senate Bill S2490B

Relates to adoptee rights

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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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  • 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.

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Bill Details

See Assembly Version of this Bill:
A909A
Versions:
S2490
S2490A
S2490B
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Domestic Relations Law
Laws Affected:
Amd §4138-c Pub Health L; amd §114, Dom Rel L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5783A, A2003, A8910A, S7286
2009-2010: A8410A, S5269A

Sponsor Memo

BILL NUMBER:S2490B

TITLE OF BILL: An act to amend the domestic relations law and the
public health law, in relation to adoptee rights

PURPOSE: This bill would allow an adopted person who is at least eigh-
teen years of age to request from the court from which the order of
adoption was made, or from the supreme court, a non-certified copy of
his or her original birth certificate and/or a medical history form if
available

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends subdivision
2 of § 114 of the Domestic Relations Law to allow for exemptions
included in subdivision 4 and 5 of this section.

Section 2 amends § 114 of the Domestic Relations Law by adding a new
subdivision 5 to allow an adult adopted person over the age of 18 to
request from the court where the adoption was made or the supreme court
a non-certified copy of his or her original long form birth certificate
or identifying information in the case where a birth certificate is not
available. The adopted person needs sufficient proof of identity to
obtain documents.

Section 2 subsection (b) directs the court to supply the state depart-
ment of health with the adopted person's birth parent or parents' iden-
tifying information so the department of health can make a reasonable
and good faith effort to contact and advise birth parent(s) that the
adopted person has filed an application to receive their original long-
form birth certificate. Prior to notifying parent(s), the department of
health shall determine whether the birth parent(s) have already filed a
written confirmation or consent form. If such form is on file, the
court shall be notified and no effort to notify the parent shall be
made.

Section 2 subsection (c) allows the birth parent to complete a written
and notarized confirmation that he or she wishes to maintain confiden-
tiality of identifying information, or that he or she consents to the
release of identifying information.

Section 2 subsection (d) directs that upon receipt of written confirma-
tion or if the parent has completed a registration consent form, the
health department will notify and provide the court with such documents.
If such consent form has been revoked by birth parent, the court shall
be notified and the court will consider that a request for continued
confidentiality.

(1) If the birth parent(s) consent to release of identifying information
the court shall (i) order the release of a non-certified copy of the
long-form birth certificate to the adopted person or (ii) if birth
certificate is unavailable, identifying information will be made avail-
able to the adopted person.

(2) If the birth parent requests confidentiality, the court shall
release a non-certified copy of the long form birth certificate to the
adopted person with the birth parent's identifying information redacted.

(3) Where there are two birth parents and only one requests confiden-
tiality, the other parent's identifying information may be released to
the adopted person. The consent of one parent will not be construed as
consent by the other parent.

Section 2 subsection (e) states that if the birth parent is unable to be
notified or doesn't respond after reasonable and good faith efforts, and
unless the court deems the release of the birth certificate or identify-
ing information to be detrimental to the welfare of the birth or adop-
tive parents, the court will (i)release an unredacted, non-certified
copy of the long form birth certificate to the adopted person or (ii) if
the birth certificate is not available, identifying information will be
released that would've appeared on the long form birth certificate. The
court must issue a written order when making a determination. If the
court determines not to release an unredacted birth certificate, the
court shall release a non-certified copy of the birth certificate with
the birth parent(s)' identifying information redacted.

Section 2 subsection (f) states that if the birth parent consents to the
release of identifying information, the department of health shall
provide the parent with a contact preference form. If completed, the
form will accompany the copy of the birth certificate provided to the
adopted person. The consent form will contain the following information:
(1) I am willing to or would like to be contacted. (2) I would prefer to
be contacted through an intermediary. (3) I have completed a medical
history form and have filed it with the department of health. (4) 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 court or the
health department. (5) Add any additional information here (if desired).
The medical history form shall be supplied to the birth parent with a
contact preference form. The medical history form and contact preference
are confidential communications from the birth parent to person named on
birth certificate and shall be placed in separate sealed envelopes. The
sealed envelopes shall be released to the person requesting their birth
certificate, or their authorized agent, and no copies of the form shall
be retained by the court.

