Senate Bill S4037A

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2012	print number 4037a
Jan 23, 2012	amend and recommit to health
Jan 04, 2012	referred to health
Mar 15, 2011	referred to health

Bill Amendments

2011-S4037 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §4138-e, amd §4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L

2011-S4037 - Summary

Enacts Bill of Adoptee Rights clarifying language and procedures for obtaining birth certificates and medical histories of adoptees; permits an adopted person to access certain records when they reach the age of 13; creates a contact preference to be filed by birth parents.

2011-S4037 - Sponsor Memo

                                BILL NUMBER:S4037

TITLE OF BILL:
An act
to amend the public health law and the domestic relations law, in
relation to enacting the "bill of adoptee rights"

PURPOSE:
Creates the Adoptee Bill of Rights by clarifying language and
procedures for obtaining birth certificates and medical histories for
adoptees.

SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new section 4138-e to the public health law, "Bill
of Adoptee Rights",

Section two amends subdivision 5 of section 4138 of the public health
law as amended by chapter 201 of the laws of 1972.

Section three amends paragraph (b) of subdivision 3 of section 4138 of
the public health law as added by chapter 201 of the laws of 1972.

Section four amends subdivision 7 of section 4138 of the public health
law as added by chapter 644 of the laws of 1988.

Section five amends section 4138 of the public health law by adding

two new subdivisions 8 and 9.

Section six amends paragraph (b) of subdivision 3 of section 4138-d of
the public health law as amended by chapter 181 of the laws of 2010.

Section seven amends section 4104 of the public health law as amended
by chapter 435 of the laws of 2008.

Section eight amends subdivision 1 of section 114 of the domestic
relations law as amended by chapter 751 of the laws of 1989 and
designated by chapter 601 of the laws of 1994.

Section nine adds a new subdivision 5 to section 114 of the
domestic relations law.

Section 10 is the effective date.

JUSTIFICATION:
This legislation will provide adoptees who are thirteen years or older
with access to information that a non-adopted person has a legal
right to obtain. State law prohibits an adoptee to access their
original birth certificate unless they go through judicial means.
This process does not guarantee that access to their original birth
certificate will be granted. This bill is necessary in order for the
adoptee to request and receive a non-certified copy of an original
birth certificate and/or a medical history form if available.

By allowing access to an adoptees original birth certificate, this
legislation will allow them to have knowledge of their religious and


ethnic heritage. It will also so permit them access to medical
information that may be necessary for preventive health care and
illnesses that are linked to family history and genetics.

This measure allows a birth parent the ability to protect his or her
privacy by completing a contact preference form that would be sent to
the adult adoptee upon a request for a non-certified copy of an
original birth certificate. The contact preference form provides the
birth parent with the option to be contacted by the adoptee, through
an intermediary or not to be contacted at all by the adoptee.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
January 1, next succeeding the date on which it shall have become a law.

2011-S4037 - Bill Text download pdf

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

                                  4037

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, 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  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 THIRTEEN YEARS, THAT  PERSON  SHALL  HAVE  THE
RIGHT  TO  RECEIPT  OF A NON-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,
AND/OR A MEDICAL HISTORY FORM IF AVAILABLE, UPON APPLICATION,  PRESENTA-
TION 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.
                                                           LBD01540-02-1

