Assembly Bill A5519

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

                                  5519

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M. of A. V. LOPEZ, GREENE -- Multi-Sponsored by -- M. of
  A. CLARK, P. RIVERA -- read once and  referred  to  the  Committee  on
  Children and Families

AN  ACT to amend the domestic relations law, the social services law and
  the public health law, in relation to the disclosure of  adoption  and
  foster care records

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

  Section 1. Section 114 of the domestic relations law,  as  amended  by
chapter 751 of the laws of 1989, subdivision 2 as amended by chapter 559
of  the laws of 1992, subdivision 4 as added and subdivisions 1, 2 and 3
as designated by chapter 601 of the laws of 1994, is amended to read  as
follows:
  S  114.  Order of adoption. 1. If satisfied that the best interests of
the adoptive child will be promoted thereby the judge or surrogate shall
make an order approving the adoption and  directing  that  the  adoptive
child  shall  thenceforth be regarded and treated in all respects as the
child of the adoptive parents or parent.   In  determining  whether  the
best  interests  of the adoptive child will be promoted by the adoption,
the judge or surrogate shall give due consideration to any assurance  by
a  LOCAL  commissioner  of  social  services that he OR SHE will provide
necessary support and maintenance for the adoptive child pursuant to the
social services law.  Such order shall contain the full name,  date  and
place  of  birth  and  reference to the schedule annexed to the petition
containing the medical history of the child  in  the  body  thereof  and
shall  direct that the child's medical history, heritage of the parents,
which shall include nationality, ethnic background and race;  education,
which shall be the number of years of school completed by the parents at
the time of the birth of the adoptive child; general physical appearance
of  the  parents  at  the time of the birth of the adoptive child, which
shall include height, weight, color of hair, eyes, skin;  occupation  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08709-01-9
              

A. 5519                             2

the  parents  at the time of the birth of the adoptive child; health and
medical history of the parents at the time of the birth of the  adoptive
child,  including  all available information setting forth conditions or
diseases believed to be hereditary, any drugs or medication taken during
the pregnancy by the child's mother; and any other information which may
be  a  factor influencing the child's present or future health, talents,
hobbies and special interests of parents as contained in the petition be
furnished to the adoptive parents.  If the judge or  surrogate  is  also
satisfied  that  there  is no reasonable objection to the change of name
proposed, the order shall direct that the name of the adoptive child  be
changed  to the name stated in the agreement of adoption and that hence-
forth [he] THE CHILD shall be known by that name.  All such orders  made
by  a  family  court  judge of Westchester county since September first,
nineteen hundred sixty-two, and on file in  the  office  of  the  county
clerk  of  such  county  shall be transferred to the clerk of the family
court of such county.  Such order and all the papers in  the  proceeding
shall  be filed in the office of the court granting the adoption and the
order shall be entered in books which shall be kept under seal and which
shall be indexed by the name of the adoptive parents  and  by  the  full
original  name  of the child.   [Such] EXCEPT AS PROVIDED IN SECTION ONE
HUNDRED FOURTEEN-A OF THIS ARTICLE, SUCH order, including orders hereto-
fore entered, shall be subject to inspection  and  examination  only  as
hereinafter  provided.    Notwithstanding the fact that adoption records
shall be sealed and secret, they may be microfilmed and processed pursu-
ant to an order of the court, provided that such order provides that the
confidentiality of such records be maintained.   If the  confidentiality
is  violated,  the person or company violating it can be found guilty of
contempt of court.  The fact that the adoptive child  was  born  out  of
wedlock shall in no case appear in such order.  [The] EXCEPT AS PROVIDED
IN SECTION ONE HUNDRED FOURTEEN-A OF THIS ARTICLE, THE written report of
the  investigation  together  with  all  other  papers pertaining to the
adoption shall be kept by the judge or surrogate as a  permanent  record
of  his  OR  HER  court and such papers must be sealed by him OR HER and
withheld from inspection.  No certified copy of the  order  of  adoption
shall  issue  unless  authorized  by  court order, except that certified
copies may issue to the agency or agencies in the  proceeding  prior  to
the  sealing of the papers.  Before the record is sealed, such order may
be granted upon written ex parte application on  good  cause  shown  and
upon  such  conditions  as  the  court may impose.   After the record is
sealed, such order may  be  granted  only  upon  notice  as  hereinafter
provided  for disclosure or access and inspection of records.  The clerk
upon request of a person or agency entitled thereto shall issue  certif-
icates  of  adoption  which shall contain only the new name of the child
and the date and place of birth of the child, the name of  the  adoptive
parents  and  the  date  when  and court where the adoption was granted,
which certificate as to the facts recited therein shall  have  the  same
force and effect as a certified copy of an order of adoption.
  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 OR AS PROVIDED IN SUBDIVISION TEN
OF SECTION ONE HUNDRED FIFTEEN-B  OF  THIS  ARTICLE.    [No]  EXCEPT  AS
PROVIDED  IN  SECTION  ONE HUNDRED FOURTEEN-A OF THIS ARTICLE, NO person
shall be allowed 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 order
for disclosure or access and inspection shall be granted except on  good

