§ 4138-c. Adoption information registry. 1. There shall be established
in the department an adoption information registry operated by employees
of the department specifically designated by the commissioner. Access to
all records and information in the registry shall be limited to such
designated employees and such records and information shall be kept
strictly confidential except as specifically authorized by law. The
commissioner shall establish rules and procedures designed to keep such
records and information separate and apart from other records of the
department and kept in a manner where access to such records and
information is strictly limited to such designated employees and shall
promulgate regulations designed to effectuate the purposes of this
section. Notwithstanding any inconsistent provision of the domestic
relations law or any other law to the contrary, the commissioner shall
have access to the information authorized to be released pursuant to
this section contained in birth and adoption records of any agency,
court or department having appropriate records which will enable the
commissioner to effectuate the purposes of this section and may require
the cooperation of such agency, court or department in providing the
information authorized to be released pursuant to this section,
provided, however, that the commissioner shall not have access to the
actual adoption records of any agency, court or department maintaining
such records.

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.

2. Upon application for registration by an adoptee not born in this
state, or by a birth parent or biological sibling of such an adoptee,
the department shall, to the extent practicable, determine whether the
adoptee's adoption occurred within this state. If the department
determines 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 transmitted by an agency pursuant to section forty-one
hundred thirty-eight-d of this title, or of the birth parents of an
adoptee who was born in this state. The registry shall 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. Any person whose registration was 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 identification, including the
name and address, of known biological siblings of the adoptee. The
adoptee may upon registration, or any time thereafter, 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 disseminating
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.

3. For the purposes of this section, the term "non-identifying
information" shall only include the following information, if known,
concerning the adoptee, parents and biological siblings of an adoptee:

(a) Age of the parents in years, at birth of such adoptee.

(b) Heritage of the parents, which shall include nationality, ethnic
background and race.

(c) Education, which shall be the number of years of school completed
by the parents at the time of birth of such adoptee.

(d) General physical appearance of the parents at the time of the
birth of such adoptee, which shall include height, weight, color of
hair, eyes, skin and other information of similar nature.

(e) Religion of parents.

(f) Occupation of parents.

(g) Health history of parents.

(h) Talents, hobbies and special interests of parents.

(i) Facts and circumstances relating to the nature and cause of the
adoption.

(j) Name of the authorized agency involved in such adoption.

(k) The existence of any known biological siblings.

(l) The number, sex and age, at the time of the adoptee's adoption, of
any known biological siblings.

4. Upon acceptance of a registration of an adoptee born in this state,
or by a birth parent or biological 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 this state.
After making a determination, to the extent practicable, as to whether
an adoptee's adoption occurred within this state pursuant to subdivision
two of this section, or upon completing a search of the records pursuant
to this subdivision:

(a) If the department determines that the adoption occurred within
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 authorized
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-identifying 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 department 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 agency 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
within the state, it shall notify the adoptee registrant that no record
exists of the adoption occurring within the state.

5. Upon acceptance of a registration pursuant to this section, the
department shall search the registry to determine whether the adoptee,
any biological sibling of the adoptee, or birth parents of the adoptee
is also registered.

(a) If the department determines the adoptee is not in contact with a
biological sibling under the age of eighteen and that there is a
corresponding registration for the adoptee, for either of the birth
parents, and/or for the biological sibling registrant, it shall notify
the court wherein the adoption occurred and the department shall notify
all such persons that a corresponding match has been made and request
such persons' final consent to the release of identifying information.

(b) If the department determines that there is no corresponding
registration for the adoptee, for either of the birth parents, and/or
for a biological sibling of the adoptee, it shall notify the registering
person that no corresponding match has been made. The department shall
not solicit or request the consent of the non-registered person or
persons.

6. Upon receipt of a final consent 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 otherwise, 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 registrants 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.

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
adoptee 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
information and other information needed to identify the adopted person,
the department shall, to the extent practicable, determine if the
adoptee was adopted in New York state. If the adoptee was 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 determination, 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.

(e) Upon receipt from an adoptee aged eighteen years or older or the
parent of an adoptee of a registration, the department shall, to the
extent practicable, determine if the adoptee was adopted in New York
state. If the adoptee was 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
adoptee or parent of an adoptee.

(g) A fee shall not be required from a birth parent for providing
health information.

7. (a) Any employee of the department or any employee of an authorized
agency who solicits or causes another to solicit a registration for the
purposes of this section, except as otherwise permitted by law, shall be
guilty of a misdemeanor, provided, however, that solicitation shall not
include disclosure of the adoption information registry.

(b) Any person who unlawfully discloses any information in the
adoption information registry shall be guilty of a class A misdemeanor.

(c) Notwithstanding any other provision, any employee of the
department who unlawfully discloses any information in the adoption
information registry shall be subject to dismissal for such violation.

8. For purposes of this section: "authorized agency" or "agency" means
an authorized agency as defined in paragraphs (a) and (b) of subdivision
ten of section three hundred seventy-one of the social services law.

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
indicating whether or not such parent consents to the receipt of
identifying information 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.

11. Upon receipt of the adoption information registry birth parent
registration consent form required by section two hundred fifty-four of
the judiciary law, the commissioner of health of the city of New York
shall forward a copy of such consent form, copies of the original birth
certificate, the amended birth certificate and a copy of the
notification of adoption to the adoption information registry maintained
in accordance with this section.