senate Bill S537B

2011-2012 Legislative Session

Allows release of non-certified copy of birth certificate to adoptee without court order if adoptee and a birth parent register with state's adoption registry

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Archive: Last Bill Status - In 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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
May 19, 2011 committee discharged and committed to health
May 13, 2011 print number 537b
amend (t) and recommit to children and families
Apr 14, 2011 print number 537a
amend (t) and recommit to children and families
Jan 05, 2011 referred to children and families

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S537 - Bill Details

See Assembly Version of this Bill:
A6368B
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §4138-c, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S1842

S537 - Bill Texts

view summary

Allows release of non-certified copy birth certificate to adoptee without court order if adoptee and birth parent register with state's adoption registry.

view sponsor memo
BILL NUMBER:S537

TITLE OF BILL:

An act
to amend the domestic relations law, in relation to adoption records

PURPOSE:

Allows the release of birth certificates to adoptive persons without a
court order as long as the persons and birth parents register with
the state's adoption registry and consent to such release.

SUMMARY OF PROVISIONS:

Section 1 amends section 114 of the domestic relations law by adding a
new subdivision 5 authorizing an adopted person who has reached his
or her majority to access his or her original birth certificate
without the necessity of a court order upon proof to the court in
which the order was granted that the adopted person and his or her
birth parents have registered with the state's adoption registry and
have consented to the release of this identifying information. If
only one birth parent executed the surrender agreement or consented
to the adoption, then the registration of the other parent is not
necessary for the release of information pursuant to this subdivision.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:

There are three kinds of information currently available to adoptees
who register with the Adoption Information Registry maintained by the
State Department of Health: non-identifying, identifying, and
health-related information. Non-identifying information about an
adoptee's birth parents is often furnished by adoption agencies and
can include religion, ethnicity, race, education, occupation, etc;
the name of the agency that arranged the adoption; and the facts and
circumstances relating to the nature and cause of the adoption. This
information is available even if the birth parents have not
registered with the state. Identifying information - name and address
of each party - is only shared if the adoptee and his or her birth
parents have all registered and given consent for this information to
be released. Medical information can also be furnished by a birth
parent regardless of whether or not that person consents to the
release of identifying information.

This bill would apply only to those situations where an adoptee and
any required birth parents have all registered and consented to the
release
of identifying information. It would allow willing adoptees with
willing biological parents to have access to their original birth
certificates without the added burden of having to obtain an order
from the court in which the original adoption order was granted.

LEGISLATIVE HISTORY:


2010 - S.1842 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES
2008 - S.2261 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES
2006 - S.4792 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                   537

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the domestic relations  law,  in  relation  to  adoption
  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  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  AN  ADOPTIVE  PERSON  WHO HAS REACHED HIS OR HER MAJORITY MAY HAVE
ACCESS TO HIS OR HER ORIGINAL BIRTH CERTIFICATE WITHOUT THE NECESSITY OF
A COURT ORDER UPON PROOF TO THE COURT IN WHICH  THE  ORDER  WAS  GRANTED
THAT  THE  ADOPTIVE PERSON AND HIS OR HER BIOLOGICAL PARENTS HAVE REGIS-
TERED WITH THE STATE'S ADOPTION  REGISTRY  AND  HAVE  CONSENTED  TO  THE
RELEASE  OF  THE  IDENTIFYING INFORMATION. IF ONLY ONE BIOLOGICAL PARENT
EXECUTED THE SURRENDER AGREEMENT OR CONSENTED TO THE ADOPTION, THEN  THE
REGISTRATION  OF  THE OTHER BIOLOGICAL PARENT IN SAID REGISTRY SHALL NOT
BE NECESSARY FOR THE RELEASE OF THE INFORMATION PURSUANT TO THIS  SUBDI-
VISION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04344-01-1

S537A - Bill Details

See Assembly Version of this Bill:
A6368B
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §4138-c, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S1842

S537A - Bill Texts

view summary

Allows release of non-certified copy birth certificate to adoptee without court order if adoptee and birth parent register with state's adoption registry.

view sponsor memo
BILL NUMBER:S537A

TITLE OF BILL:

An act
to amend the domestic relations law, in relation to release of
a non-certified copy of the birth certificate of an adoptive person
without a court order

PURPOSE:

Allows for the release of a non-certified copy of an original birth
certificate to adoptive persons without the need to obtain a court
order for such document as long as such adoptive person and birth
parents register with the state's adoption registry and consent to
such release.