A. 5519                             3

cause  shown and on due notice to the adoptive parents and to such addi-
tional 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 author-
ity 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.
  3.  In  like  manner as a court of general jurisdiction exercises such
powers, a judge or surrogate of a court in which the order  of  adoption
was made may open, vacate or set aside such order of adoption for fraud,
newly discovered evidence or other sufficient cause.
  4.  Good  cause  for  disclosure or access to and inspection of sealed
adoption records and orders  and  any  index  thereof,  hereinafter  the
"adoption  records",  under  this  section may be established on medical
grounds as provided herein. Certification from a physician  licensed  to
practice medicine in the state of New York that relief under this subdi-
vision is required to address a serious physical or mental illness shall
be  prima facie evidence of good cause. Such certification shall [inden-
tify] IDENTIFY the information required to address such illness.  Except
where  there is an immediate medical need for the information sought, in
which case the court may grant access to the adoption  records  directly
to  the  petitioner,  the  court  hearing  THE petition under [the] THIS
subdivision shall appoint a guardian ad  litem  or  other  disinterested
person, who shall have access to the adoption records for the purpose of
obtaining  the  medical  information sought from those records or, where
the records are insufficient for such purpose,  through  contacting  the
biological  parents.  The  guardian  or other disinterested person shall
offer a biological parent the option of disclosing  the medical informa-
tion sought by the petitioner pursuant to this subdivision, as  well  as
the  option of granting consent to examine the parent's medical records.
If the guardian or other disinterested person appointed does not  obtain
the  medical  information  sought  by  the  petitioner, such guardian or
disinterested person shall make a report of his or her efforts to obtain
such information to the court. Where  further  efforts  to  obtain  such
information  are  appropriate, the court may in its discretion authorize
direct disclosure or access to and inspection of the adoption records by
the petitioner.
  S 2. The domestic relations law is amended by  adding  a  new  section
114-a to read as follows:
  S  114-A. ACCESS TO RECORDS BY ADOPTED CHILDREN. 1. (A) THE PROVISIONS
OF THIS SUBDIVISION SHALL APPLY TO CHILDREN ADOPTED  ON  OR  AFTER  JULY
FIRST,  TWO  THOUSAND TEN.  NOTWITHSTANDING SECTION ONE HUNDRED FOURTEEN
OF THIS ARTICLE AND ANY OTHER PROVISION OF LAW TO THE CONTRARY,  TO  THE
EXTENT  AVAILABLE,  ADOPTION  AND  FOSTER CARE RECORDS, INCLUDING CLIENT
IDENTIFIABLE  AND  NON-CLIENT  IDENTIFIABLE  INFORMATION,  SHALL,   UPON
REQUEST, BE MADE AVAILABLE BY AN AUTHORIZED AGENCY OR THE COURT IN WHICH
THE  PETITION FOR ADOPTION WAS GRANTED TO A QUALIFIED ADOPTEE SUBJECT TO
THE PROVISIONS OF THIS SECTION. FOR THE PURPOSE OF THIS  SUBDIVISION,  A
"QUALIFIED  ADOPTEE"  MEANS AN ADOPTED CHILD AS DEFINED IN PARAGRAPH (B)
OF THIS SUBDIVISION.  THE QUALIFIED ADOPTEE'S ENTIRE ADOPTION AND FOSTER
CARE RECORD SHALL BE MADE AVAILABLE, INCLUDING  IDENTIFYING  INFORMATION
CONCERNING   THE  QUALIFIED  ADOPTEE'S  BIOLOGICAL  PARENT  OR  PARENTS,
SIBLINGS AND EXTENDED FAMILY. A COPY OF THE ENTIRE ADOPTION  AND  FOSTER

A. 5519                             4

CARE  RECORD  OR  ANY  PART  THEREOF, INCLUDING IDENTIFIABLE INFORMATION
CONCERNING  THE  QUALIFIED  ADOPTEE'S  BIOLOGICAL  PARENT  OR   PARENTS,
SIBLINGS  AND  EXTENDED  FAMILY,  MUST BE PROVIDED AT THE REQUEST OF THE
QUALIFIED  ADOPTEE. DISCLOSURE OF RECORDS UNDER THIS SECTION TO A QUALI-
