Senate Bill S8605

2023-2024 Legislative Session

Provides that consenting registrants of the adoption information registry may pre-authorize the release of identifying information

download bill text pdf

Sponsored By

Current 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

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2023-S8605 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§4138-c & 206, Pub Health L

2023-S8605 (ACTIVE) - Summary

Provides that consenting registrants of the adoption information registry may pre-authorize the release of identifying information.

2023-S8605 (ACTIVE) - Sponsor Memo

2023-S8605 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8605
 
                             I N  S E N A T E
 
                             February 21, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  release  of
   identifying  information  of  consenting registrants from the adoption
   registry
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 6 of section 4138-c of the public health law,
 as amended by chapter 181 of the laws of 2010, is  amended  to  read  as
 follows:
   6.  Upon  receipt  of a final consent OR IF GIVEN PRE-AUTHORIZATION ON
 THE APPROPRIATE FORM by the adoptee, by 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  other-
 wise,  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 regis-
 trants to 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  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.
   §  2.  Section 206 of the public health law is amended by adding a new
 subdivision 32 to read as follows:
   32. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  FOR  THE
 CREATION OF A PRE-AUTHORIZATION FORM TO BE USED BY AN ADOPTEE, EITHER OF
 THE BIRTH PARENTS, AND/OR A BIOLOGICAL SIBLING TO CONSENT TO THE RELEASE
 OF THE CONSENTING REGISTRANTS' IDENTIFYING INFORMATION TO THE CONSENTING
 REGISTRANTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13810-01-3
              

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