 SEPARATE SEALED ENVELOPES UPON
RECEIPT FROM THE BIRTH PARENT. THE SEALED  ENVELOPES  SHALL  BE  MATCHED
WITH AND PLACED IN THE FILE CONTAINING THE SEALED BIRTH CERTIFICATE.
  THE  SEALED  ENVELOPES  CONTAINING  THE  CONTACT  PREFERENCE  FORM AND
MEDICAL HISTORY FORM MAY 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 PRIVATE COMMUNICATIONS 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.  WHERE ONLY A MEDICAL
HISTORY FORM IS REQUESTED THE BIRTH CERTIFICATE AND  CONTACT  PREFERENCE
FORM SHALL NOT BE SENT, BUT MAY BE REQUESTED AT A LATER DATE.
  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

A. 909                              3

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 two
new subdivisions 8 and 9 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
NON-CERTIFIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE BY LINE, VAULT
COPY BIRTH CERTIFICATE AND/OR A MEDICAL HISTORY FORM, IF AVAILABLE.
  S  6.   Paragraph (b) of subdivision 3 of section 4138-d of the public
health law, as amended by chapter 181 of the laws of 2010, 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  forty-one  hundred
thirty-eight-c of this title, to the [adoptee 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] ADOPTED PERSON.
  S  7. Section 4104 of the public health law, as amended by chapter 153
of the laws of 2011, 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 and  subdivision  four  of  section  four  thousand  one
hundred,  section  four  thousand  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

A. 909                              4

hundred  seventy-four,  paragraphs (b) and (e) of subdivision one, PARA-
GRAPH (B) OF SUBDIVISION THREE, AND SUBDIVISIONS FIVE, SEVEN, EIGHT  AND
NINE  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  THOUSAND  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
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 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 IS
A  PROTECTED  RIGHT.  PRIOR  TO TERMINATION OF DUTIES, SUCH LAW GUARDIAN
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 RESPEC-
TIVE RESPONSIBLE PARTIES ALL SUCH COLLECTED DATA, AND PROVIDE AN AFFIDA-
VIT TO THE COURT REPORTING ALL DILIGENT EFFORTS TO OBTAIN SUCH  DATA.  A
COPY OF SUCH AFFIDAVIT SHALL BE APPENDED TO THE ORIGINAL AND ANY AND ALL
AMENDED  BIRTH CERTIFICATES. If the judge or surrogate is also satisfied

A. 909                              5

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
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 NON-CERTIFIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE BY  LINE,
VAULT COPY BIRTH CERTIFICATE AND/OR MEDICAL HISTORY FORM, IF AVAILABLE.
  S 10. This act shall take effect on the first of January next succeed-
ing  the  date  on  which 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.

co-Sponsors

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multi-Sponsors

View additional multi-sponsors

2013-A909A (ACTIVE) - Details

See Senate Version of this Bill:: S2490
Current Committee:: Assembly Codes
Law Section:: Domestic Relations Law
Laws Affected:: Amd §4138-c, Pub Health L; amd §114, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8910, S5783
2015-2016: A2901, S3314
2017-2018: A5036

2013-A909A (ACTIVE) - Summary

Relates to adoptee rights.

2013-A909A (ACTIVE) - Bill Text download pdf

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

                                 909--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. WEPRIN, BORELLI, MOSLEY, OTIS, BENEDETTO, GARBAR-
  INO,  HOOPER,  TITUS, GOLDFEDER, ROSA, SEPULVEDA, ORTIZ, MAYER, AUBRY,
  PICHARDO, CUSICK, BRINDISI, SKOUFIS -- Multi-Sponsored by -- M. of  A.
  ARROYO, BARRETT, BROOK-KRASNY, BUTLER, CAMARA, CERETTO, CLARK, COLTON,
  COOK,  CURRAN, DINOWITZ, DiPIETRO, DUPREY, ENGLEBRIGHT, FAHY, FARRELL,
  GALEF, GIGLIO, GJONAJ, GOTTFRIED, GRAF, GUNTHER, HAWLEY, JOHNS,  KATZ,
  KELLNER,  KOLB,  LALOR,  LAVINE, LIFTON, P. LOPEZ, LUPARDO, LUPINACCI,
  MAGEE, MAGNARELLI, MALLIOTAKIS, McDONALD, McDONOUGH, McKEVITT, MILLER,
  MILLMAN,  MONTESANO,   MOYA,   OAKS,   PALMESANO,   PALUMBO,   PAULIN,
  PEOPLES-STOKES,  PERRY,  PRETLOW,  RA,  RAIA,  RAMOS, RIVERA, ROBERTS,
  ROBINSON, RODRIGUEZ, ROSENTHAL, RYAN, SCARBOROUGH,  SCHIMEL,  SIMANOW-
  ITZ,  SKARTADOS,  SOLAGES,  STEC,  THIELE, TITONE, WALTER, WEISENBERG,
  WRIGHT, ZEBROWSKI -- read once and referred to the Committee on Health
  -- recommitted to the Committee on Health in accordance with  Assembly
  Rule  3,  sec. 2 -- 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 domestic relations law and the public health law, in
  relation to adoptee rights