FIED ADOPTEE IS REQUIRED AND PERMITTED ONLY IF AUTHORIZED BY  A  BIOLOG-
ICAL  PARENT  OR PARENTS WHOSE CONSENT TO ADOPTION IS OTHERWISE REQUIRED
PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS  ARTICLE.  SUCH  AUTHORI-
ZATION  OF DISCLOSURE MAY BE EXECUTED PRIOR TO THE ADOPTION OF THE CHILD
EITHER AS PART OF A SURRENDER EITHER EXECUTED PURSUANT TO SECTION  THREE
HUNDRED  EIGHTY-THREE-C  OR  THREE  HUNDRED  EIGHTY-FOUR  OF  THE SOCIAL
SERVICES LAW; AN ORDER ISSUED PURSUANT TO SECTION THREE HUNDRED  EIGHTY-
FOUR-B  OF  THE  SOCIAL  SERVICES  LAW;  A  CONSENT EXECUTED PURSUANT TO
SECTION ONE HUNDRED FIFTEEN-B OF THIS ARTICLE; OR AN AFFIDAVIT  EXECUTED
BY  THE  PARENT  AND  FILED  PRIOR TO THE ADOPTION OF THE CHILD WITH THE
AUTHORIZED AGENCY WHICH PLACED THE CHILD FOR ADOPTION OR WITH THE  COURT
IN WHICH THE PETITION TO ADOPT SUCH CHILD WAS FILED. A BIOLOGICAL PARENT
OR PARENTS WHOSE CONSENT WAS REQUIRED TO ADOPT THE QUALIFIED ADOPTEE MAY
WITHDRAW  AN  AUTHORIZATION OR PROHIBITION OF DISCLOSURE ANY TIME SUBSE-
QUENT TO THE ISSUANCE BY THE COURT OF AN ORDER OF ADOPTION OF THE QUALI-
FIED ADOPTEE BY THE FILING WITH THE COURT IN WHICH THE PETITION TO ADOPT
WAS GRANTED AN AFFIDAVIT  SETTING  FORTH  SUCH  WITHDRAWAL,  AND  EITHER
AUTHORIZING  OR  PROHIBITING  DISCLOSURE,  AS  THE  CASE MAY BE, AND, IF
APPLICABLE, THE FILING OF AN AFFIDAVIT SETTING FORTH SUCH WITHDRAWAL AND
AUTHORIZATION OR PROHIBITION OF DISCLOSURE WITH  THE  AUTHORIZED  AGENCY
WHICH  PLACED  THE  QUALIFIED  ADOPTEE  FOR ADOPTION. WHERE THE PARENTAL
RIGHTS OF THE BIOLOGICAL PARENT  WERE  TERMINATED  PURSUANT  TO  SECTION
THREE  HUNDRED  EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW AND SUCH PARENT
HAS NOT MADE HIS OR HER INTENTION TO AUTHORIZE  OR  PROHIBIT  DISCLOSURE
KNOWN  PRIOR  TO THE ADOPTION OF THE CHILD IN ACCORDANCE WITH THE PROCE-
DURES SET FORTH IN THIS  PARAGRAPH,  A  PROHIBITION  OF  DISCLOSURE  AND
REFUSAL TO CONSENT TO DISCLOSE BY SUCH BIOLOGICAL PARENT SHALL BE DEEMED
TO  HAVE BEEN GIVEN. PROSPECTIVE ADOPTIVE PARENTS MUST BE ADVISED BY THE
AUTHORIZED AGENCY RESPONSIBLE FOR THE PLACEMENT OF A CHILD FOR  ADOPTION
WHETHER  AT  THE TIME OF PLACEMENT THE BIOLOGICAL PARENT OR PARENTS HAVE
AUTHORIZED OR PROHIBITED THE DISCLOSURE OF RECORDS  IN  ACCORDANCE  WITH
THIS SECTION. REASONABLE FEES FOR SUCH A FILING AND PROCESSING A REQUEST
FOR  INFORMATION  PURSUANT  TO  THIS  SUBDIVISION  MAY BE IMPOSED BY THE
AUTHORIZED AGENCY OR THE COURT.
  (B) FOR THE PURPOSES OF PARAGRAPH (A) OF  THIS  SUBDIVISION  REGARDING
THE  DISCLOSURE  OF CLIENT IDENTIFIABLE INFORMATION, A QUALIFIED ADOPTEE
SHALL MEAN AN ADOPTEE WHO IS AT LEAST EIGHTEEN YEARS OF AGE.
  2. (A) THE PROVISIONS OF THIS  SUBDIVISION  SHALL  APPLY  TO  CHILDREN
FREED  FOR  ADOPTION  AND ADOPTED PRIOR TO JULY FIRST, TWO THOUSAND TEN.
NOTWITHSTANDING SECTION ONE HUNDRED FOURTEEN OF  THIS  ARTICLE  AND  ANY
OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,  TO  THE EXTENT AVAILABLE,
ADOPTION AND FOSTER CARE  RECORDS,  INCLUDING  CLIENT  IDENTIFIABLE  AND
NON-CLIENT IDENTIFIABLE INFORMATION, SHALL, UPON REQUEST, BE MADE AVAIL-
ABLE  BY  AN  AUTHORIZED  AGENCY  OR THE COURT IN WHICH THE PETITION FOR
ADOPTION WAS GRANTED TO A QUALIFIED ADOPTEE SUBJECT TO THE PROVISIONS OF
THIS SECTION. FOR THE PURPOSE OF THIS SUBDIVISION, A "QUALIFIED ADOPTEE"
MEANS AN ADOPTED CHILD IN ACCORDANCE WITH THE  PROVISIONS  OF  PARAGRAPH
(B)  OF  THIS  SUBDIVISION.  THE QUALIFIED ADOPTEE'S ENTIRE ADOPTION AND
FOSTER CARE RECORD  SHALL  BE  MADE  AVAILABLE,  INCLUDING  IDENTIFIABLE
INFORMATION  CONCERNING  THE  QUALIFIED  ADOPTEE'S  BIOLOGICAL PARENT OR
PARENTS, SIBLINGS AND EXTENDED FAMILY. A COPY OF THE ENTIRE ADOPTION AND
FOSTER CARE RECORD OR ANY PART THEREOF, INCLUDING IDENTIFIABLE  INFORMA-