S. 4037                             2

  (B)  WHEN IT SHALL BE IMPOSSIBLE THROUGH GOOD-FAITH EFFORTS TO PROVIDE
A COPY OF AN ADULT ADOPTED PERSON'S ORIGINAL BIRTH  CERTIFICATE  (AS  IN
THE  CASE  OF AN ADOPTED PERSON BORN OUTSIDE OF, BUT ADOPTED WITHIN, THE
STATE OF NEW YORK), THE ADULT ADOPTED PERSON SHALL  HAVE  THE  RIGHT  TO
SECURE  FROM  A  COURT OF COMPETENT JURISDICTION OR THE ADOPTION AGENCY,
THE TRUE AND CORRECT IDENTIFYING INFORMATION THAT WOULD HAVE APPEARED ON
HIS OR HER ORIGINAL BIRTH CERTIFICATE. IN SUCH CASE THE AGENCY SHALL  BE
HELD HARMLESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
  4.  A  BIRTH  PARENT  MAY  AT  ANY  TIME REQUEST FROM THE DEPARTMENT A
CONTACT PREFERENCE FORM THAT SHALL ACCOMPANY A BIRTH CERTIFICATE  ISSUED
UNDER  THIS TITLE. THE CONTACT PREFERENCE FORM SHALL PROVIDE THE FOLLOW-
ING INFORMATION TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
  (A) I WOULD LIKE TO BE CONTACTED.
  (B) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY.
  (C) I HAVE COMPLETED A MEDICAL HISTORY FORM AND HAVE FILED IT WITH THE
DEPARTMENT.
  (D) PLEASE DO NOT CONTACT ME. IF I DECIDE LATER THAT I WOULD  LIKE  TO
BE  CONTACTED,  I  WILL SUBMIT AN UPDATED CONTACT PREFERENCE FORM TO THE
DEPARTMENT.
  THE MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE  DEPART-
MENT AND SHALL BE SUPPLIED TO THE BIRTH PARENT UPON REQUEST OF A CONTACT
PREFERENCE FORM FROM THE DEPARTMENT.
  ONLY  THOSE  PERSONS  WHO  ARE AUTHORIZED TO PROCESS APPLICATIONS MADE
UNDER THIS TITLE MAY PROCESS  CONTACT  PREFERENCE  AND  MEDICAL  HISTORY
FORMS.
  THE  MEDICAL HISTORY FORM AND CONTACT PREFERENCE FORM ARE CONFIDENTIAL
COMMUNICATIONS FROM THE BIRTH PARENT TO THE PERSON NAMED ON  THE  SEALED
BIRTH  CERTIFICATE AND SHALL BE PLACED IN SEPARATE SEALED ENVELOPES UPON
RECEIPT FROM THE BIRTH PARENT. THE SEALED  ENVELOPES  SHALL  BE  MATCHED
WITH AND PLACED IN THE FILE CONTAINING THE SEALED BIRTH CERTIFICATE.
  THE  SEALED  ENVELOPES  CONTAINING  THE  CONTACT  PREFERENCE  FORM AND
MEDICAL HISTORY FORM MAY BE RELEASED TO A PERSON REQUESTING HIS  OR  HER
OWN  ORIGINAL BIRTH CERTIFICATE UNDER THIS TITLE. THE CONTACT PREFERENCE
FORM AND MEDICAL HISTORY FORM ARE PRIVATE COMMUNICATIONS FROM THE  BIRTH
PARENT TO THE PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND NO COPIES
OF  THE FORMS SHALL BE RETAINED BY THE DEPARTMENT.  WHERE ONLY A MEDICAL
HISTORY FORM IS REQUESTED THE BIRTH CERTIFICATE AND  CONTACT  PREFERENCE
FORM SHALL NOT BE SENT, BUT MAY BE REQUESTED AT A LATER DATE.
  S  2.  Subdivision  5  of  section  4138  of the public health law, as
amended by chapter 201 of the laws  of  1972,  is  amended  to  read  as
follows:
  5.  Thereafter,  when  a certified copy or certified transcript of the
certificate of birth of such a person, or a certification of  birth  for
such  person  is  issued,  it shall be based upon the new certificate of
birth, except when an order of a court of competent  jurisdiction  shall
require  the  issuance of a copy of the original certificate of birth OR
UPON A WRITTEN NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF  OR
HERSELF ONCE PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  S  3.  Paragraph  (b)  of  subdivision 3 of section 4138 of the public
health law, as added by chapter 201 of the laws of 1972, is  amended  to
read as follows:
  (b)  Thereafter,  when a verified transcript or certification of birth
of such  person is issued by the registrar, it shall be based  upon  the
new  certificate, except when an order of a court of competent jurisdic-
tion shall require the issuance of  a  verified  transcript  or  certif-
ication  based upon the original local record of birth OR UPON A WRITTEN