Section 2 subsection (g) directs the department of health to develop an
affirmative information campaign and widely disseminate it to the public
via their website, public service announcements, and other means, in
multiple languages and through multiple outlets.

Section 2 subsection (h) allows a birth parent to file a written nota-
rized confirmation with the court that ordered the adoption or the
department of health indicating whether he or she wishes to maintain
confidentiality or consent to the release of identifying information.
The court shall honor the written confirmation unless it is withdrawn,
in a notarized writing, by the birth parent.

Section 3 amends subdivision 10 of § 4138-c and a new subdivision 10-a
is added. Subdivision 10 calls for the commissioner to direct and devel-
op an adoption information registry birth parent consent form to be
completed at the time of surrender or consent to adoption. The form will
include check-boxes to be filled by the biological parents or parents
whose consent is needed for the relinquishment of the child, indicating
whether or not the parent consents to the release of identifying infor-
mation and a non-certified copy of the original birth certificate to the
adopted child. The form will state that it is the birth parent's respon-
sibility to update the registry of changes in contact information. The
form will also advise biological parents of the adoption medical infor-
mation sub-registry and providing medical information. The commissioner
is directed to develop any rules and regulations to expedite transfer of
any information from any agency, court, or department necessary to
implement this subdivision as long as it doesn't conflict with any
provision or law. Subdivision 10-a pertains to all adoptions and surren-
ders occurring after the effective date of this law and states that if a
biological parent(s), or the parent(s) who's consent was necessary for
the relinquishment of the child, consents to the release of the non-cer-
tified copy of the child's original birth certificate, the adopted
person shall, after turning the age of 18 and upon application to the
department with adequate proof of identity, have the right to receive a
non-certified copy of their original birth certificate.

Section 4 states that this bill takes effect on January 15, 2015
provided, however, that paragraphs (g) and (h) of subdivision 5 of the
domestic relations law, as created in section 2 of this act, shall take
effect thirty days after this act shall have become law.

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 noncerti-
fied copy of an original birth certificate and/or a medical history form
if available.

Adoptees will be able to gain knowledge of their religious and ethnic
heritage and access to medical information that may be necessary for
preventive health care and illnesses that are linked to family history
and genetics. A birth parent may seek to protect his or her privacy by
completing a contact preference form that would be sent to the adult
adoptee upon a request for a noncertified copy of an original birth
certificate. The contact preference form provides the birth parent with
the option to be contacted by the adoptee, through an intermediary or to
not be contacted at all.

PRIOR LEGISLATIVE HISTORY:

1993-1994: A.10403/S.856
2005: A.928/S.446

1995-1996: A.2328/S.3709A
2006: A.9823/S.446
1997-1998: A.4316/S.3677
2007/2008: A.2277/S.235
1999-2000: A.7541A/S.1224A
2009/2010: A.8410A/S.5269A
2001-2002: A.7943/S.4286
2011: A.2003/S.1438
2003-2004: A.6238A/S.2631A
2012: A.8910/S.7286
2013: 01/09/13 Referred to health 04/23/13 Reported referred to codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on January 15, 2015,
provided, however, that paragraphs (g) and (h) of subdivisions 5 of the
domestic relations law, as created by section 2 of this act, shall take
effect thirty days after this act shall have become law.