A. 5519                             5

TION  CONCERNING  THE  QUALIFIED ADOPTEE'S BIOLOGICAL PARENT OR PARENTS,
SIBLINGS AND EXTENDED FAMILY, MUST BE PROVIDED AT  THE  REQUEST  OF  THE
QUALIFIED  ADOPTEE. DISCLOSURE OF RECORDS UNDER THIS SECTION TO A QUALI-
FIED  ADOPTEE  IS REQUIRED AND PERMITTED ONLY IF AUTHORIZED BY A BIOLOG-
ICAL PARENT OR PARENTS WHOSE CONSENT TO ADOPTION IS  OTHERWISE  REQUIRED
PURSUANT  TO  SECTION  ONE HUNDRED ELEVEN OF THIS ARTICLE. SUCH AUTHORI-
ZATION OF DISCLOSURE SHALL BE EXECUTED SUBSEQUENT TO THE ADOPTION OF THE
CHILD IN AN AFFIDAVIT EXECUTED BY THE PARENT AND FILED WITH THE  AUTHOR-
IZED  AGENCY  WHICH  PLACED  THE CHILD FOR ADOPTION OR WITH THE COURT IN
WHICH THE PETITION TO ADOPT SUCH CHILD WAS FILED.  A  BIOLOGICAL  PARENT
MAY  WITHDRAW  HIS OR HER AUTHORIZATION OF DISCLOSURE, OR ANY SUBSEQUENT
PROHIBITION OR AUTHORIZATION OF DISCLOSURE, BY FILING WITH THE COURT  IN
WHICH  THE PETITION TO ADOPT WAS GRANTED AN AFFIDAVIT SETTING FORTH SUCH
WITHDRAWAL, AND EITHER AUTHORIZING OR  PROHIBITING  DISCLOSURE,  AS  THE
CASE  MAY  BE, WITH THE COURT IN WHICH THE PETITION TO ADOPT WAS GRANTED
AND, IF APPLICABLE, THE FILING OF AN AFFIDAVIT SETTING FORTH SUCH  WITH-
DRAWAL  AND  AUTHORIZATION OR PROHIBITION OF DISCLOSURE WITH THE AUTHOR-
IZED AGENCY WHICH PLACED THE QUALIFIED ADOPTEE FOR ADOPTION.  REASONABLE
FEES  FOR  SUCH  A  FILING  AND FOR PROCESSING A REQUEST FOR INFORMATION
PURSUANT TO THIS SUBDIVISION MAY BE IMPOSED BY THE AUTHORIZED AGENCY  OR
THE COURT.
  (B)  FOR  THE  PURPOSES OF PARAGRAPH (A) OF THIS SUBDIVISION REGARDING
THE DISCLOSURE OF CLIENT IDENTIFIABLE INFORMATION, A  QUALIFIED  ADOPTEE
SHALL  INCLUDE  AN ADOPTEE WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND WHO
SUBMITS TO THE AUTHORIZED AGENCY WHICH PLACED THE ADOPTEE  FOR  ADOPTION
OR  TO  THE COURT IN WHICH THE PETITION FOR ADOPTION WAS GRANTED, EITHER
PROOF THAT THE ADOPTEE'S ADOPTIVE PARENT OR PARENTS ARE DECEASED OR  THE
CONSENT  OF  THE SURVIVING ADOPTIVE PARENT OR PARENTS TO DISCLOSE CLIENT
IDENTIFIABLE INFORMATION. NOTWITHSTANDING THE PROVISIONS OF THIS  SUBDI-
VISION,  AN  ADOPTEE  WHO  IS  AT LEAST EIGHTEEN YEARS OF AGE SHALL HAVE
ACCESS TO NON-CLIENT IDENTIFIABLE INFORMATION PURSUANT TO  THIS  SECTION
WITHOUT REGARD TO THE CONSENT OF THE ADOPTIVE PARENT OR PARENTS.
  3.  NOTWITHSTANDING  SECTION  ONE HUNDRED FOURTEEN OF THIS ARTICLE AND
ANY OTHER PROVISION OF LAW TO THE CONTRARY,  TO  THE  EXTENT  AVAILABLE,
INFORMATION  REGARDING  AN ADOPTED CHILD'S SIBLINGS SHALL BE MADE AVAIL-
ABLE BY AN AUTHORIZED AGENCY OR THE COURT  IN  WHICH  THE  PETITION  FOR
ADOPTION  WAS  GRANTED UPON REQUEST TO ANY QUALIFIED ADOPTEE. DISCLOSURE
SHALL BE CONDITIONED UPON THE CONSENT OF  THE  SIBLING  FILED  WITH  THE
ADOPTION  INFORMATION  REGISTRY IN ACCORDANCE WITH SUBDIVISION TWELVE OF
SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C OF THE PUBLIC HEALTH  LAW.  FOR
THE  PURPOSES  OF  THIS  SUBDIVISION  ONLY, A QUALIFIED ADOPTEE MEANS AN
ADOPTED CHILD WHO HAS REACHED THE AGE OF EIGHTEEN. SUCH INFORMATION,  IF
AVAILABLE,  SHALL INCLUDE THE NAME OF THE SIBLING, THE SIBLING'S DATE OF
BIRTH, AND THE ADDRESS OF THE SIBLING.    NOTHING  IN  THIS  SUBDIVISION
SHALL  AUTHORIZE  THE  COURT OR THE AUTHORIZED AGENCY TO DISCLOSE CLIENT
IDENTIFIABLE INFORMATION REGARDING THE ADOPTEE'S  BIOLOGICAL  PARENT  OR
PARENTS  EXCEPT  IN  ACCORDANCE  WITH  SUBDIVISIONS  ONE AND TWO OF THIS
SECTION.  REASONABLE FEES FOR THE PROCESSING OF A REQUEST  FOR  INFORMA-
TION PURSUANT TO THIS SUBDIVISION MAY BE IMPOSED BY THE AUTHORIZED AGEN-
CY OR THE COURT.
  4.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO CREATE OR SUPPORT ANY
CAUSE OF ACTION RELATING TO WRONGFUL ACTIONS BY THE PERSONS OR  AGENCIES
INVOLVED IN THE PLACEMENT AND THE ADOPTION OF THE QUALIFIED ADOPTEE, NOR
SHALL  THIS  SECTION  BE  DEEMED  TO  AFFECT  LIMITATIONS ON THE TIME TO
COMMENCE AN ACTION OR PROCEEDING AS OTHERWISE AUTHORIZED BY LAW. NOTHING
IN THIS SECTION SHALL BE DEEMED TO CREATE OR SUPPORT ANY CAUSE OF ACTION

