senate Bill S5269A

2009-2010 Legislative Session

Enacts bill of adoptee rights clarifying language and procedures for obtaining birth certificates and medical histories for adoptees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2010 print number 5269a
amend and recommit to health
Jan 06, 2010 referred to health
Apr 27, 2009 referred to health

Co-Sponsors

view additional co-sponsors

S5269 - Details

See Assembly Version of this Bill:
A8410A
Law Section:
Public Health Law
Laws Affected:
Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L

S5269 - Summary

Enacts Bill of Adoptee Rights clarifying language and procedures for obtaining birth certificates and medical histories of adoptees; permits an adopted adult to access certain records when they reach the age of 18; creates a contact preference to be filed by birth parents; directs a task force be appointed to assess the progress and administration of such initiatives.

S5269 - Sponsor Memo

S5269 - Bill Text download pdf

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

                                  5269

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sens. MONTGOMERY, LARKIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Health

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

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

  Section  1.  The  public health law is amended by adding a new section
4138-e to read as follows:
  S 4138-E. BILL OF ADOPTEE RIGHTS. 1. THIS SECTION SHALL BE  KNOWN  AND
MAY BE CITED AS THE "BILL OF ADOPTEE RIGHTS".
  2. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWLEDGE, SUPPORT
AND  ENCOURAGE  THE LIFE-LONG HEALTH AND WELL-BEING NEEDS OF PERSONS WHO
HAVE BEEN AND WILL BE ADOPTED IN THE STATE OF NEW YORK. THE  LEGISLATURE
FURTHER  RECOGNIZES  THAT  THE DENIAL OF ACCESS TO ACCURATE AND COMPLETE
MEDICAL AND SELF-IDENTIFYING DATA OF ANY RESIDENT,  KNOWN  AND  WILFULLY
WITHHELD  BY OTHERS, MAY RESULT IN THAT RESIDENT SUCCUMBING TO PREVENTA-
BLE DISEASE, PREMATURE DEATH OR OTHERWISE UNHEALTHY LIFE, IS A VIOLATION
OF THAT RESIDENT'S CIVIL RIGHTS AND IS CONTRARY TO THE TENETS OF  GOVER-
NANCE. AS SUCH, THE PROVISIONS OF THIS SECTION SEEK TO ESTABLISH CONSID-
ERATIONS  UNDER THE LAW FOR ADOPTED PERSONS EQUAL TO SUCH CONSIDERATIONS
PERMITTED BY LAW TO ALL NON-ADOPTED  RESIDENTS;  THIS  SECTION  DOES  SO
WHILE  PROVIDING  FOR  THE PRIVACY OF AN ADOPTED RESIDENT AND HIS OR HER
BIRTH AND ADOPTIVE FAMILIES.
  3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  WHEN  AN  ADOPTED
PERSON  ATTAINS  THE  AGE  OF EIGHTEEN YEARS, THAT PERSON SHALL HAVE THE
RIGHT TO RECEIPT OF A CERTIFIED COPY OF HIS OR HER ORIGINAL (LONG  FORM,
LINE  BY  LINE  VAULT  COPY) BIRTH CERTIFICATE AND ANY CHANGE HIS OR HER
BIRTH PARENT OR PARENTS MAY HAVE  ATTACHED  TO  THAT  CERTIFICATE,  UPON
APPLICATION,  PRESENTATION OF PROOF OF IDENTIFICATION AND THE PAYMENT OF
A NOMINAL FEE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11168-01-9

Co-Sponsors

view additional co-sponsors

S5269A (ACTIVE) - Details

See Assembly Version of this Bill:
A8410A
Law Section:
Public Health Law
Laws Affected:
Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L

S5269A (ACTIVE) - Summary

Enacts Bill of Adoptee Rights clarifying language and procedures for obtaining birth certificates and medical histories of adoptees; permits an adopted adult to access certain records when they reach the age of 18; creates a contact preference to be filed by birth parents; directs a task force be appointed to assess the progress and administration of such initiatives.

S5269A (ACTIVE) - Sponsor Memo

S5269A (ACTIVE) - Bill Text download pdf

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

                                 5269--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced    by    Sens.   MONTGOMERY,   AUBERTINE,   BONACIC,   DILAN,
  HASSELL-THOMPSON,  KRUEGER,  LANZA,  LARKIN,   LAVALLE,   OPPENHEIMER,
  PERKINS, SAVINO, SQUADRON, STAVISKY -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Health -- recom-
  mitted 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 public health law and the domestic relations law, in
  relation to enacting the "bill of adoptee rights"

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

  Section  1.  The  public health law is amended by adding a new section
4138-e to read as follows:
  S 4138-E. BILL OF ADOPTEE RIGHTS. 1. THIS SECTION SHALL BE  KNOWN  AND
MAY BE CITED AS THE "BILL OF ADOPTEE RIGHTS".
  2. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWLEDGE, SUPPORT
AND  ENCOURAGE  THE LIFE-LONG HEALTH AND WELL-BEING NEEDS OF PERSONS WHO
HAVE BEEN AND WILL BE ADOPTED IN THE STATE OF NEW YORK. THE  LEGISLATURE
FURTHER  RECOGNIZES  THAT  THE DENIAL OF ACCESS TO ACCURATE AND COMPLETE
MEDICAL AND SELF-IDENTIFYING DATA  OF  ANY  ADOPTED  PERSON,  KNOWN  AND
WILFULLY  WITHHELD  BY  OTHERS,  MAY RESULT IN SUCH PERSON SUCCUMBING TO
PREVENTABLE DISEASE, PREMATURE DEATH OR OTHERWISE UNHEALTHY LIFE,  IS  A
VIOLATION OF THAT PERSON'S HUMAN RIGHTS AND IS CONTRARY TO THE TENETS OF
GOVERNANCE.  AS  SUCH,  THE PROVISIONS OF THIS SECTION SEEK TO ESTABLISH
CONSIDERATIONS UNDER THE LAW FOR ADOPTED PERSONS EQUAL TO SUCH CONSIDER-
ATIONS PERMITTED BY LAW TO ALL NON-ADOPTED PERSONS; THIS SECTION DOES SO
WHILE PROVIDING FOR THE PRIVACY OF AN ADOPTED  PERSON  AND  HIS  OR  HER
BIRTH AND ADOPTIVE FAMILIES.
  3.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, WHEN AN ADOPTED
PERSON ATTAINS THE AGE OF EIGHTEEN YEARS, THAT  PERSON  SHALL  HAVE  THE
RIGHT  TO  RECEIPT  OF A NON-CERTIFIED COPY OF HIS OR HER ORIGINAL (LONG

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11168-07-0

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