senate Bill S2889A

Relates to the adoption information registry

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

  • 24 / Jan / 2013
    • REFERRED TO HEALTH
  • 05 / Feb / 2013
    • 1ST REPORT CAL.51
  • 11 / Feb / 2013
    • AMENDED 2889A
  • 11 / Feb / 2013
    • 2ND REPORT CAL.
  • 12 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 27 / Feb / 2013
    • SUBSTITUTED BY A2087

Summary

Relates to the adoption information registry.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2087
Versions:
S2889
S2889A
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd §4138-c, Pub Health L; amd §5, Chap 480 of 2012
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2889--A
    Cal. No. 51

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee, ordered to first  report,  amended  on  first
  report,  ordered  to  a second report, and to be reprinted as amended,
  retaining its place in the order of second report

AN ACT to amend the public health  law,  in  relation  to  the  adoption
  information  registry;  and  to amend chapter 480 of the laws of 2012,
  amending the public health law relating to the adoption  registry,  in
  relation to the effectiveness thereof

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

  Section 1. Subdivision 2 and the opening paragraph of subdivision 4 of
section 4138-c of the public health law, as amended by  chapter  480  of
the laws of 2012, are amended to read as follows:
  2.  Upon  application  for registration by an adoptee not born in this
state, or by a birth parent or BIOLOGICAL sibling of  such  an  adoptee,
the  department  shall [search the records of the department to], TO THE
EXTENT PRACTICABLE, determine whether the  adoptee's  adoption  occurred
within  this  state.  If  the  department  determines  that the adoption
occurred within this state, it shall register the applicant if he or she
is otherwise qualified and make appropriate  notifications  pursuant  to
subdivision  four  of  this section.   The registry shall accept, at any
time, and maintain the verified registration transmitted  by  an  agency
pursuant  to  section forty-one hundred thirty-eight-d of this title, or
of the birth parents of an adoptee who  was  born  in  this  state.  The
registry  shall neither accept nor maintain the registration of an adop-
tee sooner than eighteen years after the adoptee's birth, or in the case
of registration by a biological sibling of an adoptee,  no  sooner  than
the  longer  of  eighteen  years after the biological sibling's birth or
eighteen years after the adoptee's birth. Any person whose  registration
was  accepted may withdraw such registration prior to the release of any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08311-02-3

S. 2889--A                          2

identifying information. The  adoptee  registrant,  and  the  biological
sibling  registrant, shall include as part of the registration the iden-
tification, including the name and address, of known biological siblings
of the adoptee. The adoptee may upon registration, or any time thereaft-
er,  elect  not  to have release of information by the authorized agency
involved in such adoption. The department shall establish an  authorized
agency  fee  schedule  for  search costs and registry costs and services
provided by such agency in gathering and forwarding information pursuant
to this section. The fee schedule may also include costs for disseminat-
ing information about the registry and the adoption medical  information
sub-registry  to  the public. Such publications or brochures may include
information as to identifying and non-identifying  information,  how  to
register  and fees charged to the registrants, and any other information
deemed appropriate.
  Upon acceptance of a registration of an adoptee born in this state, or
by a birth parent or BIOLOGICAL sibling of  such  adoptee,  pursuant  to
this  section, the department shall search the records of the department
to determine whether the adoptee's adoption occurred within this  state.
[Upon completion of] AFTER MAKING A DETERMINATION, TO THE EXTENT PRACTI-
CABLE,  AS  TO  WHETHER AN ADOPTEE'S ADOPTION OCCURRED WITHIN THIS STATE
PURSUANT TO SUBDIVISION TWO OF THIS SECTION, OR UPON COMPLETING a search
of the records pursuant to this subdivision [or subdivision two of  this
section]:
  S  2.  Paragraphs  (d) and (e) of subdivision 6-a of section 4138-c of
the public health law, as added by chapter 480 of the laws of 2012,  are
amended to read as follows:
  (d)  Upon  receipt from the birth parent of certified medical informa-
tion and other information needed to identify the  adopted  person,  the
department  shall,  TO  THE EXTENT PRACTICABLE, determine if the adoptee
was adopted in New York state. If the adoptee was adopted  in  New  York
state,  the  department shall register such information and determine if
the adoptee or adoptive parent of the adoptee is registered.  Upon  such
determination,  the department shall release the non-identifying medical
information only to an adoptee, aged eighteen years or older,  or  adop-
tive  parent  of  an  adoptee  who  has not attained the age of eighteen
years.
  (e) Upon receipt from an adoptee aged eighteen years or older  or  the
parent  of  an  adoptee  of a registration, the department shall, TO THE
EXTENT PRACTICABLE, determine if the adoptee was  adopted  in  New  York
state.  If  the  adoptee  was  adopted in New York state, the department
shall search  its  records  for  medical  information  provided  by  the
adoptee's  birth  parent.    If  such  medical information is found, the
department shall release the non-identifying medical  information  only,
to  an  adoptee,  aged eighteen years or older, or adoptive parent of an
adoptee who has not attained the age of eighteen years.
  S 3. Section 5 of chapter 480 of the laws of 2012, amending the public
health law relating to the adoption registry,  is  amended  to  read  as
follows:
  S  5. This act shall take effect [immediately] ONE YEAR AFTER IT SHALL
HAVE BECOME A LAW.
  S 4. This act shall take effect immediately;  provided  that  sections
one  and  two  of this act shall take effect on the same date and in the
same manner as chapter 480 of the laws of 2012, takes effect.

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.