A. 5519                             6

FOR WRONGFUL DISCLOSURE OF FOSTER  CARE  OR  ADOPTION  INFORMATION,  NOR
SHALL  THIS  SECTION  BE DEEMED TO CREATE OR SUPPORT ANY CAUSE OF ACTION
AGAINST AN ADOPTIVE PARENT OR A BIOLOGICAL PARENT  FOR  ANY  REFUSAL  TO
CONSENT OR REFUSAL TO DISCLOSE FOSTER CARE OR ADOPTION INFORMATION.
  S  3. Section 115-b of the domestic relations law is amended by adding
two new subdivisions 10 and 11 to read as follows:
  10. A DULY EXECUTED AND ACKNOWLEDGED JUDICIAL CONSENT  OR  EXTRA-JUDI-
CIAL CONSENT SHALL INCLUDE A PROVISION EITHER AUTHORIZING OR PROHIBITING
THE  DISCLOSURE  OF  ADOPTION  AND  FOSTER  CARE RECORDS TO THE CHILD IN
ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED FOURTEEN-A OF THIS
ARTICLE.
  11. A DULY EXECUTED AND ACKNOWLEDGED JUDICIAL CONSENT  OR  EXTRA-JUDI-
CIAL  CONSENT MAY INCLUDE THE CONSENT OF THE BIOLOGICAL PARENT AUTHORIZ-
ING THE DISCLOSURE OF  INFORMATION  REGARDING  SUCH  BIOLOGICAL  PARENT,
INCLUDING  BUT  NOT  LIMITED  TO, HIS OR HER NAME, ADDRESS AND TELEPHONE
NUMBER TO THE ADOPTIVE PARENT, AT THE REQUEST OF THE BIOLOGICAL  PARENT,
AT  ANY TIME AFTER THE ADOPTION IS FINALIZED; PROVIDED, HOWEVER, NOTHING
IN THIS SUBDIVISION SHALL REQUIRE THE ADOPTIVE PARENT TO RECEIVE  OR  TO
DISCLOSE SUCH INFORMATION.
  S  4.  The  social  services law is amended by adding two new sections
373-b and 373-c to read as follows:
  S 373-B. SOCIAL HISTORIES. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW
TO  THE  CONTRARY,  TO THE EXTENT AVAILABLE, ACCESS TO AND A COPY OF THE
SOCIAL HISTORIES OF A CHILD IN FOSTER CARE AND OF HIS OR HER  BIOLOGICAL
PARENT OR PARENTS SHALL BE PROVIDED BY AN AUTHORIZED AGENCY UPON REQUEST
TO  ANY ADOPTED FORMER FOSTER CHILD WHO HAS REACHED THE AGE OF EIGHTEEN,
PROVIDED, HOWEVER, SOCIAL HISTORIES  OF  BIOLOGICAL  PARENT  OR  PARENTS
SHALL  BE  PROVIDED  TO  AN  ADOPTEE  WITH  INFORMATION IDENTIFYING SUCH
BIOLOGICAL PARENTS  ELIMINATED.  SUCH  SOCIAL  HISTORIES  SHALL  INCLUDE
INFORMATION  REGARDING  HERITAGE  OF  THE  BIOLOGICAL PARENT OR PARENTS,
WHICH SHALL INCLUDE NATIONALITY, ETHNIC BACKGROUND AND RACE;  EDUCATION,
WHICH  SHALL  INCLUDE  THE  NUMBER  OF  YEARS OF SCHOOL COMPLETED BY THE
BIOLOGICAL PARENT OR PARENTS AT THE TIME OF THE BIRTH  OF  THE  ADOPTEE;
GENERAL  PHYSICAL  APPEARANCE OF THE BIOLOGICAL PARENT OR PARENTS AT THE
TIME OF THE BIRTH OF THE ADOPTEE, WHICH SHALL  INCLUDE  HEIGHT,  WEIGHT,
COLOR  OF  HAIR,  EYES, AND SKIN; OCCUPATION OF THE BIOLOGICAL PARENT OR
PARENTS AT THE TIME OF THE BIRTH OF THE ADOPTEE; AND ANY OTHER  INFORMA-
TION  WHICH MAY BE A FACTOR INFLUENCING THE ADOPTEE, WHICH SHALL INCLUDE
THE HOBBIES, TALENTS AND SPECIAL INTERESTS OF THE BIOLOGICAL  PARENT  OR
PARENTS. REASONABLE FEES FOR THE PROCESSING OF A REQUEST FOR INFORMATION
PURSUANT TO THIS SECTION MAY BE IMPOSED BY THE AUTHORIZED AGENCY.
  S  373-C.  ACCESS  TO  ADOPTION  AND  FOSTER  CARE RECORDS. 1. (A) THE
PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO  CHILDREN  ADOPTED  ON  OR
AFTER JULY FIRST, TWO THOUSAND TEN.  NOTWITHSTANDING SECTION ONE HUNDRED
FOURTEEN OF THE DOMESTIC RELATIONS LAW AND ANY OTHER PROVISION OF LAW TO
THE CONTRARY, TO THE EXTENT AVAILABLE, ADOPTION AND FOSTER CARE RECORDS,
INCLUDING  CLIENT  IDENTIFIABLE AND NON-CLIENT IDENTIFIABLE INFORMATION,
SHALL BE MADE AVAILABLE BY AN AUTHORIZED  AGENCY  UPON  REQUEST  TO  ANY
QUALIFIED  ADOPTEE  SUBJECT  TO THE PROVISIONS OF THIS SECTION.  FOR THE
PURPOSES OF THIS SUBDIVISION, A "QUALIFIED  ADOPTEE"  MEANS  AN  ADOPTED
FORMER FOSTER CHILD AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION. THE
QUALIFIED ADOPTEE'S ENTIRE ADOPTION AND FOSTER CARE RECORD SHALL BE MADE
AVAILABLE,  INCLUDING  IDENTIFIABLE INFORMATION CONCERNING THE QUALIFIED
ADOPTEE'S BIOLOGICAL PARENT OR PARENTS, SIBLINGS AND EXTENDED FAMILY.  A
COPY  OF THE ENTIRE ADOPTION AND FOSTER CARE RECORD OR ANY PART THEREOF,
INCLUDING IDENTIFYING INFORMATION  CONCERNING  THE  QUALIFIED  ADOPTEE'S