SUMMARY OF PROVISIONS:

Section 1: Adds a new Domestic Relations Law section (5) to authorize
an adopted person who 18 years or older to access a non-certified
copy of his or her original birth certificate without the necessity
of obtaining a court order upon proof to the court in which the order
was granted that the adopted person and his or her birth parents have
registered with the state's adoption registry and have consented to
the release of this identifying information.
If only one birth parent executed the surrender agreement or
consented to the adoption, then the registration of the other parent
is not necessary for the release of information pursuant to this
subdivision.

Section 2: This law becomes effective one year after it shall have
become law.

JUSTIFICATION:

There are three kinds of information currently available to adoptees
who register with the Adoption Information Registry maintained by the
state Department of Health: non-identifying, identifying, and
health-related information. Non-identifying information about an
adoptee's birth parents is often furnished by adoption agencies and
can include religion, ethnicity, race, education, occupation, etc;
the name of the agency that arranged the adoption; and the facts and
circumstances relating to the nature and cause of the adoption. This
information is available even if the birth parents have not
registered with the state. Identifying information - name and address
of each party - is only shared if the adoptee and his or her birth
parents have all registered and given
consent for this information to be released. Medical information can
also be furnished by a birth parent regardless of whether or not that
person consents to the release of identifying information.

This bill would apply only to those situations where an adoptee and
any required birth parents have all registered and consented to the
release of identifying information. It would allow willing adoptees
with willing biological parents to have access to a non-certified


copy of their original birth certificate without the added burden of
having to obtain an order from the court in which the original
adoption order was granted.

LEGISLATIVE HISTORY:

2010 - S.1842 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES
2008 - S.2261 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES
2006 - S.4792 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 537--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the domestic relations law, in relation to release of  a
  non-certified  copy  of  the  birth  certificate of an adoptive person
  without a court order

  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 is amended by
adding a new subdivision 5 to read as follows:
  5. AN ADOPTIVE PERSON WHO HAS REACHED THE AGE  OF  EIGHTEEN  MAY  HAVE
ACCESS  TO  A NON-CERTIFIED COPY OF THEIR ORIGINAL BIRTH CERTIFICATE, IF
AVAILABLE, WITHOUT THE NECESSITY OF OBTAINING A COURT ORDER. UPON APPLI-
CATION TO SUCH COURT, THE COURT SHALL RELEASE A  NON-CERTIFIED  COPY  OF
SUCH  BIRTH  CERTIFICATE TO SUCH ADOPTIVE PERSON UPON PROOF TO THE COURT
IN WHICH AN ORDER WAS GRANTED THAT THE ADOPTED PERSON  AND  HIS  OR  HER
BIRTH PARENTS HAVE REGISTERED WITH THE STATE ADOPTION INFORMATION REGIS-
TRY  PURSUANT  TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C OF THE PUBLIC
HEALTH LAW AND HAVE CONSENTED TO THE RELEASE OF THE IDENTIFYING INFORMA-
TION. IF ONLY ONE BIOLOGICAL PARENT EXECUTED THE SURRENDER AGREEMENT  OR
CONSENTED TO THE ADOPTION, THEN THE REGISTRATION OF THE OTHER BIOLOGICAL
PARENT  IN  SAID REGISTRY SHALL NOT BE NECESSARY FOR THE RELEASE OF SUCH
BIRTH CERTIFICATE PURSUANT TO THIS SUBDIVISION.
  S 2. This act shall take effect one year after it shall have become  a
law,  provided,  that,  effective immediately, any rules and regulations
necessary to implement the provisions of this act on its effective  date
are  authorized  and directed to be amended, added and/or repealed on or
before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04344-04-1