S. 4037                             3

NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF  OR  HERSELF  ONCE
PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  S  4.  Subdivision  7  of  section  4138  of the public health law, as
amended by chapter 644 of the laws  of  1988,  is  amended  to  read  as
follows:
  7.  Whenever  the  commissioner  makes a new birth certificate for any
person pursuant to the provisions of subdivision one of this section, he
OR SHE shall forward to such person, if [eighteen] THIRTEEN years of age
or more, [or to the parents of such person,] a certified copy, a  certi-
fied  transcript  [or] AND a certification of birth, [whichever he deems
appropriate under the circumstances,] without making any  charge  there-
for.
  S  5.  Section  4138 of the public health law is amended by adding two
new subdivisions 8 and 9 to read as follows:
  8. (A) AN ADOPTED PERSON THIRTEEN YEARS OF AGE OR OLDER, OR THE  BIRTH
PARENT  OR  PARENTS,  MAY  SUBMIT TO THE REGISTRAR A NOTICE OF CHANGE OF
NAME AND/OR ADDRESS AND  SUCH  INFORMATION  SHALL  BE  ATTACHED  TO  THE
ORIGINAL BIRTH CERTIFICATE OF THE ADOPTED PERSON.
  (B)  THE  REGISTRAR  SHALL  DISCLOSE TO THE BIRTH PARENT OR PARENTS AT
SUCH PARENT'S OR PARENTS' REQUEST, THE MOST CURRENT NAME AND ADDRESS  OF
AN  ADOPTED  PERSON  IF THAT ADOPTED PERSON HAS REQUESTED SO BY FILING A
NOTARIZED LETTER WITH THE REGISTRAR.
  9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED  PERSON
ATTAINS  THE AGE OF THIRTEEN YEARS, HE OR SHE SHALL HAVE THE RIGHT, UPON
APPLICATION, PROOF OF IDENTITY AND  PAYMENT  OF  A  NOMINAL  FEE,  TO  A
NON-CERTIFIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE BY LINE, VAULT
COPY BIRTH CERTIFICATE AND/OR A MEDICAL HISTORY FORM, IF AVAILABLE.
  S  6.   Paragraph (b) of subdivision 3 of section 4138-d of the public
health law, as amended by chapter 181 of the laws of 2010, is amended to
read as follows:
  (b) If the agency determines that the  agency  was  involved  in  such
adoption, it shall transmit the registration to the adoption information
registry  operated  by  the  department and the agency shall release the
non-identifying information, as defined  in  section  forty-one  hundred
thirty-eight-c of this title, to the [adoptee registrant. The agency may
restrict the nature of the non-identifying information released pursuant
to  this section upon a reasonable determination that disclosure of such
non-identifying information would not be in the adoptee's,  the  biolog-
ical sibling's or parent's best interest] ADOPTED PERSON.
  S  7. Section 4104 of the public health law, as amended by chapter 435
of the laws of 2008, is amended to read as follows:
  S 4104. Vital statistics; application of article.  The  provisions  of
this  article  except  for  the provisions contained in paragraph (i) of
subdivision two of section four thousand one hundred, section four thou-
sand one hundred three, subdivision two of  section  four  thousand  one
hundred  thirty-five,  section  four thousand one hundred thirty-five-b,
subdivision eight of section four  thousand  one  hundred  seventy-four,
paragraphs  (b) and (e) of subdivision one, PARAGRAPH (B) OF SUBDIVISION
THREE, AND SUBDIVISIONS FIVE, SEVEN, EIGHT  AND  NINE  of  section  four
thousand  one  hundred  thirty-eight, subdivision eleven of section four
thousand one hundred thirty-eight-c, PARAGRAPH (B) OF SUBDIVISION  THREE
OF  SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-D, SECTION FOUR THOU-
SAND ONE HUNDRED THIRTY-EIGHT-E and section four  thousand  one  hundred
seventy-nine of this article, shall not apply to the city of New York.