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

                                 2490--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens.  LANZA,  ADDABBO, AVELLA, BALL, BRESLIN, CARLUCCI,
  DILAN, ESPAILLAT, FLANAGAN, GIANARIS, GOLDEN, HASSELL-THOMPSON,  HOYL-
  MAN,  KRUEGER,  LARKIN,  LATIMER, LAVALLE, LITTLE, MONTGOMERY, PARKER,
  PERALTA, PERKINS, ROBACH, SAMPSON, SAVINO, SEWARD,  STAVISKY  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the domestic relations law and the public health law, in
  relation to adoptee rights

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

  Section 1. Legislative findings. The  legislature  hereby  states  its
intention to acknowledge, support and encourage the life-long health and
well-being  of persons who have been and will be adopted in the state of
New York. The legislature  further  recognizes  that  the  inability  to
access  accurate  and  complete medical and self-identifying data of any
adopted person may result  in  such  person  succumbing  to  preventable
disease,  premature  death  or  otherwise  unhealthy  life. As such, the
provisions of this act seek to establish considerations  under  the  law
for  adopted  persons  to access their birth information while providing
for the privacy of an adopted person and his or her birth  and  adoptive
families.
  S  2.  Subdivision  2 of section 114 of the domestic relations law, as
amended by chapter 559 of the laws of 1992 and as designated by  chapter
601 of the laws of 1994, is amended to read as follows:
  2.  No  person,  including the attorney for the adoptive parents shall
disclose the surname of the child directly or indirectly to the adoptive
parents except upon order of the  court.  No  person  shall  be  allowed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02906-05-4

S. 2490--B                          2

access  to  such  sealed  records and order and any index thereof except
upon an order of a judge or surrogate of the court in  which  the  order
was  made or of a justice of the supreme court.  [No] EXCEPT AS PROVIDED
IN  SUBDIVISIONS  FOUR AND FIVE OF THIS SECTION, NO order for disclosure
or access and inspection shall be granted except on good cause shown and
on due notice to the adoptive parents and to such additional persons  as
the  court  may  direct.  Nothing  contained  herein  shall be deemed to
require the state commissioner of health  or  his  OR  HER  designee  to
secure  a court order authorizing disclosure of information contained in
adoption or birth records requested pursuant to the authority of section
forty-one hundred thirty-eight-c or section  forty-one  hundred  thirty-
eight-d  of  the public health law; upon the receipt of such request for
information, the court shall transmit the information authorized  to  be