A. 5519                             7

PARENT  OR  PARENTS,  SIBLINGS AND EXTENDED FAMILY, SHALL BE PROVIDED AT
THE REQUEST OF THE QUALIFIED ADOPTEE. DISCLOSURE OF RECORDS  UNDER  THIS
SECTION TO A QUALIFIED ADOPTEE IS REQUIRED AND PERMITTED ONLY IF AUTHOR-
IZED  BY  A  BIOLOGICAL  PARENT  OR PARENTS WHOSE CONSENT TO ADOPTION IS
OTHERWISE REQUIRED PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THE  DOMES-
TIC  RELATIONS  LAW.  SUCH  AUTHORIZATION  OF DISCLOSURE MAY BE EXECUTED
PRIOR TO THE ADOPTION OF THE QUALIFIED  ADOPTEE  EITHER  AS  PART  OF  A
SURRENDER   EXECUTED   EITHER   PURSUANT   TO   SECTION   THREE  HUNDRED
EIGHTY-THREE-C OR THREE HUNDRED EIGHTY-FOUR  OF  THIS  TITLE;  AN  ORDER
ISSUED PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE; OR
AN  AFFIDAVIT  EXECUTED BY THE PARENT AND FILED PRIOR TO THE ADOPTION OF
THE CHILD WITH THE AUTHORIZED AGENCY WHICH PLACED THE CHILD FOR ADOPTION
OR WITH THE COURT IN WHICH THE PETITION TO ADOPT SUCH CHILD WAS FILED. A
BIOLOGICAL PARENT OR PARENTS WHOSE CONSENT WAS  REQUIRED  TO  ADOPT  THE
QUALIFIED  ADOPTEE  MAY  WITHDRAW  AN  AUTHORIZATION  OR  PROHIBITION OF
DISCLOSURE ANY TIME SUBSEQUENT TO THE ISSUANCE BY THE COURT OF AN  ORDER
OF  ADOPTION  OF THE QUALIFIED ADOPTEE BY FILING WITH THE COURT IN WHICH
THE PETITION TO ADOPT WAS GRANTED AN AFFIDAVIT SETTING FORTH SUCH  WITH-
DRAWAL AND EITHER AUTHORIZING OR PROHIBITING DISCLOSURE, AS THE CASE MAY
BE,  AND,  IF  APPLICABLE, THE FILING OF AN AFFIDAVIT SETTING FORTH SUCH
WITHDRAWAL AND AUTHORIZATION  OR  PROHIBITION  OF  DISCLOSURE  WITH  THE
AUTHORIZED AGENCY WHICH PLACED THE QUALIFIED ADOPTEE FOR ADOPTION. WHERE
THE PARENTAL RIGHTS OF THE BIOLOGICAL PARENT WERE TERMINATED PURSUANT TO
SECTION  THREE  HUNDRED  EIGHTY-FOUR-B OF THIS TITLE AND SUCH PARENT HAS
NOT MADE HIS OR HER INTENTION TO AUTHORIZE OR PROHIBIT DISCLOSURE  KNOWN
PRIOR TO THE ADOPTION OF THE CHILD IN ACCORDANCE WITH THE PROCEDURES SET
FORTH  IN  THIS  PARAGRAPH,  A  PROHIBITION OF DISCLOSURE AND REFUSAL TO
CONSENT TO DISCLOSURE BY SUCH BIOLOGICAL PARENT SHALL BE DEEMED TO  HAVE
BEEN GIVEN.  PROSPECTIVE ADOPTIVE PARENTS MUST BE ADVISED BY THE AUTHOR-
IZED AGENCY RESPONSIBLE FOR THE PLACEMENT OF A CHILD FOR ADOPTION WHETH-
ER AT THE TIME OF PLACEMENT THE BIOLOGICAL PARENT OR PARENTS HAS AUTHOR-
IZED  OR  PROHIBITED  THE  DISCLOSURE OF RECORDS IN ACCORDANCE WITH THIS
SECTION. REASONABLE FEES FOR THE PROCESSING OF A REQUEST FOR INFORMATION
PURSUANT TO THIS SUBDIVISION MAY BE IMPOSED BY  THE  AUTHORIZED  AGENCY.
AUTHORIZED  AGENCIES  SHALL  PROVIDE COUNSELING, WHERE APPLICABLE AND IN
CONFORMANCE WITH THE REGULATIONS OF THE DEPARTMENT,  TO  THE  BIOLOGICAL
PARENT,  ADOPTIVE PARENT OR ADOPTEE REGARDING THE DISCLOSURE OF INFORMA-
TION PURSUANT TO THIS SECTION.
  (B) FOR THE PURPOSES OF PARAGRAPH (A) OF  THIS  SUBDIVISION  REGARDING
THE  DISCLOSURE  OF CLIENT IDENTIFIABLE INFORMATION, A QUALIFIED ADOPTEE
SHALL MEAN AN ADOPTEE WHO IS AT LEAST EIGHTEEN YEARS OF AGE.
  2. (A) THE PROVISIONS OF THIS  SUBDIVISION  SHALL  APPLY  TO  CHILDREN
FREED  FOR  ADOPTION  AND ADOPTED PRIOR TO JULY FIRST, TWO THOUSAND TEN.
NOTWITHSTANDING SECTION ONE HUNDRED FOURTEEN OF THE  DOMESTIC  RELATIONS
LAW AND ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO THE EXTENT AVAIL-
ABLE,  ADOPTION  AND  FOSTER CARE RECORDS, INCLUDING CLIENT IDENTIFIABLE
AND NON-CLIENT IDENTIFIABLE INFORMATION, SHALL, UPON  REQUEST,  BE  MADE
AVAILABLE BY AN AUTHORIZED AGENCY TO A QUALIFIED ADOPTEE, SUBJECT TO THE
PROVISIONS OF THIS SECTION. FOR THE PURPOSE OF THIS SUBDIVISION, A QUAL-
IFIED  ADOPTEE  MEANS  AN ADOPTED FORMER FOSTER CHILD IN ACCORDANCE WITH
THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS  SUBDIVISION.  THE  QUALIFIED
ADOPTEE'S  ENTIRE  ADOPTION  AND FOSTER CARE RECORD SHALL BE MADE AVAIL-
ABLE,  INCLUDING  IDENTIFIABLE  INFORMATION  CONCERNING  THE   QUALIFIED
ADOPTEE'S  BIOLOGICAL PARENT OR PARENTS, SIBLINGS AND EXTENDED FAMILY. A
COPY OF THE ENTIRE ADOPTION AND FOSTER CARE RECORD OR ANY PART  THEREOF,
INCLUDING  IDENTIFYING  INFORMATION  CONCERNING  THE QUALIFIED ADOPTEE'S

