§ 4138-d. Mutual consent voluntary adoption registry. 1. A mutual
consent voluntary adoption registry may be established and maintained by
each authorized agency involved in an adoption. Persons eligible to
receive identifying information may work through the agency involved in
the adoption. If that agency has merged or ceased operations, a
successor agency which has the files pertaining to adoptions in which
the ceased or merged agency was involved may establish and maintain a
mutual consent voluntary adoption registry concerning those adoptions.
Any authorized agency which establishes and maintains a mutual consent
voluntary adoption registry pursuant to this section shall notify the
department of the name and address of such agency, together with such
other information the department may require.

2. The agency shall accept, at any time, and maintain the verified
registration of the birth parents of an adoptee. The agency shall accept
and maintain the verified registration of an adoptee or of the
biological sibling of an adoptee if such adoptee was born in this state,
or was born in any other state within the United States, or in the
District of Columbia, and his or her adoption occurred within this
state, no sooner than eighteen years after the adoptee's birth or in the
case of a biological sibling registrant, no sooner than the longer of
eighteen years after the birth of the adoptee or eighteen years after
the birth of the biological sibling; provided however, that any person
whose registration was accepted may withdraw such registration prior to
the release of any identifying information.

3. Upon acceptance of a registration pursuant to this section, the
agency shall search the records of the agency to determine whether the
agency was involved in such adoption.

(a) If the agency determines that the agency was not involved in such
adoption, it shall notify the registrant that no record exists of the
adoption and refer the registrant to the department's adoption
information registry operated pursuant to section forty-one hundred
thirty-eight-c of this title.

(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 adopted person.

4. Upon acceptance of a registration pursuant to this section, the
department shall search the records of the department to determine
whether the adoptee's adoption occurred within the state. The department
shall establish an authorized agency fee schedule for search costs and
registry costs of an authorized agency.

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

5. 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 agency
shall release identifying information about the consenting registrants
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) Any employee of the 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 existence
of the adoption information registry.

(b) Any person who unlawfully discloses any information in the mutual
consent voluntary adoption 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 mutual
consent voluntary adoption registry shall be subject to dismissal for
such violation.

7. Upon receipt of identifying information from the department
pursuant to section four thousand one hundred thirty-eight-c of this
article, the agency shall promptly release identifying information to
all the registrants. Such identifying information shall be limited to
the names and addresses of the registrants and shall not include any
other information contained in the adoption or birth records or other
records maintained by the agency. However, nothing in this section shall
be construed to prevent the release of adoption records as otherwise
permitted by law.

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.