released  thereunder  to  the state commissioner of health or his OR HER
designee.
  S 3. Section 114 of the domestic relations law is amended by adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW: (A) AN ADOPTED
PERSON WHO HAS ATTAINED THE AGE OF EIGHTEEN YEARS MAY APPLY TO THE COURT
IN WHICH THE ORDER OF ADOPTION WAS MADE, OR TO  THE  SUPREME  COURT,  TO
REQUEST  AN  ORDER RELEASING A NON-CERTIFIED COPY OF HIS OR HER ORIGINAL
LONG FORM BIRTH CERTIFICATE, OR WHERE NO BIRTH CERTIFICATE IS AVAILABLE,
THE IDENTIFYING INFORMATION OF HIS OR HER BIRTH PARENT  OR  PARENTS,  IN
ACCORDANCE  WITH THIS SUBDIVISION. SUCH APPLICATION SHALL INCLUDE SUFFI-
CIENT PROOF OF IDENTITY OF SUCH ADOPTED PERSON.
  (B) UPON RECEIPT OF AN APPLICATION PURSUANT TO PARAGRAPH (A)  OF  THIS
SUBDIVISION,  THE COURT SHALL PROVIDE THE STATE DEPARTMENT OF HEALTH, OR
ORDER THAT SUCH DEPARTMENT BE PROVIDED, WITH THE IDENTIFYING INFORMATION
OF THE ADOPTED PERSON'S BIRTH PARENT OR PARENTS AND DIRECT  THE  DEPART-
MENT OF HEALTH TO MAKE A REASONABLE AND GOOD FAITH EFFORT, DOCUMENTED IN
WRITING  AND  COMPLETED  WITHIN  ONE  HUNDRED TWENTY DAYS, TO NOTIFY THE
BIRTH PARENT OR PARENTS AND ADVISE  SUCH  PARENT  OR  PARENTS  THAT  THE
ADOPTED  PERSON  HAS  MADE  AN APPLICATION PURSUANT TO THIS SUBDIVISION.
SUCH NOTIFICATION AND ADVISORY GIVEN SHALL COMPLY  WITH  ANY  TERMS  AND
CONDITIONS SET FORTH BY THE COURT AND SHALL BE MADE BY MEANS DESIGNED TO
BE  SENSITIVE  TO  THE  PERSONAL NATURE OF THE MATTER. THE DEPARTMENT OF
HEALTH SHALL, BEFORE MAKING  EFFORTS  TO  NOTIFY  THE  BIRTH  PARENT  OR
PARENTS,  DETERMINE  WHETHER SUCH PARENT OR PARENTS HAVE ALREADY FILED A
WRITTEN CONFIRMATION WITH THE COURT OR THE DEPARTMENT OF HEALTH PURSUANT
TO PARAGRAPH (H) OF THIS SUBDIVISION  OR  A  BIRTH  PARENT  REGISTRATION
CONSENT FORM WITH THE ADOPTION INFORMATION REGISTRY PURSUANT TO SUBDIVI-
SION  TEN  OF  SECTION  FORTY-ONE  HUNDRED  THIRTY-EIGHT-C OF THE PUBLIC
HEALTH LAW. WHERE SUCH CONFIRMATION OR CONSENT  FORM  IS  ON  FILE,  THE
DEPARTMENT OF HEALTH SHALL NOTIFY THE COURT AND NO SUCH EFFORTS TO NOTI-
FY THE PARENT SHALL BE MADE.
  (C)  UPON  NOTIFICATION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION,
OR EARLIER AT THE DISCRETION OF THE BIRTH PARENT PURSUANT  TO  PARAGRAPH
(H)  OF  THIS  SUBDIVISION, SUCH BIRTH PARENT MAY COMPLETE A WRITTEN AND
NOTARIZED CONFIRMATION THAT HE OR SHE WISHES TO MAINTAIN CONFIDENTIALITY
OF IDENTIFYING INFORMATION, OR THAT HE OR SHE CONSENTS TO THE RELEASE OF
IDENTIFYING INFORMATION.
  (D) UPON RECEIPT OF SUCH WRITTEN CONFIRMATION, OR WHERE THE PARENT HAS
COMPLETED A BIRTH PARENT REGISTRATION CONSENT FORM PURSUANT TO  SUBDIVI-
SION  TEN  OF  SECTION  FORTY-ONE  HUNDRED  THIRTY-EIGHT-C OF THE PUBLIC
HEALTH LAW, THE DEPARTMENT OF HEALTH SHALL NOTIFY THE COURT AND  PROVIDE
THE COURT WITH THE WRITTEN CONFIRMATION OR CONSENT FORM, AS THE CASE MAY