S. 4037                             4

  S  8.  Subdivision  1 of section 114 of the domestic relations law, as
amended by chapter 751 of the laws of 1989 and designated by chapter 601
of the laws of 1994, is amended to read as follows:
  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 main-
tenance 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  BIRTH  parents,  which  shall  include
nationality,  ethnic  background and race; education, which shall be the
number of years of school completed by the BIRTH parents at the time  of
the  birth  AND  ALSO  AT  THE  TIME OF SURRENDER of the adoptive child;
general physical appearance of the BIRTH parents  at  the  time  of  the
birth  AND  ALSO  AT  THE TIME OF SURRENDER of the adoptive child, which
shall include height, weight, color of hair, eyes, skin;  occupation  of
the  BIRTH  parents  at  the  time  of the birth AND ALSO AT THE TIME OF
SURRENDER of the adoptive child; health and medical history of the BIRTH
parents at the time of the birth AND ALSO AT THE TIME  OF  SURRENDER  of
the  adoptive  child,  including all available information setting forth
conditions or diseases believed to be hereditary, any drugs  or  medica-
tion  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,  INCLUDING THE talents, hobbies and special interests of
THE BIRTH parents as contained in the  petition,  be  furnished  to  the
adoptive  parents.  IN RECOGNITION OF THE IMPERATIVE LIFELONG IMPORTANCE
OF SUCH INFORMATION FOR THE HEALTH AND WELL-BEING OF THE ADOPTED PERSON,
IT SHALL BE THE DUTY OF THE LAW GUARDIAN AS PROVIDED FOR BY SECTIONS TWO
HUNDRED FORTY-ONE, TWO HUNDRED FORTY-TWO, TWO HUNDRED FORTY-NINE AND TWO
HUNDRED FORTY-NINE-A OF THE FAMILY COURT ACT TO ENSURE THE COMPREHENSIVE
COMPLETION AND FILING OF ALL THE ABOVE REFERENCED INFORMATION  PRIOR  TO
THE  ACCEPTANCE  OF THE TERMINATION OF PARENTAL RIGHTS OR THE ENTRY OF A
CERTIFICATE OF ADOPTION. IT SHALL BE DEEMED BY THAT LEGAL REPRESENTATIVE
THAT SUCH INFORMATION IS ALWAYS IN THE BEST INTEREST OF THE CHILD AND IS
A PROTECTED RIGHT. PRIOR TO TERMINATION OF  DUTIES,  SUCH  LAW  GUARDIAN
SHALL  PROVIDE,  AS DIRECTED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C
OF THE PUBLIC HEALTH LAW AND SECTIONS THREE  HUNDRED  SEVENTY-THREE  AND
THREE HUNDRED SEVENTY-THREE-A OF THE SOCIAL SERVICES LAW, TO THE RESPEC-
TIVE RESPONSIBLE PARTIES ALL SUCH COLLECTED DATA, AND PROVIDE AN AFFIDA-
VIT  TO  THE COURT REPORTING ALL DILIGENT EFFORTS TO OBTAIN SUCH DATA. A
COPY OF SUCH AFFIDAVIT SHALL BE APPENDED TO THE ORIGINAL AND ANY AND ALL
AMENDED BIRTH CERTIFICATES. 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 henceforth  he  OR
SHE  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

S. 4037                             5

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 order, including orders heretofore entered, shall be subject
to  inspection  and  examination  only as hereinafter provided. Notwith-
standing the fact that adoption records shall be sealed and secret, they
may be microfilmed and processed pursuant 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 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 certificates 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.
  S 9. Section 114 of the domestic relations law is amended by adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED PERSON
ATTAINS THE AGE OF THIRTEEN YEARS, SUCH ADOPTED PERSON  SHALL  HAVE  THE
RIGHT, UPON APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE,
TO  A NON-CERTIFIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE BY LINE,
VAULT COPY BIRTH CERTIFICATE AND/OR MEDICAL HISTORY FORM, IF AVAILABLE.
  S 10. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided,  however,
that,  effective  immediately, the commissioner of health is directed to
promulgate such rules and regulations as may be necessary to  carry  out
the provisions of this act.

