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Assembly Bill A10286

2009-2010 Legislative Session

Authorizes disclosure of death of biological parents and adoptive children by adoption registry

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Archive: Last Bill Status - In Assembly Committee

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2009-A10286 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง4138-c & 4138-d, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A1696

2009-A10286 (ACTIVE) - Summary

Authorizes the estate of either a natural parent or an adopted child to disclose the death of such person for inclusion in the health department's adoption information registry or an adoption agency's mutual consent voluntary adoption registry.

2009-A10286 (ACTIVE) - Sponsor Memo

2009-A10286 (ACTIVE) - Bill Text download pdf 

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

                                  10286

                          I N  A S S E M B L Y

                             March 16, 2010
                               ___________

Introduced  by  M. of A. TEDISCO, KOLB -- Multi-Sponsored by -- M. of A.
  BACALLES, O'MARA -- read once and referred to the Committee  on  Chil-
  dren and Families

AN  ACT  to  amend  the  public  health  law, in relation to authorizing
  disclosure of the death of biological parents and adoptive children by
  the adoption information registry and by the mutual consent  voluntary
  adoption registry

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

  Section 1. Section 4138-c of the  public  health  law  is  amended  by
adding a new subdivision 6-b to read as follows:
  6-B.  IN ADDITION TO ANY OTHER INFORMATION PROVIDED FOR AND MAINTAINED
BY THE REGISTRY PURSUANT TO THIS SECTION, THE PERSONAL REPRESENTATIVE OF
THE ESTATE OF AN ADOPTEE IF TWENTY-ONE YEARS OF AGE OR OVER OR THE ADOP-
TIVE PARENTS OF AN ADOPTEE IF LESS THAN TWENTY-ONE YEARS OF AGE  OR  THE
PARENTS  OF AN ADOPTEE WHOSE CONSENT TO THE ADOPTION WAS REQUIRED AT THE
TIME OF THE ADOPTION, OR WHOSE SIGNATURE WAS REQUIRED ON  AN  INSTRUMENT
OF  SURRENDER  TO  AN AUTHORIZED AGENCY IF SUCH ADOPTEE WAS BORN IN THIS
STATE, MAY TRANSMIT NOTICE OF THE DEATH OF SUCH PARTY FOR  INCLUSION  IN
THE  REGISTRY. WHERE A REQUEST IS MADE FOR INFORMATION MAINTAINED BY THE
DEPARTMENT PURSUANT TO THIS SECTION, THE DEPARTMENT  SHALL  RELEASE  THE
FACT  OF  SUCH  PERSON'S  DEATH, AND THE DATE OF AND CAUSE OF SUCH DEATH
WHERE THE PERSONAL REPRESENTATIVE HAS SO NOTIFIED THE DEPARTMENT.
  S 2. Section 4138-d of the public health law is amended  by  adding  a
new subdivision 6-a to read as follows:
  6-A.  IN ADDITION TO ANY OTHER INFORMATION PROVIDED FOR AND MAINTAINED
BY THE REGISTRY PURSUANT TO THIS SECTION, THE PERSONAL REPRESENTATIVE OF
THE ESTATE OF AN ADOPTEE IF TWENTY-ONE YEARS OF AGE OR OVER OR THE ADOP-
TIVE PARENTS OF AN ADOPTEE IF LESS THAN TWENTY-ONE YEARS OF AGE  OR  THE
PARENTS  OF AN ADOPTEE WHOSE CONSENT TO THE ADOPTION WAS REQUIRED AT THE
TIME OF THE ADOPTION, OR WHOSE SIGNATURE WAS REQUIRED ON  AN  INSTRUMENT
OF  SURRENDER  TO  AN AUTHORIZED AGENCY IF SUCH ADOPTEE WAS BORN IN THIS
STATE, MAY TRANSMIT NOTICE OF THE DEATH OF SUCH PARTY FOR  INCLUSION  IN
THE  REGISTRY. WHERE A REQUEST IS MADE FOR INFORMATION MAINTAINED BY THE

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

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