S. 2490--B                          3

BE,  COMPLETED  BY  THE  BIRTH  PARENT. WHERE SUCH CONSENT FORM HAS BEEN
REVOKED BY A BIRTH PARENT, THE DEPARTMENT OF HEALTH SHALL SO NOTIFY  THE
COURT  AND SUCH REVOCATION SHALL BE CONSIDERED BY THE COURT AS A REQUEST
FOR CONTINUED CONFIDENTIALITY OF IDENTIFYING INFORMATION.
  (I)  IF THE BIRTH PARENT CONSENTS TO THE RELEASE OF IDENTIFYING INFOR-
MATION, THE COURT SHALL (A) ORDER THE RELEASE OF A NON-CERTIFIED COPY OF
THE LONG-FORM BIRTH CERTIFICATE TO THE ADOPTED PERSON, OR (B) WHEN  SUCH
BIRTH  CERTIFICATE IS NOT AVAILABLE, ORDER THAT THE IDENTIFYING INFORMA-
TION BE MADE AVAILABLE TO THE ADOPTED PERSON.
  (II) IF THE BIRTH PARENT REQUESTS CONTINUED CONFIDENTIALITY, THE COURT
SHALL DIRECT THE RELEASE OF A NON-CERTIFIED COPY OF  THE  BIRTH  CERTIF-
ICATE  WITH  THE IDENTIFYING INFORMATION REGARDING SUCH PARENT REDACTED,
AND SHALL PROVIDE SUCH ADOPTED PERSON WITH SUCH REDACTED COPY AND FILE A
COPY OF THE REDACTED VERSION IN THE COURT  RECORD.  SUCH  REDACTED  COPY
SHALL  INCLUDE  NON-IDENTIFYING  INFORMATION  AS THAT TERM IS DEFINED IN
SUBDIVISION THREE OF SECTION FORTY-ONE  HUNDRED  THIRTY-EIGHT-C  OF  THE
PUBLIC HEALTH LAW.
  (III)  WHERE  THERE ARE TWO IDENTIFIED BIRTH PARENTS AND ONLY ONE SUCH
PARENT  HAS  REQUESTED  CONFIDENTIALITY,  THE  IDENTIFYING   INFORMATION
REGARDING  THE  OTHER  PARENT  MAY,  IN  THE DISCRETION OF THE COURT, BE
RELEASED TO THE ADOPTED PERSON IN ACCORDANCE WITH THIS SUBDIVISION.  THE
CONSENT  OF ONE PARENT SHALL NOT BE CONSTRUED TO BE CONSENT BY THE OTHER
PARENT.
  THE COURT SHALL ISSUE A WRITTEN  ORDER  WHEN  MAKING  A  DETERMINATION
PURSUANT TO SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH.
  (E)  (I)  IF AFTER REASONABLE AND GOOD FAITH EFFORTS PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, THE BIRTH PARENT IS UNABLE TO BE NOTIFIED
OR DOES NOT RESPOND TO SUCH NOTIFICATION, THE DEPARTMENT OF HEALTH SHALL
SO NOTIFY THE COURT. UNLESS THE COURT, IN ITS DISCRETION, FOR GOOD CAUSE
SPECIFIED IN ITS ORDER,  DETERMINES  THAT  THE  RELEASE  OF  SUCH  BIRTH
CERTIFICATE  OR  IDENTIFYING INFORMATION WOULD BE CLEARLY DETRIMENTAL TO
THE WELFARE OF THE BIRTH OR  ADOPTIVE  PARENTS,  THE  COURT  SHALL:  (A)
RELEASE,  OR DIRECT THE RELEASE OF, AN UNREDACTED, NON-CERTIFIED COPY OF
THE LONG-FORM BIRTH CERTIFICATE TO THE ADOPTED PERSON, OR  (B)  IF  SUCH
BIRTH CERTIFICATE IS NOT AVAILABLE, RELEASE OR DIRECT THE RELEASE OF THE
IDENTIFYING  INFORMATION  THAT  WOULD  HAVE  APPEARED  ON  THE  ORIGINAL
LONG-FORM BIRTH CERTIFICATE. FOR THE PURPOSES OF  THIS  PARAGRAPH,  GOOD
CAUSE  SHALL  INCLUDE,  BUT  IS  NOT LIMITED TO, EVIDENCE CONCERNING THE
WISHES OF THE BIRTH PARENT REGARDING CONFIDENTIALITY AS EXPRESSED AT THE
TIME OF THE ADOPTION OR SURRENDER. THE COURT SHALL ISSUE A WRITTEN ORDER
WHEN MAKING A DETERMINATION PURSUANT TO THIS PARAGRAPH.
  (II) WHERE THE COURT DETERMINES NOT TO  RELEASE  AN  UNREDACTED  BIRTH
CERTIFICATE  PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COURT
SHALL DIRECT THE RELEASE OF A NON-CERTIFIED COPY OF  THE  BIRTH  CERTIF-
ICATE  WITH  THE  IDENTIFYING  INFORMATION REGARDING THE BIRTH PARENT OR
PARENTS REDACTED, AND  SHALL  PROVIDE  SUCH  ADOPTED  PERSON  WITH  SUCH
REDACTED COPY.
  (F) UPON THE CONSENT OF A BIRTH PARENT TO RELEASE IDENTIFYING INFORMA-
TION  PURSUANT  TO  THIS  SUBDIVISION,  THE  DEPARTMENT  OF HEALTH SHALL
PROVIDE SUCH PARENT WITH  A  CONTACT  PREFERENCE  FORM  THAT  SHALL,  IF
COMPLETED  BY  THE BIRTH PARENT, ACCOMPANY A COPY OF A BIRTH CERTIFICATE
OR OTHER IDENTIFYING INFORMATION PROVIDED TO THE  ADOPTED  PERSON  UNDER
THIS  SUBDIVISION  AND  BE  FILED WITH THE ADOPTION INFORMATION REGISTRY
ESTABLISHED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C  OF  THE  PUBLIC
HEALTH  LAW.  THE  CONTACT  PREFERENCE  FORM SHALL INCLUDE THE FOLLOWING
CONTENT TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:

S. 2490--B                          4

  (I) I AM WILLING TO OR 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 OF HEALTH.
  (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
COURT OR THE DEPARTMENT OF HEALTH.
  (V) ADD ANY ADDITIONAL INFORMATION HERE (IF DESIRED):
  THE MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE  DEPART-
MENT  OF HEALTH AND SHALL BE SUPPLIED TO THE BIRTH PARENT WITH A CONTACT
PREFERENCE FORM.
  THE MEDICAL HISTORY FORM AND CONTACT PREFERENCE FORM ARE  CONFIDENTIAL
COMMUNICATIONS  FROM  THE BIRTH PARENT TO THE PERSON NAMED ON THE SEALED
BIRTH CERTIFICATE AND SHALL BE PLACED IN SEPARATE SEALED ENVELOPES  UPON
RECEIPT FROM THE BIRTH PARENT.
  THE  SEALED  ENVELOPES  CONTAINING  THE  CONTACT  PREFERENCE  FORM AND
MEDICAL HISTORY FORM SHALL BE RELEASED TO A PERSON REQUESTING HIS OR HER
BIRTH CERTIFICATE UNDER THIS SUBDIVISION OR HIS OR HER  AGENT,  SUCH  AS
HIS  OR HER ATTORNEY, WITH APPROPRIATE AUTHORIZATION.  THE CONTACT PREF-
ERENCE FORM AND MEDICAL HISTORY FORM ARE PRIVATE COMMUNICATIONS FROM THE
BIRTH PARENT TO THE PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND  NO
COPIES OF THE FORMS SHALL BE RETAINED BY THE COURT.
  (G)  THE DEPARTMENT OF HEALTH SHALL DEVELOP AN AFFIRMATIVE INFORMATION
CAMPAIGN AND WIDELY DISSEMINATE TO  THE  PUBLIC,  THROUGH  ITS  WEBSITE,
PUBLIC  SERVICE ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES AND
THROUGH MULTIPLE OUTLETS, INFORMATION CONCERNING THE  ADOPTION  INFORMA-
TION REGISTRY ESTABLISHED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C OF
THE PUBLIC HEALTH LAW AND THE PROVISIONS OF THIS SUBDIVISION, INCLUDING,
BUT NOT LIMITED TO, THE MEANS BY WHICH A BIRTH PARENT MAY FILE A WRITTEN
CONFIRMATION  PURSUANT  TO  PARAGRAPH  (H)  OF THIS SUBDIVISION WITH THE
COURT THAT ORDERED THE ADOPTION OR THE DEPARTMENT OF HEALTH THAT  HE  OR
SHE  WISHES  TO MAINTAIN THE CONFIDENTIALITY OF IDENTIFYING INFORMATION,
OR CONSENTS TO THE RELEASE OF SUCH IDENTIFYING INFORMATION.
  (H) A BIRTH PARENT MAY, AT ANY TIME,  FILE  A  WRITTEN  AND  NOTARIZED
CONFIRMATION  WITH  THE  COURT  THAT  ORDERED  THE  ADOPTION OR WITH THE
DEPARTMENT OF HEALTH INDICATING THAT HE OR SHE WISHES TO MAINTAIN CONFI-
DENTIALITY OF IDENTIFYING INFORMATION OR THAT HE OR SHE CONSENTS TO  THE
RELEASE OF IDENTIFYING INFORMATION. THE DEPARTMENT OF HEALTH SHALL NOTI-
FY THE COURT AND PROVIDE THE COURT WITH A COPY OF SUCH WRITTEN CONFIRMA-
TION. THE COURT SHALL HONOR SUCH WRITTEN CONFIRMATION UNLESS IT IS WITH-
DRAWN OR MODIFIED, IN NOTARIZED WRITING, BY THE BIRTH PARENT.
  (I)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, "ADOPTED PERSON" SHALL
INCLUDE A PERSON WHO WAS SURRENDERED AS DESCRIBED IN  SUBDIVISION  SEVEN
OF ARTICLE SECTION ONE HUNDRED NINE OF THIS ARTICLE.
  S  4.  Subdivision  10  of section 4138-c of the public health law, as
added by chapter 435 of the laws of 2008, is amended and a new  subdivi-
sion 10-a is added to read as follows:
  10.  The  commissioner  is directed to develop an adoption information
registry birth parent registration consent form to be completed  at  the
time of surrender or consent to adoption. Such form shall include check-
off boxes to be appropriately marked by the biological parent or parents
whose consent is necessary for the relinquishment of such child indicat-
ing  whether  or  not such parent consents to the receipt of identifying
information AND A NON-CERTIFIED COPY OF THE ORIGINAL  BIRTH  CERTIFICATE
by  the  child  to  be adopted. A copy of such form shall be sent to the
department with copies of the original and amended  birth  certificates.