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

  Section 1. Legislative findings. The  legislature  hereby  states  its
intention to acknowledge, support and encourage the life-long health and
well-being  of persons who have been and will be adopted in the state of
New York. The legislature  further  recognizes  that  the  inability  to
access  accurate  and  complete medical and self-identifying data of any
adopted person may result  in  such  person  succumbing  to  preventable
disease,  premature  death  or  otherwise  unhealthy  life. As such, the
provisions of this act seek to establish considerations  under  the  law
for  adopted  persons  to access their birth information while providing

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

                                                           LBD02906-04-4

A. 909--A                           2

for the privacy of an adopted person and his or her birth  and  adoptive
families.
  S  2.  Subdivision  2 of section 114 of the domestic relations law, as
amended by chapter 559 of the laws of 1992 and as designated by  chapter
601 of the laws of 1994, is amended to read as follows:
  2.  No  person,  including the attorney for the adoptive parents shall
disclose the surname of the child directly or indirectly to the adoptive
parents except upon order of the  court.  No  person  shall  be  allowed
access  to  such  sealed  records and order and any index thereof except
upon an order of a judge or surrogate of the court in  which  the  order
was  made or of a justice of the supreme court.  [No] EXCEPT AS PROVIDED
IN SUBDIVISIONS FOUR AND FIVE OF THIS SECTION, NO order  for  disclosure
or access and inspection shall be granted except on good cause shown and
on  due notice to the adoptive parents and to such additional persons as
the court may direct.  Nothing  contained  herein  shall  be  deemed  to
require  the  state  commissioner  of  health  or his OR HER designee to
secure a court order authorizing disclosure of information contained  in
adoption or birth records requested pursuant to the authority of section
forty-one  hundred  thirty-eight-c  or section forty-one hundred thirty-
eight-d of the public health law; upon the receipt of such  request  for
information,  the  court shall transmit the information authorized to be
released thereunder to the state commissioner of health or  his  OR  HER
designee.
  S  3. Section 114 of the domestic relations law is amended by adding a
new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW: (A)  AN  ADOPTED
PERSON WHO HAS ATTAINED THE AGE OF EIGHTEEN YEARS MAY APPLY TO THE COURT
IN  WHICH  THE  ORDER  OF ADOPTION WAS MADE, OR TO THE SUPREME COURT, TO
REQUEST AN ORDER RELEASING A NON-CERTIFIED COPY OF HIS OR  HER  ORIGINAL
LONG FORM BIRTH CERTIFICATE, OR WHERE NO BIRTH CERTIFICATE IS AVAILABLE,
THE  IDENTIFYING  INFORMATION  OF HIS OR HER BIRTH PARENT OR PARENTS, IN
ACCORDANCE WITH THIS SUBDIVISION. SUCH APPLICATION SHALL INCLUDE  SUFFI-
CIENT PROOF OF IDENTITY OF SUCH ADOPTED PERSON.
  (B)  UPON  RECEIPT OF AN APPLICATION PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE COURT SHALL PROVIDE THE STATE DEPARTMENT OF HEALTH,  OR
ORDER THAT SUCH DEPARTMENT BE PROVIDED, WITH THE IDENTIFYING INFORMATION
OF  THE  ADOPTED PERSON'S BIRTH PARENT OR PARENTS AND DIRECT THE DEPART-
MENT OF HEALTH TO MAKE A REASONABLE AND GOOD FAITH EFFORT, DOCUMENTED IN
WRITING AND COMPLETED WITHIN ONE HUNDRED  TWENTY  DAYS,  TO  NOTIFY  THE
BIRTH  PARENT  OR  PARENTS  AND  ADVISE  SUCH PARENT OR PARENTS THAT THE
ADOPTED PERSON HAS MADE AN APPLICATION  PURSUANT  TO  THIS  SUBDIVISION.
SUCH  NOTIFICATION  AND  ADVISORY  GIVEN SHALL COMPLY WITH ANY TERMS AND
CONDITIONS SET FORTH BY THE COURT AND SHALL BE MADE BY MEANS DESIGNED TO
BE SENSITIVE TO THE PERSONAL NATURE OF THE  MATTER.  THE  DEPARTMENT  OF
HEALTH  SHALL,  BEFORE  MAKING  EFFORTS  TO  NOTIFY  THE BIRTH PARENT OR
PARENTS, DETERMINE WHETHER SUCH PARENT OR PARENTS HAVE ALREADY  FILED  A
WRITTEN CONFIRMATION WITH THE COURT OR THE DEPARTMENT OF HEALTH PURSUANT
TO  PARAGRAPH  (H)  OF  THIS  SUBDIVISION OR A BIRTH PARENT REGISTRATION
CONSENT FORM WITH THE ADOPTION INFORMATION REGISTRY PURSUANT TO SUBDIVI-
SION TEN OF SECTION  FORTY-ONE  HUNDRED  THIRTY-EIGHT-C  OF  THE  PUBLIC
HEALTH  LAW.  WHERE  SUCH  CONFIRMATION  OR CONSENT FORM IS ON FILE, THE
DEPARTMENT OF HEALTH SHALL NOTIFY THE COURT AND NO SUCH EFFORTS TO NOTI-
FY THE PARENT SHALL BE MADE.
  (C) UPON NOTIFICATION PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVISION,
OR  EARLIER  AT THE DISCRETION OF THE BIRTH PARENT PURSUANT TO PARAGRAPH
(H) OF THIS SUBDIVISION, SUCH BIRTH PARENT MAY COMPLETE  A  WRITTEN  AND

