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Assembly Bill A6368B

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 Assembly Committee

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Bill Amendments

2011-A6368 - Details

See Senate Version of this Bill:
S537
Current Committee:
Assembly Judiciary
Law Section:
Public Health Law
Laws Affected:
Amd §4138-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1842
2013-2014: A875
2015-2016: A3369
2017-2018: A5449

2011-A6368 - Summary

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.

2011-A6368 - Bill Text download pdf 

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

                                  6368

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2011
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Judiciary

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

2011-A6368A - Details

See Senate Version of this Bill:
S537
Current Committee:
Assembly Judiciary
Law Section:
Public Health Law
Laws Affected:
Amd §4138-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1842
2013-2014: A875
2015-2016: A3369
2017-2018: A5449

2011-A6368A - Summary

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.

2011-A6368A - Bill Text download pdf 

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

                                 6368--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2011
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on  Judiciary -- 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.
                                                           LBD04344-05-1

2011-A6368B (ACTIVE) - Details

See Senate Version of this Bill:
S537
Current Committee:
Assembly Judiciary
Law Section:
Public Health Law
Laws Affected:
Amd §4138-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1842
2013-2014: A875
2015-2016: A3369
2017-2018: A5449

2011-A6368B (ACTIVE) - Summary

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.

2011-A6368B (ACTIVE) - Bill Text download pdf 

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

                                 6368--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2011
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on  Judiciary -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  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.
                                                           LBD04344-07-1

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