2011-S4037A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §4138-e, amd §4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L

2011-S4037A (ACTIVE) - Summary

2011-S4037A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4037A

TITLE OF BILL:
An act
to amend the public health law and the domestic relations law, in
relation to enacting the "bill of adoptee rights"

PURPOSE:
Creates the Adoptee Bill of Rights by clarifying language and
procedures for obtaining birth certificates and medical histories for
adoptees.

SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new section 4138-e to the public health law, "Bill
of Adoptee Rights".
Section two amends subdivision 5 of section 4138
of the public health law as amended by chapter 201 of the laws of 1972.
Section three amends paragraph (b) of subdivision 3 of section 4138 of
the public health law as added by chapter 201 of the laws of 1972.
Section four amends subdivision 7 of section 4138 of the public health
law as amended by chapter 644 of the laws of 1988.
Section five amends section 4138 of the public health law by adding
two new subdivisions 8 and 9.
Section six amends paragraph (b) of
subdivision 3 of section 4138-d of the public health law as amended
by chapter 181 of the laws of 2010.

Section seven amends section 4104 of the public health law as amended
by chapter 153 of the laws of 2011.
Section eight amends subdivision 1 of section 114 of the domestic
relations law as amended by chapter 751 of the laws of 1989 and
designated by chapter 601 of the laws of 1994.
Section nine adds a new subdivision 5 to section 114 of the
domestic relations law.
Section 10 is the effective date.

JUSTIFICATION:
This legislation will provide adoptees who are thirteen years or older
with access to information that a non-adopted person has a legal
right to obtain. State law prohibits an adoptee to access their
original birth certificate unless they go through judicial means.
This process does not guarantee that access to their original birth
certificate will be granted. This bill is necessary in order for the
adoptee to request and receive a non-certified copy of an original
birth certificate and/or a medical history form if available.

By allowing access to an adoptees original birth certificate, this
legislation will allow them to have knowledge of their religious and
ethnic heritage. It will also so permit them access to medical
information that may be necessary for preventive health care and
illnesses that are linked to family history and genetics.

This measure allows a birth parent the ability to protect his or her
privacy by completing a contact preference form that would be sent to
the adult adoptee upon a request for a non-certified copy of an
original birth certificate. The contact preference form provides the
birth parent with the option to be contacted by the adoptee, through
an intermediary or not to be contacted at all by the adoptee.

LEGISLATIVE HISTORY:
2011: S.4037 - Referred to Health.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
January 1, next succeeding the date on which it shall have become a law.

2011-S4037A (ACTIVE) - Bill Text download pdf

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

                                 4037--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  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 THIRTEEN YEARS, THAT PERSON SHALL HAVE THE
RIGHT TO RECEIPT OF A NON-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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01540-07-2

