Senate Bill S537B

                                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.

                                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.