senate Bill S5783A

2011-2012 Legislative Session

Establishes the Bill of Adoptee Rights

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Health 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2012 print number 5783a
Jan 23, 2012 amend and recommit to health
Jan 04, 2012 referred to health
Jun 16, 2011 referred to rules

S5783 - Details

See Assembly Version of this Bill:
A2003B
Law Section:
Public Health Law
Laws Affected:
Add §4138-e, Pub Health L

S5783 - Summary

Enacts Bill of Adoptee Rights clarifying language and procedures for obtaining birth certificates and medical histories of adoptees; permits an adopted adult to access certain records when they reach the age of 18; creates a contact preference to be filed by birth parents.

S5783 - Sponsor Memo

S5783 - Bill Text download pdf

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

                                  5783

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 16, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation to creating the  bill
  of adoptee rights

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

  Section 1. The public health law is amended by adding  a  new  section
4138-e to read as follows:
  S  4138-E.  BILL  OF  ADOPTEE  RIGHTS. 1. (A) COMMENCING ON JANUARY 1,
2013, EXCEPT AS PROVIDED IN SUBDIVISION TWO OR THREE  OF  THIS  SECTION,
AND  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW, A PERSON EIGHTEEN
YEARS OF AGE OR MORE WHO WAS BORN IN THIS STATE  AND  THEN  ADOPTED  AND
WHOSE  LONG-FORM  BIRTH  CERTIFICATE  WAS THEN SEALED IN THIS STATE, MAY
OBTAIN A CERTIFIED COPY OF SUCH LONG-FORM  BIRTH  CERTIFICATE  FROM  THE
DEPARTMENT IN ACCORDANCE WITH THIS SECTION. (B) SUCH A CERTIFIED COPY OF
A LONG-FORM BIRTH CERTIFICATE SUPPLIED BY THE DEPARTMENT SHALL INCLUDE A
LEGEND,  APPEARING  PROMINENTLY  ON  EACH PAGE OF THE DOCUMENT PROVIDED,
STATING AS FOLLOWS:
  THIS IS A CERTIFIED  COPY  OF  AN  ORIGINAL  BIRTH  CERTIFICATE.  THIS
ORIGINAL BIRTH CERTIFICATE HAS BEEN SUPERSEDED BY ANOTHER CERTIFICATE ON
FILE WITH THE APPROPRIATE GOVERNMENT AGENCY.
  2. AT ANY TIME PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN, A PERSON
LISTED  AS  A BIRTH PARENT ON A CONFIDENTIAL LONG-FORM BIRTH CERTIFICATE
MAY, IN WRITING, CONFIRM THAT HE OR SHE WISHES TO MAINTAIN THE CONFIDEN-
TIALITY OF SUCH DOCUMENT. IF A WRITTEN CONFIRMATION AS DESCRIBED IN THIS
SUBDIVISION IS RECEIVED FROM SUCH A BIRTH PARENT BY THE DEPARTMENT ON OR
BEFORE JANUARY FIRST, TWO  THOUSAND  THIRTEEN,  THEN  PARAGRAPH  (A)  OF
SUBDIVISION  ONE OF THIS SECTION SHALL NOT APPLY TO SUCH LONG-FORM BIRTH
CERTIFICATE PROVIDED, HOWEVER, THAT PARAGRAPH (A) OF SUBDIVISION ONE  OF
THIS  SECTION SHALL APPLY ON OR AFTER THAT DATE IF, AFTER SUCH CONFIRMA-
TION IS RECEIVED BY THE  DEPARTMENT,  SUCH  BIRTH  PARENT  DIES  OR  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13149-03-1

Co-Sponsors

S5783A (ACTIVE) - Details

See Assembly Version of this Bill:
A2003B
Law Section:
Public Health Law
Laws Affected:
Add §4138-e, Pub Health L

S5783A (ACTIVE) - Summary

Enacts Bill of Adoptee Rights clarifying language and procedures for obtaining birth certificates and medical histories of adoptees; permits an adopted adult to access certain records when they reach the age of 18; creates a contact preference to be filed by birth parents.

S5783A (ACTIVE) - Sponsor Memo

S5783A (ACTIVE) - Bill Text download pdf

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

                                 5783--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 16, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the public health law, in relation to creating the bill
  of adoptee rights

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

  Section  1.  The  public health law is amended by adding a new section
4138-e to read as follows:
  S 4138-E. BILL OF ADOPTEE RIGHTS. 1. (A) COMMENCING ON JANUARY  FIRST,
TWO THOUSAND FOURTEEN, EXCEPT AS PROVIDED IN SUBDIVISION TWO OR THREE OF
THIS  SECTION,  AND  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW, A
PERSON EIGHTEEN YEARS OF AGE OR MORE WHO WAS BORN IN THIS STATE AND THEN
ADOPTED AND WHOSE LONG-FORM BIRTH CERTIFICATE WAS THEN  SEALED  IN  THIS
STATE,  MAY  OBTAIN A CERTIFIED COPY OF SUCH LONG-FORM BIRTH CERTIFICATE
FROM THE DEPARTMENT IN ACCORDANCE WITH THIS SECTION. (B) SUCH  A  CERTI-
FIED  COPY  OF  A LONG-FORM BIRTH CERTIFICATE SUPPLIED BY THE DEPARTMENT
SHALL INCLUDE A LEGEND, APPEARING PROMINENTLY ON EACH PAGE OF THE  DOCU-
MENT PROVIDED, STATING AS FOLLOWS:
  THIS  IS  A  CERTIFIED  COPY  OF  AN  ORIGINAL BIRTH CERTIFICATE. THIS
ORIGINAL BIRTH CERTIFICATE HAS BEEN SUPERSEDED BY ANOTHER CERTIFICATE ON
FILE WITH THE APPROPRIATE GOVERNMENT AGENCY.
  2. AT ANY TIME PRIOR TO JANUARY FIRST, TWO THOUSAND FOURTEEN, A PERSON
LISTED AS A BIRTH PARENT ON A CONFIDENTIAL LONG-FORM  BIRTH  CERTIFICATE
MAY, IN WRITING, CONFIRM THAT HE OR SHE WISHES TO MAINTAIN THE CONFIDEN-
TIALITY OF SUCH DOCUMENT. IF A WRITTEN CONFIRMATION AS DESCRIBED IN THIS
SUBDIVISION IS RECEIVED FROM SUCH A BIRTH PARENT BY THE DEPARTMENT ON OR
BEFORE  JANUARY  FIRST,  TWO  THOUSAND  FOURTEEN,  THEN PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH LONG-FORM  BIRTH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13149-04-1

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