S. 4037--A                          2

AND/OR  A MEDICAL HISTORY FORM IF AVAILABLE, UPON APPLICATION, PRESENTA-
TION OF PROOF OF IDENTIFICATION AND THE PAYMENT OF A NOMINAL FEE.
  (B)  WHEN IT SHALL BE IMPOSSIBLE THROUGH GOOD-FAITH EFFORTS TO PROVIDE
A COPY OF AN ADULT ADOPTED PERSON'S ORIGINAL BIRTH  CERTIFICATE  (AS  IN
THE  CASE  OF AN ADOPTED PERSON BORN OUTSIDE OF, BUT ADOPTED WITHIN, THE
STATE OF NEW YORK), THE ADULT ADOPTED PERSON SHALL  HAVE  THE  RIGHT  TO
SECURE  FROM  A  COURT OF COMPETENT JURISDICTION OR THE ADOPTION AGENCY,
THE TRUE AND CORRECT IDENTIFYING INFORMATION THAT WOULD HAVE APPEARED ON
HIS OR HER ORIGINAL BIRTH CERTIFICATE. IN SUCH CASE THE AGENCY SHALL  BE
HELD HARMLESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
  4.  A  BIRTH  PARENT  MAY  AT  ANY  TIME REQUEST FROM THE DEPARTMENT A
CONTACT PREFERENCE FORM THAT SHALL ACCOMPANY A BIRTH CERTIFICATE  ISSUED
UNDER  THIS TITLE. THE CONTACT PREFERENCE FORM SHALL PROVIDE THE FOLLOW-
ING INFORMATION TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
  (A) I WOULD LIKE TO BE CONTACTED.
  (B) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY.
  (C) I HAVE COMPLETED A MEDICAL HISTORY FORM AND HAVE FILED IT WITH THE
DEPARTMENT.
  (D) PLEASE DO NOT CONTACT ME. IF I DECIDE LATER THAT I WOULD  LIKE  TO
BE  CONTACTED,  I  WILL SUBMIT AN UPDATED CONTACT PREFERENCE FORM TO THE
DEPARTMENT.
  THE MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE  DEPART-
MENT AND SHALL BE SUPPLIED TO THE BIRTH PARENT UPON REQUEST OF A CONTACT
PREFERENCE FORM FROM THE DEPARTMENT.
  ONLY  THOSE  PERSONS  WHO  ARE AUTHORIZED TO PROCESS APPLICATIONS MADE
UNDER THIS TITLE MAY PROCESS  CONTACT  PREFERENCE  AND  MEDICAL  HISTORY
FORMS.
  THE  MEDICAL HISTORY FORM AND CONTACT PREFERENCE FORM ARE CONFIDENTIAL
COMMUNICATIONS FROM THE BIRTH PARENT TO THE PERSON NAMED ON  THE  SEALED
BIRTH  CERTIFICATE AND SHALL BE PLACED IN SEPARATE SEALED ENVELOPES UPON
RECEIPT FROM THE BIRTH PARENT. THE SEALED  ENVELOPES  SHALL  BE  MATCHED
WITH AND PLACED IN THE FILE CONTAINING THE SEALED BIRTH CERTIFICATE.
  THE  SEALED  ENVELOPES  CONTAINING  THE  CONTACT  PREFERENCE  FORM AND
MEDICAL HISTORY FORM MAY BE RELEASED TO A PERSON REQUESTING HIS  OR  HER
OWN  ORIGINAL BIRTH CERTIFICATE UNDER THIS TITLE. THE CONTACT PREFERENCE
FORM AND MEDICAL HISTORY FORM ARE PRIVATE COMMUNICATIONS FROM THE  BIRTH
PARENT TO THE PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND NO COPIES
OF  THE FORMS SHALL BE RETAINED BY THE DEPARTMENT.  WHERE ONLY A MEDICAL
HISTORY FORM IS REQUESTED THE BIRTH CERTIFICATE AND  CONTACT  PREFERENCE
FORM SHALL NOT BE SENT, BUT MAY BE REQUESTED AT A LATER DATE.
  S  2.  Subdivision  5  of  section  4138  of the public health law, as
amended by chapter 201 of the laws  of  1972,  is  amended  to  read  as
follows:
  5.  Thereafter,  when  a certified copy or certified transcript of the
certificate of birth of such a person, or a certification of  birth  for
such  person  is  issued,  it shall be based upon the new certificate of
birth, except when an order of a court of competent  jurisdiction  shall
require  the  issuance of a copy of the original certificate of birth OR
UPON A WRITTEN NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF  OR
HERSELF ONCE PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  S  3.  Paragraph  (b)  of  subdivision 3 of section 4138 of the public
health law, as added by chapter 201 of the laws of 1972, is  amended  to
read as follows:
  (b)  Thereafter,  when a verified transcript or certification of birth
of such  person is issued by the registrar, it shall be based  upon  the
new  certificate, except when an order of a court of competent jurisdic-