A. 909--A                           3

NOTARIZED CONFIRMATION THAT HE OR SHE WISHES TO MAINTAIN CONFIDENTIALITY
OF IDENTIFYING INFORMATION, OR THAT HE OR SHE CONSENTS TO THE RELEASE OF
IDENTIFYING INFORMATION.
  (D) UPON RECEIPT OF SUCH WRITTEN CONFIRMATION, OR WHERE THE PARENT HAS
COMPLETED  A BIRTH PARENT REGISTRATION CONSENT FORM PURSUANT TO SUBDIVI-
SION TEN OF SECTION  FORTY-ONE  HUNDRED  THIRTY-EIGHT-C  OF  THE  PUBLIC
HEALTH  LAW, THE DEPARTMENT OF HEALTH SHALL NOTIFY THE COURT AND PROVIDE
THE COURT WITH THE WRITTEN CONFIRMATION OR CONSENT FORM, AS THE CASE MAY
BE, COMPLETED BY THE BIRTH PARENT. WHERE  SUCH  CONSENT  FORM  HAS  BEEN
REVOKED  BY A BIRTH PARENT, THE DEPARTMENT OF HEALTH SHALL SO NOTIFY THE
COURT AND SUCH REVOCATION SHALL BE CONSIDERED BY THE COURT AS A  REQUEST
FOR CONTINUED CONFIDENTIALITY OF IDENTIFYING INFORMATION.
  (I)  IF THE BIRTH PARENT CONSENTS TO THE RELEASE OF IDENTIFYING INFOR-
MATION, THE COURT SHALL (A) ORDER THE RELEASE OF A NON-CERTIFIED COPY OF
THE LONG-FORM BIRTH CERTIFICATE TO THE ADOPTED PERSON, OR (B) WHEN  SUCH
BIRTH  CERTIFICATE IS NOT AVAILABLE, ORDER THAT THE IDENTIFYING INFORMA-
TION BE MADE AVAILABLE TO THE ADOPTED PERSON.
  (II) IF THE BIRTH PARENT REQUESTS CONTINUED CONFIDENTIALITY, THE COURT
SHALL DIRECT THE RELEASE OF A NON-CERTIFIED COPY OF  THE  BIRTH  CERTIF-
ICATE  WITH  THE IDENTIFYING INFORMATION REGARDING SUCH PARENT REDACTED,
AND SHALL PROVIDE SUCH ADOPTED PERSON WITH SUCH REDACTED COPY AND FILE A
COPY OF THE REDACTED VERSION IN THE COURT  RECORD.  SUCH  REDACTED  COPY
SHALL  INCLUDE  NON-IDENTIFYING  INFORMATION  AS THAT TERM IS DEFINED IN
SUBDIVISION THREE OF SECTION FORTY-ONE  HUNDRED  THIRTY-EIGHT-C  OF  THE
PUBLIC HEALTH LAW.
  (III)  WHERE  THERE ARE TWO IDENTIFIED BIRTH PARENTS AND ONLY ONE SUCH
PARENT  HAS  REQUESTED  CONFIDENTIALITY,  THE  IDENTIFYING   INFORMATION