S537B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6368B
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §4138-c, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S1842

S537B (ACTIVE) - Bill Texts

view summary

Allows release of non-certified copy birth certificate to adoptee without court order if adoptee and birth parent register with state's adoption registry.

view sponsor memo
BILL NUMBER:S537B

TITLE OF BILL:
An act
to amend the public health law, in relation to the
release of
a non-certified copy of the birth certificate of an adoptee
without a court order

PURPOSE:
Allows for the release of a non-certified copy of an original birth
certificate to an adoptee without the need to obtain a court order
for such document as long as such adoptive person and birth parents
register with the state's adoption registry and consent to such
release.

SUMMARY OF PROVISIONS:
Section 1: Amends Public Health Law section 4138-c(5) to authorize an
Adoptee to have access a non-certified copy of his or her original
birth certificate without the necessity of obtaining a court order.
Such document can be provided if the adopted person and his or her
birth parents have registered with the state's adoption registry and
have consented to the release of this identifying information. If
only one birth parent executed the surrender agreement or consented
to the adoption, then the registration of the other parent is not
necessary for the release of information pursuant to this subdivision.

Section 2: This law becomes effective 180 days after it shall have
become law.

JUSTIFICATION:
There are three kinds of information currently available to adoptees
who register with the Adoption Information Registry maintained by the
state Department of Health: non-identifying, identifying, and
health-related information. Non-identifying information about an
adoptee's birth parents is often furnished by adoption agencies and
can include religion, ethnicity, race, education, occupation, etc;
the name of the agency that arranged the adoption; and the facts and
circumstances relating to the nature and cause of the adoption. This
information is available even if the birth parents have not
registered with the state. Identifying information - name and address
of each party - is only shared if the adoptee and his or her birth
parents have all registered and given
consent for this information to be released. Medical information can
also be furnished by a birth parent regardless of whether or not that
person consents to the release of identifying information.

This bill would apply only to those situations where an adoptee and
any required birth parents have all registered and consented to the
release of identifying information. It would allow willing adoptees
with willing biological parents to have access to a non-certified

copy of their original birth certificate without the added burden of
having to obtain an order from the court in which the original
adoption order was granted.

LEGISLATIVE HISTORY:
2010: S.1842 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES
2008: S.2261 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES
2006: S.4792 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall
become law, with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 537--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the public health law, in relation to the release of a
  non-certified copy of the birth certificate of an  adoptee  without  a
  court order

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

  Section 1.  Subdivision 5 of section 4138-c of the public  health  law
is amended by adding a new paragraph (c) to read as follows:
  (C)  IF THE DEPARTMENT DETERMINES THAT THERE IS A CORRESPONDING REGIS-
TRATION FOR THE ADOPTEE AND FOR EITHER OF THE BIRTH  PARENTS,  AND  EACH
HAS  CONSENTED TO THE RELEASE OF IDENTIFYING INFORMATION ABOUT THE BIRTH
PARENTS AND THE ADOPTEE, RESPECTIVELY, THE DEPARTMENT SHALL  NOTIFY  THE
COURT  WHEREIN  THE  ADOPTION  OCCURRED THAT A NON-CERTIFIED COPY OF THE
ADOPTEE'S ORIGINAL BIRTH CERTIFICATE, IF AVAILABLE,  SHALL  BE  PROMPTLY
RELEASED  TO  THE  ADOPTEE WITHOUT NECESSITY OF A COURT ORDER. PROVIDED,
THAT IF ONLY ONE  BIRTH  PARENT  EXECUTED  THE  SURRENDER  AGREEMENT  OR
CONSENTED  TO  THE  ADOPTION,  THEN  THE REGISTRATION OF THE OTHER BIRTH
PARENT IN THE REGISTRY SHALL NOT BE NECESSARY FOR THE RELEASE OF SUCH  A
BIRTH CERTIFICATE PURSUANT TO THIS PARAGRAPH.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law, provided, that, effective immediately, any
rules and regulations necessary to implement the provisions of this  act
on  its  effective date are authorized and directed to be amended, added
and/or repealed on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04344-06-1

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