S. 4037--A                          3

tion shall require the issuance of  a  verified  transcript  or  certif-
ication  based upon the original local record of birth OR UPON A WRITTEN
NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF  OR  HERSELF  ONCE
PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  S  4.  Subdivision  7  of  section  4138  of the public health law, as
amended by chapter 644 of the laws  of  1988,  is  amended  to  read  as
follows:
  7.  Whenever  the  commissioner  makes a new birth certificate for any
person pursuant to the provisions of subdivision one of this section, he
OR SHE shall forward to such person, if [eighteen] THIRTEEN years of age
or more, [or to the parents of such person,] a certified copy, a  certi-
fied  transcript  [or] AND a certification of birth, [whichever he deems
appropriate under the circumstances,] without making any  charge  there-
for.
  S  5.  Section  4138 of the public health law is amended by adding two
new subdivisions 8 and 9 to read as follows:
  8. (A) AN ADOPTED PERSON THIRTEEN YEARS OF AGE OR OLDER, OR THE  BIRTH
PARENT  OR  PARENTS,  MAY  SUBMIT TO THE REGISTRAR A NOTICE OF CHANGE OF
NAME AND/OR ADDRESS AND  SUCH  INFORMATION  SHALL  BE  ATTACHED  TO  THE
ORIGINAL BIRTH CERTIFICATE OF THE ADOPTED PERSON.
  (B)  THE  REGISTRAR  SHALL  DISCLOSE TO THE BIRTH PARENT OR PARENTS AT
SUCH PARENT'S OR PARENTS' REQUEST, THE MOST CURRENT NAME AND ADDRESS  OF
AN  ADOPTED  PERSON  IF THAT ADOPTED PERSON HAS REQUESTED SO BY FILING A
NOTARIZED LETTER WITH THE REGISTRAR.
  9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED  PERSON
ATTAINS  THE AGE OF THIRTEEN YEARS, HE OR SHE SHALL HAVE THE RIGHT, UPON
APPLICATION, PROOF OF IDENTITY AND  PAYMENT  OF  A  NOMINAL  FEE,  TO  A
NON-CERTIFIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE BY LINE, VAULT
COPY BIRTH CERTIFICATE AND/OR A MEDICAL HISTORY FORM, IF AVAILABLE.
  S  6.   Paragraph (b) of subdivision 3 of section 4138-d of the public
health law, as amended by chapter 181 of the laws of 2010, is amended to
read as follows:
  (b) If the agency determines that the  agency  was  involved  in  such
adoption, it shall transmit the registration to the adoption information
registry  operated  by  the  department and the agency shall release the
non-identifying information, as defined  in  section  forty-one  hundred
thirty-eight-c of this title, to the [adoptee registrant. The agency may
restrict the nature of the non-identifying information released pursuant
to  this section upon a reasonable determination that disclosure of such
non-identifying information would not be in the adoptee's,  the  biolog-
ical sibling's or parent's best interest] ADOPTED PERSON.
  S  7. Section 4104 of the public health law, as amended by chapter 153
of the laws of 2011, is amended to read as follows:
  S 4104. Vital statistics; application of article.  The  provisions  of
this  article  except  for  the provisions contained in paragraph (i) of
subdivision two and  subdivision  four  of  section  four  thousand  one
hundred,  section  four  thousand  one hundred three, subdivision two of
section four thousand one hundred thirty-five, section four thousand one
hundred thirty-five-b, subdivision eight of section  four  thousand  one
hundred  seventy-four,  paragraphs (b) and (e) of subdivision one, PARA-
GRAPH (B) OF SUBDIVISION THREE, AND SUBDIVISIONS FIVE, SEVEN, EIGHT  AND
NINE  of  section  four  thousand  one hundred thirty-eight, subdivision
eleven of section four thousand one  hundred  thirty-eight-c,  PARAGRAPH
(B)   OF   SUBDIVISION  THREE  OF  SECTION  FOUR  THOUSAND  ONE  HUNDRED
THIRTY-EIGHT-D, SECTION FOUR THOUSAND  ONE  HUNDRED  THIRTY-EIGHT-E  and