REGARDING  THE  OTHER  PARENT  MAY,  IN  THE DISCRETION OF THE COURT, BE
RELEASED TO THE ADOPTED PERSON IN ACCORDANCE WITH THIS SUBDIVISION.  THE
CONSENT  OF ONE PARENT SHALL NOT BE CONSTRUED TO BE CONSENT BY THE OTHER
PARENT.
  THE COURT SHALL ISSUE A WRITTEN  ORDER  WHEN  MAKING  A  DETERMINATION
PURSUANT TO SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH.
  (E)  (I)  IF AFTER REASONABLE AND GOOD FAITH EFFORTS PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, THE BIRTH PARENT IS UNABLE TO BE NOTIFIED
OR DOES NOT RESPOND TO SUCH NOTIFICATION, THE DEPARTMENT OF HEALTH SHALL
SO NOTIFY THE COURT. UNLESS THE COURT, IN ITS DISCRETION, FOR GOOD CAUSE
SPECIFIED IN ITS ORDER,  DETERMINES  THAT  THE  RELEASE  OF  SUCH  BIRTH
CERTIFICATE  OR  IDENTIFYING INFORMATION WOULD BE CLEARLY DETRIMENTAL TO
THE WELFARE OF THE BIRTH OR  ADOPTIVE  PARENTS,  THE  COURT  SHALL:  (A)
RELEASE,  OR DIRECT THE RELEASE OF, AN UNREDACTED, NON-CERTIFIED COPY OF
THE LONG-FORM BIRTH CERTIFICATE TO THE ADOPTED PERSON, OR  (B)  IF  SUCH
BIRTH CERTIFICATE IS NOT AVAILABLE, RELEASE OR DIRECT THE RELEASE OF THE
IDENTIFYING  INFORMATION  THAT  WOULD  HAVE  APPEARED  ON  THE  ORIGINAL
LONG-FORM BIRTH CERTIFICATE. FOR THE PURPOSES OF  THIS  PARAGRAPH,  GOOD
CAUSE  SHALL  INCLUDE,  BUT  IS  NOT LIMITED TO, EVIDENCE CONCERNING THE
WISHES OF THE BIRTH PARENT REGARDING CONFIDENTIALITY AS EXPRESSED AT THE
TIME OF THE ADOPTION OR SURRENDER. THE COURT SHALL ISSUE A WRITTEN ORDER
WHEN MAKING A DETERMINATION PURSUANT TO THIS PARAGRAPH.
  (II) WHERE THE COURT DETERMINES NOT TO  RELEASE  AN  UNREDACTED  BIRTH
CERTIFICATE  PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COURT
SHALL DIRECT THE RELEASE OF A NON-CERTIFIED COPY OF  THE  BIRTH  CERTIF-
ICATE  WITH  THE  IDENTIFYING  INFORMATION REGARDING THE BIRTH PARENT OR
PARENTS REDACTED, AND  SHALL  PROVIDE  SUCH  ADOPTED  PERSON  WITH  SUCH
REDACTED COPY.

