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 - Details

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

S537 - 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.

S537 - Sponsor Memo

S537 - Bill Text download pdf

                    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 - Details

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

S537A - 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.

S537A - Sponsor Memo

S537A - Bill 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) - Details

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

S537B (ACTIVE) - 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.

S537B (ACTIVE) - Sponsor Memo

S537B (ACTIVE) - Bill 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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