senate Bill S2490

Amended

Relates to adoptee rights

download pdf

Sponsor

Bill Status


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

actions

  • 17 / Jan / 2013
    • REFERRED TO HEALTH
  • 29 / Jan / 2013
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 29 / Jan / 2013
    • PRINT NUMBER 2490A
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 16 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 16 / Jun / 2014
    • PRINT NUMBER 2490B

Summary

Relates to adoptee rights.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A747
Versions:
S2490
S2490A
S2490B
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5783A, A2003B
2009-2010: A8410A

Sponsor Memo

BILL NUMBER:S2490

TITLE OF BILL: An act to amend the public health law, in relation to
creating the bill of adoptee rights

PURPOSE: To establish the Bill of Adoptee Rights.

SUMMARY OF PROVISIONS: The bill amends the public health law by
adding a new section, § 4136-e, to establish the "Sill of Adoptee
Rights", as of January 1, 2014 an adoptee, who is at least 18 years
old, may request and receive a certified copy of his or her original
birth. Such copy shall include a legend, appearing prominently on each
page of the document that states:"This is a certified copy of an
original birth certificate. This original birth certificate has been
superseded by another certificate on file with the appropriate
government agency."

Prior to January 1, 2014 a birth parent may, in writing confirm that
they wish to maintain the confidentiality of the certificate.

A person 18 years or older, born in New York State and adopted, and
whose long form birth certificate was sealed, may obtain a certified
copy of such certificate upon supplying proof that a.11 birth parents
listed on the document have died.

The department shall promulgate and make publicly available forms that
a birth parent may use to provide the department with a written
confirmation or withdrawal of confirmation under this section, and for
confirming that a person who has made such a written confirmation or
withdrawal is, in fact, a person identified on the birth certificate
as a birth parent, and for confirming the sufficiency of proof of the
death of a person listed on a birth certificate as a birth parent.

A birth parent may at any time request from the department a contact
preference form that shall accompany a birth certificate issued under
this title. The contact preference form shall provide the following
information to be completed at the option of the birth parent: (i)
would like to be contacted, (ii) I would prefer to be contacted only
through an intermediary, (iii) I have completed a medical history form
and have filed it with the department, (iv) Please do not contact me.
If I decide later that I would like to be contacted, I will submit an
updated contact preference form to the department.

The medical history form shall be in a form prescribed by the
department and shall be supplied to the birth parent upon request of a
contact preference form from the department. Only those persons who
are authorized to process applications made under this title may
process contact preference forms, medical history forms, and
correspondence and requests made pursuant to this section.

The medical history and contact preference forms described in this
subdivision are confidential communications from the birth parent to
the person named on the confidential long-form birth certificate and
shall be placed in separate sealed envelopes upon receipt from the
birth parent. The sealed envelopes shall be matched with and placed in
the file containing the confidential original long-form birth


certificate. Such sealed envelopes containing the contact preference
form and medical history form shall be released to a person authorized
to receive a certified copy of his or her original long-form birth
certificate pursuant to this section.

The contact preference and medical history forms described in this
subdivision are private communications from the birth parent to the
person named on the sealed birth certificate and no copies of such
forms shall be retained by the department. Where only a medical
history form is requested, the certified copy of the long-form birth
certificate and contact preference forms shall not be provided, but
may be requested and provided at a later date.

The department shall develop an affirmative information campaign and
widely disseminate to the public, though its website, public service
announcements and other means, in multiple languages and through
multiple outlets, information concerning the provisions of this
section including but not limited to the means by which a birth parent
may confirm that he or she wishes to maintain the confidentiality of a
long form birth certificate held by the department in which such birth
parent is named, and by which such birth parent may withdraw such a
confirmation.

JUSTIFICATION: The "Bill of Adoptee Rights" will provide adult
adoptees with access to information that a non-adopted person has a
legal right to obtain. In New York, an adoptee cannot access his or
her original birth certificate unless the adoptee goes through
judicial means, and even then, the outcome does not guarantee that
access will be granted. This bill will allow adult adoptees to
request and receive a certified copy of an original birth certificate.

Adoptees will be able to gain knowledge of their religious and ethnic
heritage as well as medical history- A birth parent may seek to
protect his or her privacy by completing a contact preference form
certificate. The contact preference form provides the birth parent
with the option to be contacted by the adoptee, through an
intermediary or not be contacted at all.

LEGISLATIVE HISTORY: 2012: S.5783 - Referred to Health/A.2003-B
Referred to Health 2011: S.5783-A- Referred to Health/A.2003-A
referred to Health

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law,
provided, however, that, effective immediately, the commissioner of
health is directed to promulgate such rules and regulations as may be
necessary to carry out provisions of this act.