A. 909--A                           4

  (F) UPON THE CONSENT OF A BIRTH PARENT TO RELEASE IDENTIFYING INFORMA-
TION  PURSUANT  TO  THIS  SUBDIVISION,  THE  DEPARTMENT  OF HEALTH SHALL
PROVIDE SUCH PARENT WITH  A  CONTACT  PREFERENCE  FORM  THAT  SHALL,  IF
COMPLETED  BY  THE BIRTH PARENT, ACCOMPANY A COPY OF A BIRTH CERTIFICATE
OR  OTHER  IDENTIFYING  INFORMATION PROVIDED TO THE ADOPTED PERSON UNDER
THIS SUBDIVISION AND BE FILED WITH  THE  ADOPTION  INFORMATION  REGISTRY
ESTABLISHED  BY  SECTION  FORTY-ONE HUNDRED THIRTY-EIGHT-C OF THE PUBLIC
HEALTH LAW. THE CONTACT PREFERENCE  FORM  SHALL  INCLUDE  THE  FOLLOWING
CONTENT TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
  (I) I AM WILLING TO OR WOULD LIKE TO BE CONTACTED.
  (II) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY.
  (III)  I  HAVE COMPLETED A MEDICAL HISTORY FORM AND HAVE FILED IT WITH
THE DEPARTMENT OF HEALTH.
  (IV) PLEASE DO NOT CONTACT ME. IF I DECIDE LATER THAT I WOULD LIKE  TO
BE  CONTACTED,  I  WILL SUBMIT AN UPDATED CONTACT PREFERENCE FORM TO THE
COURT OR THE DEPARTMENT OF HEALTH.
  (V) ADD ANY ADDITIONAL INFORMATION HERE (IF DESIRED):
  THE MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE  DEPART-
MENT  OF HEALTH AND SHALL BE SUPPLIED TO THE BIRTH PARENT WITH A CONTACT
PREFERENCE FORM.
  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 SEPARATE SEALED ENVELOPES  UPON
RECEIPT FROM THE BIRTH PARENT.
  THE  SEALED  ENVELOPES  CONTAINING  THE  CONTACT  PREFERENCE  FORM AND
MEDICAL HISTORY FORM SHALL BE RELEASED TO A PERSON REQUESTING HIS OR HER
BIRTH CERTIFICATE UNDER THIS SUBDIVISION OR HIS OR HER  AGENT,  SUCH  AS
HIS  OR HER ATTORNEY, WITH APPROPRIATE AUTHORIZATION.  THE CONTACT PREF-
ERENCE FORM AND MEDICAL HISTORY FORM ARE PRIVATE COMMUNICATIONS FROM THE
BIRTH PARENT TO THE PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND  NO
COPIES OF THE FORMS SHALL BE RETAINED BY THE COURT.
  (G)  THE DEPARTMENT OF HEALTH SHALL DEVELOP AN AFFIRMATIVE INFORMATION
CAMPAIGN AND WIDELY DISSEMINATE TO  THE  PUBLIC,  THROUGH  ITS  WEBSITE,
PUBLIC  SERVICE ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES AND
THROUGH MULTIPLE OUTLETS, INFORMATION CONCERNING THE  ADOPTION  INFORMA-
TION REGISTRY ESTABLISHED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C OF
THE PUBLIC HEALTH LAW AND THE PROVISIONS OF THIS SUBDIVISION, INCLUDING,
BUT NOT LIMITED TO, THE MEANS BY WHICH A BIRTH PARENT MAY FILE A WRITTEN
CONFIRMATION  PURSUANT  TO  PARAGRAPH  (H)  OF THIS SUBDIVISION WITH THE
COURT THAT ORDERED THE ADOPTION OR THE DEPARTMENT OF HEALTH THAT  HE  OR
SHE  WISHES  TO MAINTAIN THE CONFIDENTIALITY OF IDENTIFYING INFORMATION,
OR CONSENTS TO THE RELEASE OF SUCH IDENTIFYING INFORMATION.
  (H) A BIRTH PARENT MAY, AT ANY TIME,  FILE  A  WRITTEN  AND  NOTARIZED
CONFIRMATION  WITH  THE  COURT  THAT  ORDERED  THE  ADOPTION OR WITH THE
DEPARTMENT OF HEALTH INDICATING THAT HE OR SHE WISHES TO MAINTAIN CONFI-
DENTIALITY OF IDENTIFYING INFORMATION OR THAT HE OR SHE CONSENTS TO  THE
RELEASE OF IDENTIFYING INFORMATION. THE DEPARTMENT OF HEALTH SHALL NOTI-
FY THE COURT AND PROVIDE THE COURT WITH A COPY OF SUCH WRITTEN CONFIRMA-
TION. THE COURT SHALL HONOR SUCH WRITTEN CONFIRMATION UNLESS IT IS WITH-
DRAWN OR MODIFIED, IN NOTARIZED WRITING, BY THE BIRTH PARENT.
  (I)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, "ADOPTED PERSON" SHALL
INCLUDE A PERSON WHO WAS SURRENDERED AS DESCRIBED IN  SUBDIVISION  SEVEN
OF ARTICLE SECTION ONE HUNDRED NINE OF THIS ARTICLE.
  S  4.  Subdivision  10  of section 4138-c of the public health law, as
added by chapter 435 of the laws of 2008, is amended and a new  subdivi-
sion 10-a is added to read as follows:

