|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Aug 17, 2012||
|Aug 06, 2012||
delivered to governor
|Jun 20, 2012||
returned to assembly
3rd reading cal.1392
substituted for s7548
|Jun 20, 2012||
substituted by a10179a
ordered to third reading cal.1392
committee discharged and committed to rules
|Jun 01, 2012||
referred to children and families
senate Bill S7548Signed By Governor
Relates to adoptions from a foreign country
Archive: Last Bill Status Via A10179 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (10)
Jun 20, 2012 - floor VoteA10179A600floor60Aye0Nay0Absent2Excused0Abstained
show floor vote details
Floor Vote: Jun 20, 2012aye (60)
Jun 20, 2012 - Rules committee VoteS7548240committee24Aye0Nay1Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S7548 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §111-c, Dom Rel L; amd §4138-b, Pub Health L
S7548 - Bill Texts
Relates to adoptions from a foreign country.
view sponsor memo
TITLE OF BILL:
to amend the domestic relations law and the public health law, in
relation to adoptions from a foreign country
This bill makes technical amendments in regards to international
adoptions made with IH-3 visas.
SUMMARY OF PROVISIONS:
Amends DOM 111-c(1), DOM 111-c(3), PBH 4138-b, to include IH-3 visas.
A resident of New York who wishes to adopt an international child has
two options. They can complete the adoption abroad, granting U.S.
citizenship to the child upon entry into the United States or the
resident can bring the child to the United States and complete the
When attempting to complete the adoption abroad there are two
different visas depending on whether the child's home country is a
member of the Hague Convention. Hague countries use IH-3 visas. Non
Hague countries use IH-3 Visas. The Hague Adoption Convention is an
international agreement to establish safeguards to ensure that
intercountry adoptions take place in the best interests of the child.
The United States signed onto the Convention in April 2008.
The Hague Adoption Convention applies to adoptions between the United
States and the other countries that have joined it such as Albania,
Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Canada,
Chile, People's Republic of China, Cyprus, Czech Republic, Denmark,
Ecuador, Estonia, Finland, France, Georgia, Gem1any, Hungary,
Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg,
Malta, Mexico, Monaco, Netherlands, New Zealand, Norway, Panama,
Paraguay, Peru, Poland, Portugal, Romania, Russian Federation,
Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden,
Switzerland, Turkey, United Kingdom of Great Britain and Northern
Ireland, United States of America, Uruguay, Venezuela.
Currently New York law only recognizes IR-3 visas or adoptions
completed in non-Hague convention states. While IH-3 visas are being
accepted by judges, this legislation will correct the omission and
place IH-3 visas into New York law preventing potentially catastrophe.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE:
None to the state.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 7548 I N S E N A T E June 1, 2012 ___________ Introduced by Sen. SALAND -- 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 and the public health law, in relation to adoptions from a foreign country THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 1 of section 111-c of the domestic relations law, as added by chapter 329 of the laws of 2008, is amended to read as follows: (b) the validity of the foreign adoption has been verified by the granting of an IR-3 [immigrant visa], IH-3, or a successor immigrant visa, for the child by the United States Citizenship and Immigration Services. S 2. Subdivision 3 of section 111-c of the domestic relations law, as added by chapter 329 of the laws of 2008, is amended to read as follows: 3. Either adoptive parent or a guardian or a guardian ad litem may register the order in this state with the judge or surrogate of the county in which the adoptive parent or parents reside. A petition for registration of a foreign adoption order may be combined with a petition for a name change. If the court finds that the foreign adoption order meets the requirements of subdivision one of this section, the court shall issue a finding as to aspects of the foreign adoption, to wit, the names of the adoptive parents, the name or names and reported birth date of the adoptive child, the country of the adoptive child's birth, the country and the date of the foreign adoption, the state residency of the adoptive parent or parents and adoptive child, and a finding as to the date and issuance of an IR-3, IH-3, OR A SUCCESSOR immigrant visa; and, the court shall issue an order of adoption to the party who has peti- tioned for such an order. S 3. Section 4138-b of the public health law, as amended by chapter 181 of the laws of 2010, is amended to read as follows: S 4138-b. Birth certificate: foreign country adoption. Whenever the adoption or finalization of a foreign adoption or recognition of a foreign adoption of a child pursuant to section one hundred eleven-c of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15732-03-2 S. 7548 2 the domestic relations law has been reported to the commissioner, the commissioner shall file a birth certificate for the child provided there is no other birth certificate or other birth record on file other than in the country where such child was born and provided, further, that a certificate of birth data does not exist for that person. Such birth certificate shall be filed upon receipt of: proof that the adoptive parent was a resident of this state at the time of adoption; a copy of the adoption documents of the jurisdiction or country in which the child was adopted; a certified translation of the foreign adoption documents, evidence of the date and place of the child's birth; and evidence of IR-3 [or], IR-4 OR IH-3 immigrant visa status or a successor immigrant visa status. The birth certificate shall include the child's name, sex, date of birth, time of birth, place of birth, mother's maiden name, and father's name. A birth certificate for a foreign country adoption which has been filed by a local registrar and all supporting documentation shall be submitted by the local registrar to the commissioner who shall file a new birth certificate pursuant to this section. S 4. This act shall take effect immediately.
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