A. 5519                             8

BIOLOGICAL PARENT OR PARENTS, SIBLINGS  AND  EXTENDED  FAMILY,  MUST  BE
PROVIDED  AT THE REQUEST OF THE QUALIFIED ADOPTEE. DISCLOSURE OF RECORDS
UNDER THIS SECTION TO A QUALIFIED ADOPTEE IS REQUIRED AND PERMITTED ONLY
IF  AUTHORIZED  BY  A  BIOLOGICAL  PARENT  OR  PARENTS  WHOSE CONSENT TO
ADOPTION IS OTHERWISE REQUIRED PURSUANT TO SECTION ONE HUNDRED ELEVEN OF
THE DOMESTIC RELATIONS LAW. SUCH AUTHORIZATION OF  DISCLOSURE  SHALL  BE
EXECUTED  SUBSEQUENT  TO  THE  ADOPTION  OF  THE  CHILD  IN AN AFFIDAVIT
EXECUTED BY THE PARENT AND FILED WITH THE AUTHORIZED AGENCY WHICH PLACED
THE CHILD FOR ADOPTION. A BIOLOGICAL PARENT OR PARENTS MAY  WITHDRAW  AN
AUTHORIZATION OF DISCLOSURE, OR ANY SUBSEQUENT AUTHORIZATION OR PROHIBI-
TION OF DISCLOSURE, BY FILING AN AFFIDAVIT SETTING FORTH SUCH WITHDRAWAL
AND  EITHER  AUTHORIZING  OR PROHIBITING DISCLOSURE, AS THE CASE MAY BE,
WITH THE AUTHORIZED  AGENCY  WHICH  PLACED  THE  QUALIFIED  ADOPTEE  FOR
ADOPTION. AUTHORIZED AGENCIES SHALL PROVIDE COUNSELING, WHERE APPLICABLE
AND  IN  CONFORMANCE  WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES, TO THE BIOLOGICAL PARENT, ADOPTIVE  PARENT  OR  ADOPTEE
REGARDING  THE  DISCLOSURE  OF  INFORMATION  PURSUANT  TO  THIS SECTION.
REASONABLE FEES FOR THE PROCESSING OF A REQUEST FOR INFORMATION PURSUANT
TO THIS SUBDIVISION MAY BE IMPOSED  BY  THE  AUTHORIZED  AGENCY  OR  THE
COURT.
  (B)  FOR  THE  PURPOSES OF PARAGRAPH (A) OF THIS SUBDIVISION REGARDING
THE DISCLOSURE OF CLIENT IDENTIFIABLE INFORMATION, A "QUALIFIED ADOPTEE"
SHALL INCLUDE AN ADOPTEE WHO IS AT LEAST EIGHTEEN YEARS OF AGE  AND  WHO
SUBMITS  TO THE AUTHORIZED AGENCY WHICH PLACED THE ADOPTEE FOR ADOPTION,
EITHER PROOF THAT THE ADOPTEE'S ADOPTIVE PARENT OR PARENTS ARE  DECEASED
OR  THE  CONSENT OF THE SURVIVING ADOPTIVE PARENT OR PARENTS TO DISCLOSE
CLIENT IDENTIFIABLE INFORMATION. NOTWITHSTANDING THE PROVISIONS OF  THIS
SUBDIVISION, AN ADOPTEE WHO IS AT LEAST EIGHTEEN YEARS OF AGE SHALL HAVE
ACCESS  TO  NON-CLIENT IDENTIFIABLE INFORMATION PURSUANT TO THIS SECTION
WITHOUT REGARD TO THE CONSENT OF THE ADOPTIVE PARENT OR PARENTS.
  3. NOTWITHSTANDING  SECTION  ONE  HUNDRED  FOURTEEN  OF  THE  DOMESTIC
RELATIONS  LAW  AND  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, TO THE
EXTENT AVAILABLE, INFORMATION  REGARDING  AN  ADOPTED  CHILD'S  SIBLINGS
SHALL  BE  MADE  AVAILABLE  BY  AN AUTHORIZED AGENCY UPON REQUEST TO ANY
QUALIFIED ADOPTEE SUBJECT TO THE PROVISIONS OF THIS SECTION.  DISCLOSURE
SHALL  BE  CONDITIONED  UPON  THE  CONSENT OF THE SIBLING FILED WITH THE
ADOPTION INFORMATION REGISTRY IN ACCORDANCE WITH SUBDIVISION  TWELVE  OF
SECTION  FORTY-ONE  HUNDRED THIRTY-EIGHT-C OF THE PUBLIC HEALTH LAW. FOR
THE PURPOSE ONLY OF THIS SUBDIVISION, A  "QUALIFIED  ADOPTEE"  MEANS  AN
ADOPTED  CHILD WHO HAS REACHED THE AGE OF EIGHTEEN. SUCH INFORMATION, IF
AVAILABLE, SHALL INCLUDE THE NAME OF THE SIBLING, THE SIBLING'S DATE  OF
BIRTH,  AND  ADDRESS  OF  THE SIBLING. NOTHING IN THIS SUBDIVISION SHALL
AUTHORIZE THE AUTHORIZED AGENCY TO DISCLOSE CLIENT IDENTIFIABLE INFORMA-
TION REGARDING THE ADOPTEE'S BIOLOGICAL  PARENT  OR  PARENTS  EXCEPT  IN
ACCORDANCE  WITH  SUBDIVISIONS  ONE  AND TWO OF THIS SECTION. REASONABLE
FEES FOR THE PROCESSING OF A REQUEST FOR INFORMATION  PURSUANT  TO  THIS
SUBDIVISION MAY BE IMPOSED BY THE AUTHORIZED AGENCY.
  4.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO CREATE OR SUPPORT ANY
CAUSE OF ACTION RELATING TO WRONGFUL ACTIONS BY THE PERSONS OR  AGENCIES
INVOLVED IN THE PLACEMENT AND THE ADOPTION OF THE QUALIFIED ADOPTEE, NOR
SHALL  THIS  SECTION  BE  DEEMED  TO  AFFECT  LIMITATIONS ON THE TIME TO
COMMENCE AN ACTION OR PROCEEDING AS OTHERWISE AUTHORIZED BY LAW. NOTHING
IN THIS SECTION SHALL BE DEEMED TO CREATE OR SUPPORT ANY CAUSE OF ACTION
FOR WRONGFUL DISCLOSURE OF FOSTER  CARE  OR  ADOPTION  INFORMATION,  NOR
SHALL  THIS  SECTION  BE DEEMED TO CREATE OR SUPPORT ANY CAUSE OF ACTION

