S T A T E O F N E W Y O R K
________________________________________________________________________
1696
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
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Introduced by M. of A. TEDISCO, KOLB -- read once and referred to the
Committee on Children 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01479-01-1
A. 1696 2
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 AGENCY 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 AGENCY.
S 3. This act shall take effect immediately.