senate Bill S537

Amended

Allows release of non-certified copy of birth certificate to adoptee without court order if adoptee and a birth parent register with state's adoption registry

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CHILDREN AND FAMILIES
  • 14 / Apr / 2011
    • AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • 14 / Apr / 2011
    • PRINT NUMBER 537A
  • 13 / May / 2011
    • AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • 13 / May / 2011
    • PRINT NUMBER 537B
  • 19 / May / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO HEALTH
  • 04 / Jan / 2012
    • REFERRED TO HEALTH

Summary

Allows release of non-certified copy birth certificate to adoptee without court order if adoptee and birth parent register with state's adoption registry.

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Bill Details

See Assembly Version of this Bill:
A6368
Versions:
S537
S537A
S537B
Legislative Cycle:
2011-2012
Current Committee:
Senate Health
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง114, Dom Rel L
Versions Introduced in 2009-2010 Legislative Cycle:
S1842, S1842

Sponsor Memo

BILL NUMBER:S537

TITLE OF BILL:

An act
to amend the domestic relations law, in relation to adoption records

PURPOSE:

Allows the release of birth certificates to adoptive persons without a
court order as long as the persons and birth parents register with
the state's adoption registry and consent to such release.

SUMMARY OF PROVISIONS:

Section 1 amends section 114 of the domestic relations law by adding a
new subdivision 5 authorizing an adopted person who has reached his
or her majority to access his or her original birth certificate
without the necessity of a court order upon proof to the court in
which the order was granted that the adopted person and his or her
birth parents have registered with the state's adoption registry and
have consented to the release of this identifying information. If
only one birth parent executed the surrender agreement or consented
to the adoption, then the registration of the other parent is not
necessary for the release of information pursuant to this subdivision.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:

There are three kinds of information currently available to adoptees
who register with the Adoption Information Registry maintained by the
State Department of Health: non-identifying, identifying, and
health-related information. Non-identifying information about an
adoptee's birth parents is often furnished by adoption agencies and
can include religion, ethnicity, race, education, occupation, etc;
the name of the agency that arranged the adoption; and the facts and
circumstances relating to the nature and cause of the adoption. This
information is available even if the birth parents have not
registered with the state. Identifying information - name and address
of each party - is only shared if the adoptee and his or her birth
parents have all registered and given consent for this information to
be released. Medical information can also be furnished by a birth
parent regardless of whether or not that person consents to the
release of identifying information.

This bill would apply only to those situations where an adoptee and
any required birth parents have all registered and consented to the
release
of identifying information. It would allow willing adoptees with
willing biological parents to have access to their original birth
certificates without the added burden of having to obtain an order
from the court in which the original adoption order was granted.

LEGISLATIVE HISTORY:


2010 - S.1842 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES
2008 - S.2261 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES
2006 - S.4792 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   537

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the domestic relations  law,  in  relation  to  adoption
  records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 114 of the domestic relations  law  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  AN  ADOPTIVE  PERSON  WHO HAS REACHED HIS OR HER MAJORITY MAY HAVE
ACCESS TO HIS OR HER ORIGINAL BIRTH CERTIFICATE WITHOUT THE NECESSITY OF
A COURT ORDER UPON PROOF TO THE COURT IN WHICH  THE  ORDER  WAS  GRANTED
THAT  THE  ADOPTIVE PERSON AND HIS OR HER BIOLOGICAL PARENTS HAVE REGIS-
TERED WITH THE STATE'S ADOPTION  REGISTRY  AND  HAVE  CONSENTED  TO  THE
RELEASE  OF  THE  IDENTIFYING INFORMATION. IF ONLY ONE BIOLOGICAL PARENT
EXECUTED THE SURRENDER AGREEMENT OR CONSENTED TO THE ADOPTION, THEN  THE
REGISTRATION  OF  THE OTHER BIOLOGICAL PARENT IN SAID REGISTRY SHALL NOT
BE NECESSARY FOR THE RELEASE OF THE INFORMATION PURSUANT TO THIS  SUBDI-
VISION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04344-01-1

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