Assembly Bill A10361

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

                                  10361

                          I N  A S S E M B L Y

                             March 19, 2010
                               ___________

Introduced  by M. of A. TEDISCO, BUTLER, BACALLES, CALHOUN, CROUCH, KOLB
  -- Multi-Sponsored by -- M. of A. FITZPATRICK, O'MARA, SAYWARD,  SCOZ-
  ZAFAVA  --  read  once  and  referred to the Committee on Children and
  Families

AN ACT to amend the  social  services  law,  in  relation  to  requiring
  disclosure  of  hereditary diseases of an adopted child or the biolog-
  ical parents of an adopted child

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

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that when an adoptive child is discovered to have a  hereditary
disease,  in  most cases, the biological parents are unaware because the
adoptive parents fail to notify them and therefore as a result they  may
have  no  idea  that  they  are  carriers of the hereditary disease. The
biological parents also will be unaware of the fact that any  subsequent
offspring will be susceptible to the disease.
  Similarly,  where the biological parents discover that they are carri-
ers of a hereditary disease, they are unable to, or will not attempt to,
contact the adoptive parents. The adoptive parents and the adopted child
are therefore left unaware and are in a position where they are  vulner-
able  to  an  unknown disease. They too, are unable to take any prepara-
tional measures that might help to diagnose and or treat the disease.
  The legislature further finds and declares that to remedy  such  situ-
ation,  it  is  imperative that adoptive parents, biological parents and
adoptive children all be put on notice as to the existence of a  heredi-
tary disease by requiring the existence thereof to be promptly disclosed
to such parties so that they may effectively deal with such matter.
  S  2. The social services law is amended by adding a new section 373-b
to read as follows:
  S 373-B. DISCLOSURE OF HEREDITARY DISEASE. 1.  FOR  PURPOSES  OF  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "INTERMEDIARY"  SHALL  MEAN  ANY  PRIVATE OR PUBLIC SOCIAL SERVICE
ADOPTION AGENCY, OR ANY INDEPENDENT  ADOPTION  AGENCY,  AND  SHALL  ALSO
ENCOMPASS ANY INDIVIDUAL THAT ACTS AS A LIAISON FOR AN ADOPTION.

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

                                                           LBD15871-01-0

A. 10361                            2

  B. "ADOPTIVE PARENT" SHALL MEAN A PERSON WHO HAS ADOPTED A CHILD.
  C.  "HEREDITARY DISEASE" SHALL MEAN A CONDITION OR DISEASE TRANSMITTED
FROM BIOLOGICAL PARENTS TO THEIR OFFSPRING THAT IS LIFE  THREATENING  OR
NON-LIFE THREATENING, AND ONE WHICH WOULD CAUSE SIGNIFICANT MORBIDITY OR
MORTALITY.
  2.  IN THE EVENT THAT ONE OR BOTH ADOPTIVE PARENTS DISCOVER THAT THEIR
ADOPTED CHILD HAS, OR IS SUSCEPTIBLE  TO,  A  HEREDITARY  DISEASE,  SUCH
PARENT  OR  PARENTS  SHALL  IMMEDIATELY CONTACT THE INTERMEDIARY TO SUCH
ADOPTION AND SUBMIT SUCH HEALTH INFORMATION TO THE INTERMEDIARY. IN  THE
EVENT  ONE  OR BOTH BIOLOGICAL PARENTS DISCOVER OR ARE AWARE OF THE FACT
THAT THEY ARE OR MAY BE A CARRIER OF A HEREDITARY DISEASE THAT A BIOLOG-
ICAL CHILD IS OR MAY BE SUSCEPTIBLE TO, SUCH  PARENT  OR  PARENTS  SHALL
IMMEDIATELY  CONTACT  THE  ADOPTION  INTERMEDIARY AND SUBMIT SUCH HEALTH
INFORMATION TO THE INTERMEDIARY.
  3. UPON RECEIVING SUCH NOTICE FROM A BIOLOGICAL  OR  ADOPTIVE  PARENT,
THE  INTERMEDIARY  SHALL  NOTIFY  THE  CORRESPONDING  OTHER  PARENT, AND
PROVIDE THEM WITH THE PERTINENT INFORMATION  CONCERNING  THE  HEREDITARY
DISEASE.
  4. THE ADOPTION INTERMEDIARY SHALL MAINTAIN THE CONFIDENTIALITY OF ALL
PERSONS  INVOLVED  IN  THE ADOPTION. THE INTERMEDIARY SHALL ONLY PROVIDE
THE PERTINENT HEALTH INFORMATION CONCERNING  A  HEREDITARY  DISEASE  AND
SUCH  INFORMATION  SHALL  NOT INCLUDE ANY OTHER TYPE OF INFORMATION THAT
WOULD TEND TO  IDENTIFY  ANY  OF  THE  PARTIES  OR  WOULD  OTHERWISE  BE
PROTECTED PURSUANT TO ANY OTHER PROVISION OF LAW.
  5.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SET A REASONABLE
FEE WHICH AN INTERMEDIARY  MAY  ASSESS  AGAINST  SUCH  PARTIES  FOR  ITS
SERVICES AS REQUIRED IN THIS SECTION.
  S 3. This act shall take effect immediately.