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

                                  2490

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to creating the  bill
  of adoptee rights

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

  Section 1. The public health law is amended by adding  a  new  section
4138-e to read as follows:
  S  4138-E. BILL OF ADOPTEE RIGHTS. 1. (A) COMMENCING ON JANUARY FIRST,
TWO THOUSAND FIFTEEN, EXCEPT AS PROVIDED IN SUBDIVISION TWO OR THREE  OF
THIS  SECTION,  AND  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW, A
PERSON EIGHTEEN YEARS OF AGE OR MORE WHO WAS BORN IN THIS STATE AND THEN
ADOPTED AND WHOSE LONG-FORM BIRTH CERTIFICATE WAS THEN  SEALED  IN  THIS
STATE,  MAY  OBTAIN A CERTIFIED COPY OF SUCH LONG-FORM BIRTH CERTIFICATE
FROM THE DEPARTMENT IN ACCORDANCE WITH THIS SECTION. (B) SUCH  A  CERTI-
FIED  COPY  OF  A LONG-FORM BIRTH CERTIFICATE SUPPLIED BY THE DEPARTMENT
SHALL INCLUDE A LEGEND, APPEARING PROMINENTLY ON EACH PAGE OF THE  DOCU-
MENT PROVIDED, STATING AS FOLLOWS:
  THIS  IS  A  CERTIFIED  COPY  OF  AN  ORIGINAL BIRTH CERTIFICATE. THIS
ORIGINAL BIRTH CERTIFICATE HAS BEEN SUPERSEDED BY ANOTHER CERTIFICATE ON
FILE WITH THE APPROPRIATE GOVERNMENT AGENCY.
  2. AT ANY TIME PRIOR TO JANUARY FIRST, TWO THOUSAND FIFTEEN, A  PERSON
LISTED  AS  A BIRTH PARENT ON A CONFIDENTIAL LONG-FORM BIRTH CERTIFICATE
MAY, IN WRITING, CONFIRM THAT HE OR SHE WISHES TO MAINTAIN THE CONFIDEN-
TIALITY OF SUCH DOCUMENT. IF A WRITTEN CONFIRMATION AS DESCRIBED IN THIS
SUBDIVISION IS RECEIVED FROM SUCH A BIRTH PARENT BY THE DEPARTMENT ON OR
BEFORE JANUARY FIRST, TWO THOUSAND FIFTEEN, THEN PARAGRAPH (A) OF SUBDI-
VISION ONE OF THIS SECTION SHALL  NOT  APPLY  TO  SUCH  LONG-FORM  BIRTH
CERTIFICATE  PROVIDED, HOWEVER, THAT PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION SHALL APPLY ON OR AFTER THAT DATE IF, AFTER SUCH  CONFIRMA-
TION  IS  RECEIVED  BY  THE  DEPARTMENT,  SUCH  BIRTH PARENT DIES OR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02906-01-3