A. 5519                             9

AGAINST AN ADOPTIVE PARENT OR A BIOLOGICAL PARENT  FOR  ANY  REFUSAL  TO
CONSENT OR REFUSAL TO DISCLOSE FOSTER CARE OR ADOPTION INFORMATION.
  S  5.  Subdivision  5  of  section 383-c of the social services law is
amended by adding two new paragraphs (i) and (j) to read as follows:
  (I) THE JUDICIAL SURRENDER AND THE  EXTRA-JUDICIAL  SURRENDER  INSTRU-
MENTS  SHALL  INCLUDE  A  PROVISION  EITHER  AUTHORIZING  OR PROHIBITING
DISCLOSURE OF ADOPTION AND FOSTER CARE RECORDS TO THE CHILD  IN  ACCORD-
ANCE  WITH  THE  PROVISIONS  OF SECTION THREE HUNDRED SEVENTY-THREE-C OF
THIS TITLE.
  (J) THE JUDICIAL SURRENDER AND THE  EXTRA-JUDICIAL  SURRENDER  INSTRU-
MENTS  MAY  INCLUDE THE CONSENT OF THE BIOLOGICAL PARENT AUTHORIZING THE
DISCLOSURE OF INFORMATION  REGARDING  SUCH  PARENT,  INCLUDING  BUT  NOT
LIMITED  TO,  HIS OR HER NAME, ADDRESS AND TELEPHONE NUMBER TO THE ADOP-
TIVE PARENT, AT THE REQUEST OF THE BIOLOGICAL PARENT, AT ANY TIME  AFTER
THE ADOPTION IS FINALIZED; PROVIDED HOWEVER, NOTHING IN THIS SUBDIVISION
SHALL  REQUIRE THE ADOPTIVE PARENT TO RECEIVE OR TO DISCLOSE SUCH INFOR-
MATION.
  S 6. Subdivision 2 of section  384  of  the  social  services  law  is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C)  THE  INSTRUMENT  SHALL  INCLUDE A PROVISION EITHER AUTHORIZING OR
PROHIBITING DISCLOSURE OF ADOPTION AND FOSTER CARE RECORDS TO THE  CHILD
IN   ACCORDANCE   WITH   THE   PROVISIONS   OF   SECTION  THREE  HUNDRED
SEVENTY-THREE-C OF THIS TITLE.
  (D) THE INSTRUMENT MAY INCLUDE THE CONSENT OF THE BIOLOGICAL    PARENT
AUTHORIZING THE DISCLOSURE OF INFORMATION REGARDING SUCH PARENT, INCLUD-
ING BUT NOT LIMITED TO, HIS OR HER NAME, ADDRESS AND TELEPHONE NUMBER TO
THE  ADOPTIVE  PARENT,  AT  THE REQUEST OF THE BIOLOGICAL PARENT, AT ANY
TIME AFTER THE ADOPTION IS FINALIZED; PROVIDED, HOWEVER, NOTHING IN THIS
SUBDIVISION SHALL REQUIRE THE ADOPTIVE PARENT TO RECEIVE OR TO  DISCLOSE
SUCH INFORMATION.
  S  7.  Section 384-b of the social services law is amended by adding a
new subdivision 13 to read as follows:
  13. AN ORDER COMMITTING THE GUARDIANSHIP AND CUSTODY OF A CHILD PURSU-
ANT TO THIS SECTION  MAY  INCLUDE  A  PROVISION  EITHER  AUTHORIZING  OR
PROHIBITING  DISCLOSURE OF ADOPTION AND FOSTER CARE RECORDS TO THE CHILD
IN  ACCORDANCE  WITH   THE   PROVISIONS   OF   SECTION   THREE   HUNDRED
SEVENTY-THREE-C OF THIS TITLE.
  S  8.  Section  4138-c of the public health law is amended by adding a
new subdivision 12 to read as follows:
  12. THE REGISTRY SHALL ACCEPT AND MAINTAIN THE NAME,  DATE  OF  BIRTH,
ADDRESS,  AND  SUCH NON-IDENTIFYING INFORMATION AS IN THE COMMISSIONER'S
JUDGMENT SHALL BE OF ASSISTANCE IN UNDERTAKING  MATCHING  OF  NAMES  FOR
PURPOSES  OF THIS SUBDIVISION, OF PERSONS WHO CONSENT TO CONTACT BY, AND
DISCLOSURE OF THEIR NAMES AND ADDRESSES TO, A SIBLING  OR  SIBLINGS  WHO
HAVE  BEEN ADOPTED IN THIS STATE OR PLACED FOR ADOPTION BY AN AUTHORIZED
AGENCY  AS  DEFINED  IN  SUBDIVISION  TEN  OF  SECTION   THREE   HUNDRED
SEVENTY-ONE  OF  THE SOCIAL SERVICES LAW. THE REGISTRY, UPON THE REQUEST
OF A COURT OR AN AUTHORIZED AGENCY IN ACCORDANCE WITH SUBDIVISION  THREE
OF  SECTION  ONE  HUNDRED  FOURTEEN-A  OF  THE DOMESTIC RELATIONS LAW OR
SECTION THREE HUNDRED SEVENTY-THREE-C OF THE SOCIAL SERVICES LAW,  SHALL
PROVIDE  THE  NAME,  DATE  OF  BIRTH,  ADDRESS, AND SUCH NON-IDENTIFYING
INFORMATION OF THE REGISTRANT AS THE  COMMISSIONER  SHALL  DETERMINE  IS
APPROPRIATE,  TO  SUCH COURT OR AUTHORIZED AGENCY FOR VERIFICATION BY IT
THAT THE REGISTRANT IS OR APPEARS TO BE THE SAME  PERSON  IDENTIFIED  ON
ITS  ADOPTION RECORDS AS A SIBLING OF A QUALIFIED ADOPTEE, AS DEFINED IN
SUCH LAWS, WHO IS SEEKING SUCH SIBLING INFORMATION, AND  FOR  DISCLOSURE

A. 5519                            10

PURSUANT  TO  SUCH SECTIONS UPON VERIFICATION. THE DEPARTMENT MAY ESTAB-
LISH A REGISTRATION FEE SUFFICIENT TO RECOVER ITS  COSTS  IN  CONNECTION
WITH REGISTRY AND SEARCH COSTS AND SERVICES, INCLUDING THE COSTS ASSOCI-
ATED  WITH  RECEIPT  OF  SUCH  INFORMATION  FROM CONSENTING SIBLINGS FOR
PLACEMENT ON THE REGISTRY,  AND  COSTS  ASSOCIATED  WITH  RESPONDING  TO
REQUESTS FOR INFORMATION PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION.
  S  9. This act shall not be deemed to affect any custodial or parental
rights of an adoptive parent or biological parent  with  respect  to  an
adopted  child,  nor  shall  this act be deemed to create or support any
obligation on the part of an adoptive parent to advise an  adoptee  that
he or she was adopted.
  S 10. This act shall take effect July 1, 2010.