senate Bill S537B

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:
A6368B
Versions:
S537
S537A
S537B
Legislative Cycle:
2011-2012
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง4138-c, Pub Health L
Versions Introduced in 2009-2010 Legislative Cycle:
S1842, S1842

Sponsor Memo

BILL NUMBER:S537B

TITLE OF BILL:
An act
to amend the public health law, in relation to the
release of
a non-certified copy of the birth certificate of an adoptee
without a court order

PURPOSE:
Allows for the release of a non-certified copy of an original birth
certificate to an adoptee 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: Amends Public Health Law section 4138-c(5) to authorize an
Adoptee to have access a non-certified copy of his or her original
birth certificate without the necessity of obtaining a court order.
Such document can be provided if 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 180 days 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 on the 180th day after it shall
become law, with provisions.

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

                                 537--B

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

AN  ACT  to amend the public health law, in relation to the release of a
  non-certified copy of the birth certificate of an  adoptee  without  a
  court order

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

  Section 1.  Subdivision 5 of section 4138-c of the public  health  law
is amended by adding a new paragraph (c) to read as follows:
  (C)  IF THE DEPARTMENT DETERMINES THAT THERE IS A CORRESPONDING REGIS-
TRATION FOR THE ADOPTEE AND FOR EITHER OF THE BIRTH  PARENTS,  AND  EACH
HAS  CONSENTED TO THE RELEASE OF IDENTIFYING INFORMATION ABOUT THE BIRTH
PARENTS AND THE ADOPTEE, RESPECTIVELY, THE DEPARTMENT SHALL  NOTIFY  THE
COURT  WHEREIN  THE  ADOPTION  OCCURRED THAT A NON-CERTIFIED COPY OF THE
ADOPTEE'S ORIGINAL BIRTH CERTIFICATE, IF AVAILABLE,  SHALL  BE  PROMPTLY
RELEASED  TO  THE  ADOPTEE WITHOUT NECESSITY OF A COURT ORDER. PROVIDED,
THAT IF ONLY ONE  BIRTH  PARENT  EXECUTED  THE  SURRENDER  AGREEMENT  OR
CONSENTED  TO  THE  ADOPTION,  THEN  THE REGISTRATION OF THE OTHER BIRTH
PARENT IN THE REGISTRY SHALL NOT BE NECESSARY FOR THE RELEASE OF SUCH  A
BIRTH CERTIFICATE PURSUANT TO THIS PARAGRAPH.
  S 2. This act shall take effect on the one hundred eightieth day 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.
                                                           LBD04344-06-1

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