A. 909--A                           5

  10.  The  commissioner  is directed to develop an adoption information
registry birth parent registration consent form to be completed  at  the
time of surrender or consent to adoption. Such form shall include check-
off boxes to be appropriately marked by the biological parent or parents
whose consent is necessary for the relinquishment of such child indicat-
ing  whether  or  not such parent consents to the receipt of identifying
information AND A NON-CERTIFIED COPY OF THE ORIGINAL  BIRTH  CERTIFICATE
by  the  child  to  be adopted. A copy of such form shall be sent to the
department with copies of the original and amended  birth  certificates.
Such  form shall state that it is the responsibility of the birth parent
to update the registry with any changes in contact information. The form
shall additionally advise the biological parents of the adoption medical
information sub-registry and the procedures by which a birth parent  may
provide  medical  information  to  the sub-registry. Notwithstanding any
inconsistent provision of law  to  the  contrary,  the  commissioner  is
directed  to develop any rules and regulations necessary to expedite the
transfer of information from any agency, court or  department  necessary
to implement this subdivision.
  10-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA-
RY,  FOR  SURRENDERS OCCURRING AND ORDERS OF ADOPTIONS ENTERED AFTER THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN  THAT
ADDED  THIS  SUBDIVISION,  WHERE  THE BIOLOGICAL PARENT OR PARENTS WHOSE
CONSENT IS NECESSARY FOR THE RELINQUISHMENT OF SUCH  CHILD  CONSENTS  TO
THE  RELEASE  OF  A  NON-CERTIFIED  COPY  OF  THE CHILD'S ORIGINAL BIRTH
CERTIFICATE OR DOES NOT AFFIRMATIVELY REQUEST, ON THE FORM DESCRIBED  IN
SUBDIVISION  TEN  OF  THIS SECTION, THAT SUCH ORIGINAL BIRTH CERTIFICATE
REMAIN CONFIDENTIAL, THE SURRENDERED  OR  ADOPTED  PERSON  SHALL,  AFTER
ATTAINING THE AGE OF EIGHTEEN AND UPON APPLICATION TO THE DEPARTMENT AND
ADEQUATE  PROOF  OF  IDENTITY, HAVE THE RIGHT TO RECEIVE A NON-CERTIFIED
COPY OF THEIR ORIGINAL BIRTH CERTIFICATE.
  S 5. This act shall take effect January 15, 2015,  provided,  however,
that  paragraphs  (g)  and  (h)  of  subdivision 5 of section 114 of the
domestic relations law, as added by section three  of  this  act,  shall
take effect on the thirtieth day after such effective date.

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Assembly Bill A909A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A909 - Details

2013-A909 - Summary

2013-A909 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A909A (ACTIVE) - Details

2013-A909A (ACTIVE) - Summary

2013-A909A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A909A

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Sponsored By

WEPRIN

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Joseph Borelli

Walter T. Mosley

Steven Otis

Michael Benedetto

multi-Sponsors

Carmen E. Arroyo

Didi Barrett

Alec Brook-Krasny

Marc Butler

2013-A909 - Details

2013-A909 - Summary

2013-A909 - Bill Text download pdf

co-Sponsors

Joseph Borelli

Walter T. Mosley

Steven Otis

Michael Benedetto

multi-Sponsors

Carmen E. Arroyo

Didi Barrett

Alec Brook-Krasny

Marc Butler