S. 2490--B                          5

Such  form shall state that it is the responsibility of the birth parent
to update the registry with any changes in contact information. The form
shall additionally advise the biological parents of the adoption medical
information  sub-registry and the procedures by which a birth parent may
provide medical information to  the  sub-registry.  Notwithstanding  any
inconsistent  provision  of  law  to  the  contrary, the commissioner is
directed to develop any rules and regulations necessary to expedite  the
transfer  of  information from any agency, court or department necessary
to implement this subdivision.
  10-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA-
RY, FOR SURRENDERS OCCURRING AND ORDERS OF ADOPTIONS ENTERED  AFTER  THE
EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN THAT
ADDED THIS SUBDIVISION, WHERE THE BIOLOGICAL  PARENT  OR  PARENTS  WHOSE
CONSENT  IS  NECESSARY  FOR THE RELINQUISHMENT OF SUCH CHILD CONSENTS TO
THE RELEASE OF A  NON-CERTIFIED  COPY  OF  THE  CHILD'S  ORIGINAL  BIRTH
CERTIFICATE  OR DOES NOT AFFIRMATIVELY REQUEST, ON THE FORM DESCRIBED IN
SUBDIVISION TEN OF THIS SECTION, THAT SUCH  ORIGINAL  BIRTH  CERTIFICATE
REMAIN  CONFIDENTIAL,  THE  SURRENDERED  OR  ADOPTED PERSON SHALL, AFTER
ATTAINING THE AGE OF EIGHTEEN AND UPON APPLICATION TO THE DEPARTMENT AND
ADEQUATE PROOF OF IDENTITY, HAVE THE RIGHT TO  RECEIVE  A  NON-CERTIFIED
COPY OF THEIR ORIGINAL BIRTH CERTIFICATE.
  S  5.  This act shall take effect January 15, 2015, provided, however,
that paragraphs (g) and (h) of subdivision  5  of  section  114  of  the
domestic  relations  law,  as  added by section three of this act, shall
take effect on the thirtieth day after such effective date.

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