NY State Senate Bill 2023-S8605

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

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 21, 2024	referred to health

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

                                 
BILL NUMBER: S8605

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the public health law, in relation to the release of
identifying information of consenting registrants from the adoption
registry

 
PURPOSE:

To expand opportunities to consent to the release of identifying infor-
mation held by the adoption registry.

 
SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 6 of section 4138-c of the public health
law by allowing registrants of an adoption registry to consent to the
release of identifying information via a form.

Section 2 amends section 206 of the public health law by adding a new
subdivision 32 which requires the commissioner to promulgate rules and

regulations relating to the creation of a pre-authorization form to be
used to consent by adoption registry registrants to consent to the
release of identifying information.

 
JUSTIFICATION:

Many people use New York's adoption registry to reconnect with their
family members. Due to the sensitivity of the information held by the
registry, including identifying information such as names and addresses,
New York State rightfully ensures the privacy of such infonnation by
requiting that all parties consent to its release. However, because
current law requires final consent from registrants, which must be given
at the time of the request rather than upon entering the registry, in
cases of death or serious injury it can become impossible for that final
consent to be given. In situations like this, their distanced family
members are often unable to learn that person's identity.

This legislation would facilitate the release of identifying information
in situations in which an individual would have wished for that informa-
tion to be released, but due to death or other circumstance, is at the
present time and despite their previous wishes unable to consent to that
release. It does so by directing the department of health to create a
form which can be used to consent in advance to the release of such
information upon request by another registrant.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

 S. 8605                             2
 
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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