senate Bill S537A

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:
A6368A
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:S537A

TITLE OF BILL:

An act
to amend the domestic relations law, in relation to release of
a non-certified copy of the birth certificate of an adoptive person
without a court order

PURPOSE:

Allows for the release of a non-certified copy of an original birth
certificate to adoptive persons without the need to obtain a court
order for such document as long as such adoptive person and birth
parents register with the state's adoption registry and consent to
such release.

SUMMARY OF PROVISIONS:

Section 1: Adds a new Domestic Relations Law section (5) to authorize
an adopted person who 18 years or older to access a non-certified
copy of his or her original birth certificate without the necessity
of obtaining 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: This law becomes effective one year after it shall have
become law.

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 a non-certified


copy of their original birth certificate 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 one year after it shall have become law.

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

                                 537--A

                       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  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the domestic relations law, in relation to release of  a
  non-certified  copy  of  the  birth  certificate of an adoptive person
  without a court order

  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 THE AGE  OF  EIGHTEEN  MAY  HAVE
ACCESS  TO  A NON-CERTIFIED COPY OF THEIR ORIGINAL BIRTH CERTIFICATE, IF
AVAILABLE, WITHOUT THE NECESSITY OF OBTAINING A COURT ORDER. UPON APPLI-
CATION TO SUCH COURT, THE COURT SHALL RELEASE A  NON-CERTIFIED  COPY  OF
SUCH  BIRTH  CERTIFICATE TO SUCH ADOPTIVE PERSON UPON PROOF TO THE COURT
IN WHICH AN ORDER WAS GRANTED THAT THE ADOPTED PERSON  AND  HIS  OR  HER
BIRTH PARENTS HAVE REGISTERED WITH THE STATE ADOPTION INFORMATION REGIS-
TRY  PURSUANT  TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C OF THE PUBLIC
HEALTH LAW AND HAVE CONSENTED TO THE RELEASE OF THE IDENTIFYING INFORMA-
TION. 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 SUCH
BIRTH CERTIFICATE PURSUANT TO THIS SUBDIVISION.
  S 2. This act shall take effect one year after it shall have become  a
law,  provided,  that,  effective immediately, any rules and regulations
necessary to implement the provisions of this act on its effective  date
are  authorized  and directed to be amended, added and/or repealed on or
before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04344-04-1

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