S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3419
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Investigations  and
   Government Operations
 
 AN ACT to amend the public health law and the domestic relations law, in
   relation  to  authorizing adoptees to obtain a certified copy of their
   birth certificate

   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:
   § 4138-E. ADOPTEE'S RIGHT TO A CERTIFIED COPY  OF  HIS  OR  HER  BIRTH
 CERTIFICATE.  1. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWL-
 EDGE, SUPPORT AND ENCOURAGE THE LIFE-LONG HEALTH AND WELL-BEING NEEDS OF
 PERSONS WHO HAVE BEEN AND WILL BE ADOPTED IN THIS STATE. 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
 GOVERNMENT.  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
 WHILE PROVIDING FOR THE PRIVACY OF AN ADOPTED  PERSON  AND  HIS  OR  HER
 BIRTH.
   2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER OR
 A  LOCAL  REGISTRAR  OR  ANY  PERSON AUTHORIZED BY THE COMMISSIONER OR A
 LOCAL REGISTRAR, UPON APPLICATION, PROOF OF IDENTITY AND  PAYMENT  OF  A
 NOMINAL  FEE, SHALL ISSUE CERTIFIED COPIES OF ORIGINAL LONG FORM LINE BY
 LINE, VAULT COPY BIRTH CERTIFICATES, INCLUDING ANY  CHANGE  ATTACHED  TO
 THAT  CERTIFICATE  BY  A  BIRTH  PARENT  OR PARENTS, AND ANY INFORMATION
 PROVIDED TO THE COMMISSIONER OR A LOCAL REGISTRAR PURSUANT  TO  SUBDIVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09643-01-9

 S. 3419                             2
 
 SION  ONE OF SECTION ONE HUNDRED FOURTEEN OF THE DOMESTIC RELATIONS LAW,
 TO (I) AN ADOPTED PERSON, IF EIGHTEEN YEARS OF AGE OR MORE, OR  (II)  IF
 THE  ADOPTED  PERSON  IS  DECEASED,  THE  ADOPTED  PERSON'S  DIRECT LINE
 DESCENDANTS, OR (III) THE LAWFUL REPRESENTATIVES OF SUCH ADOPTED PERSON,
 OR  LAWFUL REPRESENTATIVES OF SUCH DECEASED ADOPTED PERSON'S DIRECT LINE
 DESCENDANTS, AS THE CASE MAY BE.
   (B) WHEN IT SHALL BE  IMPOSSIBLE  FOR  THE  COMMISSIONER  OR  A  LOCAL
 REGISTRAR  TO  PROVIDE A COPY OF AN ADULT ADOPTED PERSON'S ORIGINAL LONG
 FORM BIRTH CERTIFICATE (AS MAY OCCUR IN THE CASE OF  AN  ADOPTED  PERSON
 BORN  OUTSIDE  OF, BUT ADOPTED WITHIN, THE STATE AND SUCH CERTIFICATE IS
 NOT PART OF THE RECORDS OF THE COMMISSIONER OR A LOCAL  REGISTRAR),  THE
 TRUE  AND  CORRECT  INFORMATION ABOUT THE ADOPTED PERSON AND THE ADOPTED
 PERSON'S BIRTH PARENTS, INCLUDING THEIR  IDENTIFYING  INFORMATION,  THAT
 WOULD HAVE APPEARED ON SUCH ORIGINAL BIRTH CERTIFICATE SHALL BE PROVIDED
 TO:    (I) THE ADOPTED PERSON, IF EIGHTEEN YEARS OF AGE OR MORE, OR (II)
 IF THE ADOPTED PERSON IS DECEASED,  THE  ADOPTED  PERSON'S  DIRECT  LINE
 DESCENDANTS, OR (III) THE LAWFUL REPRESENTATIVES OF SUCH ADOPTED PERSON,
 OR  LAWFUL REPRESENTATIVES OF SUCH DECEASED ADOPTED PERSON'S DIRECT LINE
 DESCENDANTS, AS THE CASE MAY BE BY ANY AUTHORIZED AGENCY AS  DEFINED  IN
 PARAGRAPHS  (A)  AND  (B)  OF  SUBDIVISION  TEN OF SECTION THREE HUNDRED
 SEVENTY-ONE OF THE SOCIAL SERVICES LAW. IN SUCH CASE, THE  AGENCY  SHALL
 BE HELD HARMLESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
   (C)  FOR  PURPOSES  OF THIS SUBDIVISION, THE TERM "COMMISSIONER" SHALL
 INCLUDE THE STATE COMMISSIONER OF HEALTH, THE COMMISSIONER OF HEALTH AND
 MENTAL HYGIENE OF THE CITY OF NEW YORK AND FOR RECORDS OF BIRTH PRIOR TO
 JANUARY FIRST, NINETEEN HUNDRED FOURTEEN, THE LOCAL  REGISTRARS  OF  THE
 CITIES OF ALBANY, BUFFALO AND YONKERS.
   §  2.  Subdivision  4  of  section  4138  of the public health law, as
 amended by chapter 559 of the laws  of  1992,  is  amended  to  read  as
 follows:
   4. The commissioner may make a microfilm or other suitable copy of the
 original  certificate  of  birth  and  all  papers pertaining to the new
 certificate of birth. In such event, the original certificate and papers
 may be destroyed. All undestroyed certificates  and  papers  and  copies
 thereof  shall  be  confidential  and  the contents thereof shall not be
 released or otherwise divulged except by order of a court  of  competent
 jurisdiction  or  pursuant  to  section forty-one hundred thirty-eight-c
 [or], forty-one hundred  thirty-eight-d  OR  FORTY-ONE  HUNDRED  THIRTY-
 EIGHT-E of this [article] TITLE.
   §  3.  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
 APPLICATION IS MADE PURSUANT TO SECTION FOUR THOUSAND ONE HUNDRED  THIR-
 TY-EIGHT-E OF THIS TITLE.
   §  4.  Paragraph  (a)  of  subdivision 3 of section 4138 of the public
 health law, as amended by chapter 201 of the laws of 1972, is amended to
 read as follows:
   (a) When a new certificate of birth is  made  the  commissioner  shall
 substitute  such  new  certificate  for the certificate of birth then on
 file, if any, and shall send the registrar of the district in which  the
 birth  occurred  a  copy  of the new certificate of birth. The registrar