S. 2490                             2

CONFIRMATION IS WITHDRAWN BY SUCH BIRTH PARENT IN WRITING, AND NO  OTHER
TIMELY  CONFIRMATION  REMAINS  ON FILE WITH THE DEPARTMENT FROM A LIVING
BIRTH PARENT.
  3.  A  PERSON EIGHTEEN YEARS OF AGE OR MORE WHO WAS BORN IN THIS STATE
AND THEN ADOPTED AND WHOSE LONG-FORM BIRTH CERTIFICATE WAS  THEN  SEALED
IN THIS STATE, MAY OBTAIN A CERTIFIED COPY OF HIS OR HER LONG-FORM BIRTH
CERTIFICATE,  AS  DESCRIBED  IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, UPON SUPPLYING PROOF THAT ALL  BIRTH  PARENTS  LISTED  ON  SUCH
DOCUMENT HAVE DIED.
  4.  THE  DEPARTMENT SHALL PROMULGATE AND MAKE PUBLICLY AVAILABLE FORMS
THAT A BIRTH PARENT MAY USE TO PROVIDE THE  DEPARTMENT  WITH  A  WRITTEN
CONFIRMATION  OR  WITHDRAWAL OF CONFIRMATION UNDER THIS SECTION, AND FOR
CONFIRMING THAT A PERSON WHO HAS MADE SUCH  A  WRITTEN  CONFIRMATION  OR
WITHDRAWAL  IS, IN FACT, A PERSON IDENTIFIED ON THE BIRTH CERTIFICATE AS
A BIRTH PARENT, AND FOR CONFIRMING THE SUFFICIENCY OF PROOF OF THE DEATH
OF A PERSON LISTED ON A BIRTH CERTIFICATE AS A BIRTH PARENT.
  5. (A) A BIRTH PARENT MAY AT ANY TIME REQUEST FROM  THE  DEPARTMENT  A
CONTACT  PREFERENCE FORM THAT SHALL ACCOMPANY A BIRTH CERTIFICATE ISSUED
UNDER THIS TITLE. THE CONTACT PREFERENCE FORM SHALL PROVIDE THE  FOLLOW-
ING INFORMATION TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
  (I) I WOULD LIKE TO BE CONTACTED.
  (II) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY.
  (III)  I  HAVE COMPLETED A MEDICAL HISTORY FORM AND HAVE FILED IT WITH
THE DEPARTMENT.
  (IV) PLEASE DO NOT CONTACT ME. IF I DECIDE LATER THAT I WOULD LIKE  TO
BE  CONTACTED,  I  WILL SUBMIT AN UPDATED CONTACT PREFERENCE FORM TO THE
DEPARTMENT.
  (B) THE MEDICAL HISTORY FORM SHALL BE IN  A  FORM  PRESCRIBED  BY  THE
DEPARTMENT  AND  SHALL BE SUPPLIED TO THE BIRTH PARENT UPON REQUEST OF A
CONTACT PREFERENCE FORM FROM THE DEPARTMENT. ONLY THOSE PERSONS WHO  ARE
AUTHORIZED  TO  PROCESS  APPLICATIONS  MADE UNDER THIS TITLE MAY PROCESS
CONTACT PREFERENCE FORMS, MEDICAL HISTORY FORMS, AND CORRESPONDENCE  AND
REQUESTS MADE PURSUANT TO THIS SECTION.
  (C) THE MEDICAL HISTORY AND CONTACT PREFERENCE FORMS DESCRIBED IN THIS
SUBDIVISION ARE CONFIDENTIAL COMMUNICATIONS FROM THE BIRTH PARENT TO THE
PERSON  NAMED  ON THE CONFIDENTIAL LONG-FORM BIRTH CERTIFICATE AND SHALL
BE PLACED IN SEPARATE SEALED  ENVELOPES  UPON  RECEIPT  FROM  THE  BIRTH
PARENT.    THE  SEALED ENVELOPES SHALL BE MATCHED WITH AND PLACED IN THE
FILE CONTAINING THE CONFIDENTIAL ORIGINAL LONG-FORM  BIRTH  CERTIFICATE.
SUCH SEALED ENVELOPES CONTAINING THE CONTACT PREFERENCE FORM AND MEDICAL
HISTORY  FORM  SHALL  BE  RELEASED  TO  A PERSON AUTHORIZED TO RECEIVE A
CERTIFIED COPY OF HIS OR HER ORIGINAL LONG-FORM BIRTH CERTIFICATE PURSU-
ANT TO THIS SECTION.
  (D) THE CONTACT PREFERENCE AND MEDICAL HISTORY FORMS DESCRIBED IN THIS
SUBDIVISION ARE PRIVATE COMMUNICATIONS FROM  THE  BIRTH  PARENT  TO  THE
PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND NO COPIES OF SUCH FORMS
SHALL  BE  RETAINED BY THE DEPARTMENT. WHERE ONLY A MEDICAL HISTORY FORM
IS REQUESTED, THE CERTIFIED COPY OF THE LONG-FORM BIRTH CERTIFICATE  AND
CONTACT PREFERENCE FORMS SHALL NOT BE PROVIDED, BUT MAY BE REQUESTED AND
PROVIDED AT A LATER DATE.
  6.  THE  DEPARTMENT  SHALL DEVELOP AN AFFIRMATIVE INFORMATION CAMPAIGN
AND WIDELY DISSEMINATE TO THE PUBLIC, THOUGH ITS WEBSITE, PUBLIC SERVICE
ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES AND THROUGH  MULTI-
PLE  OUTLETS,  INFORMATION  CONCERNING  THE  PROVISIONS OF THIS SECTION,
INCLUDING BUT NOT LIMITED TO THE MEANS  BY  WHICH  A  BIRTH  PARENT  MAY
CONFIRM  THAT  HE  OR  SHE  WISHES  TO MAINTAIN THE CONFIDENTIALITY OF A

S. 2490                             3

LONG-FORM BIRTH CERTIFICATE HELD BY THE DEPARTMENT IN WHICH  SUCH  BIRTH
PARENT  IS  NAMED,  AND  BY  WHICH SUCH BIRTH PARENT MAY WITHDRAW SUCH A
CONFIRMATION.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided,  however,
that, effective immediately, the commissioner of health is authorized to
promulgate  such  rules and regulations as may be necessary to carry out
the provisions of this act.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.