S. 4037--A                          4

section  four  thousand  one hundred seventy-nine of this article, shall
not apply to the city of New York.
  S  8.  Subdivision  1 of section 114 of the domestic relations law, as
amended by chapter 751 of the laws of 1989 and designated by chapter 601
of the laws of 1994, is amended to read as follows:
  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  main-
tenance 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  BIRTH parents, which shall include
nationality, ethnic background and race; education, which shall  be  the
number  of years of school completed by the BIRTH parents at the time of
the birth AND ALSO AT THE TIME  OF  SURRENDER  of  the  adoptive  child;
general  physical  appearance  of  the  BIRTH parents at the time of the
birth AND ALSO AT THE TIME OF SURRENDER of  the  adoptive  child,  which
shall  include  height, weight, color of hair, eyes, skin; occupation of
the BIRTH parents at the time of the birth  AND  ALSO  AT  THE  TIME  OF
SURRENDER of the adoptive child; health and medical history of the BIRTH
parents  at  the  time of the birth AND ALSO AT THE TIME OF SURRENDER of
the adoptive child, including all available  information  setting  forth
conditions  or  diseases believed to be hereditary, any drugs or medica-
tion 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, INCLUDING THE talents, hobbies and special  interests  of
THE  BIRTH  parents  as  contained  in the petition, be furnished to the
adoptive parents.  IN RECOGNITION OF THE IMPERATIVE LIFELONG  IMPORTANCE
OF SUCH INFORMATION FOR THE HEALTH AND WELL-BEING OF THE ADOPTED PERSON,
IT SHALL BE THE DUTY OF THE LAW GUARDIAN AS PROVIDED FOR BY SECTIONS TWO
HUNDRED FORTY-ONE, TWO HUNDRED FORTY-TWO, TWO HUNDRED FORTY-NINE AND TWO
HUNDRED FORTY-NINE-A OF THE FAMILY COURT ACT TO ENSURE THE COMPREHENSIVE
COMPLETION  AND  FILING OF ALL THE ABOVE REFERENCED INFORMATION PRIOR TO
THE ACCEPTANCE OF THE TERMINATION OF PARENTAL RIGHTS OR THE ENTRY  OF  A
CERTIFICATE OF ADOPTION. IT SHALL BE DEEMED BY THAT LEGAL REPRESENTATIVE
THAT SUCH INFORMATION IS ALWAYS IN THE BEST INTEREST OF THE CHILD AND IS
A  PROTECTED  RIGHT.  PRIOR  TO TERMINATION OF DUTIES, SUCH LAW GUARDIAN
SHALL PROVIDE, AS DIRECTED BY SECTION FORTY-ONE  HUNDRED  THIRTY-EIGHT-C
OF  THE  PUBLIC  HEALTH LAW AND SECTIONS THREE HUNDRED SEVENTY-THREE AND
THREE HUNDRED SEVENTY-THREE-A OF THE SOCIAL SERVICES LAW, TO THE RESPEC-
TIVE RESPONSIBLE PARTIES ALL SUCH COLLECTED DATA, AND PROVIDE AN AFFIDA-
VIT TO THE COURT REPORTING ALL DILIGENT EFFORTS TO OBTAIN SUCH  DATA.  A
COPY OF SUCH AFFIDAVIT SHALL BE APPENDED TO THE ORIGINAL AND ANY AND ALL
AMENDED  BIRTH CERTIFICATES. 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 henceforth he OR
SHE 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

S. 4037--A                          5

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 order, including orders heretofore entered, shall be subject
to  inspection  and  examination  only as hereinafter provided. Notwith-
standing the fact that adoption records shall be sealed and secret, they
may be microfilmed and processed pursuant 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 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 certificates 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.
  S 9. Section 114 of the domestic relations law is amended by adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED PERSON
ATTAINS THE AGE OF THIRTEEN YEARS, SUCH ADOPTED PERSON  SHALL  HAVE  THE
RIGHT, UPON APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE,
TO  A NON-CERTIFIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE BY LINE,
VAULT COPY BIRTH CERTIFICATE AND/OR MEDICAL HISTORY FORM, IF AVAILABLE.
  S 10. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that  section
seven  of  this  act  shall take effect on the same date and in the same
manner as chapter 153 of the laws of 2011 takes  effect,  and  provided,
further,  that,  effective  immediately,  the  commissioner of health is
directed to promulgate such rules and regulations as may be necessary to
carry out the provisions of this act.

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Senate Bill S4037A

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Archive: Last Bill Status - In Senate Committee Health Committee

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Health Committee

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