 S. 3419                             3
 
 shall make a copy of the new certificate for the local record  and  hold
 the  contents  of  the original local record confidential along with all
 papers and copies pertaining thereto. It shall not be released or other-
 wise  divulged  except  by order of a court of competent jurisdiction OR
 PURSUANT TO SECTION FOUR THOUSAND ONE  HUNDRED  THIRTY-EIGHT-E  OF  THIS
 TITLE.
   §  5.  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 APPLICATION IS
 MADE PURSUANT TO SECTION FOUR THOUSAND  ONE  HUNDRED  THIRTY-EIGHT-E  OF
 THIS TITLE.
   §  6. Section 4138 of the public health law is amended by adding a new
 subdivision 8 to read as follows:
   8. 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.
   §  7.   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.
   §  8. Section 4104 of the public health law, as amended by chapter 153
 of the laws of 2011, is amended to read as follows:
   § 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
 hundred  seventy-four,  paragraphs (b) and (e) of subdivision one, PARA-
 GRAPH (A) AND (B) OF SUBDIVISION THREE, AND SUBDIVISIONS FIVE AND  EIGHT
 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 thou-
 sand one hundred seventy-nine of this article, shall not  apply  to  the
 city of New York.
   §  9.  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

 S. 3419                             4
 
 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,  THE COMMISSIONER AND THE APPROPRIATE LOCAL REGISTRAR
 OF VITAL STATISTICS.  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

 S. 3419                             5
 
 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.
 FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "COMMISSIONER" SHALL MEAN
 THE  STATE COMMISSIONER OF HEALTH AND, WITH RESPECT TO AN ADOPTIVE CHILD
 BORN IN THE CITY OF NEW YORK, THE  COMMISSIONER  OF  HEALTH  AND  MENTAL
 HYGIENE OF THE CITY OF NEW YORK.
   §  10. This act shall take effect January 15, 2020, 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.