|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 02, 2012||referred to health|
senate Bill S7286
Archive: Last Bill Status - In Senate Health Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7286 - Details
- See Assembly Version of this Bill:
- Law Section:
- Public Health Law
- Laws Affected:
- Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L
S7286 - Sponsor Memo
BILL NUMBER:S7286 TITLE OF BILL: An act to amend the public health law and the domestic relations law, in relation to enacting the "bill of adoptee rights" PURPOSE: Enacts bill of adoptee rights clarifying language and procedures for obtaining birth certificates and medical histories for adoptees SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the public health law by adding a new section 4138-e. Section 2 amends subdivision 5 of section 4138 of the public health law, as amended by chapter 201 of the laws of 1972. Section 3 amends paragraph (b) of subdivision of section 4138 of the public health law, as added by chapter 201 of the laws of 1972. Section 4 amends subdivision 7 of section 4138 of the public health law, as amended by chapter 644 of the laws of 1988. Section 5 amends section 4138 of the public health law by adding two new subdivisions 8 and 9.
S7286 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7286 I N S E N A T E May 2, 2012 ___________ Introduced by Sens. LANZA, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the domestic relations law, in relation to enacting 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. THIS SECTION SHALL BE KNOWN AND MAY BE CITED AS THE "BILL OF ADOPTEE RIGHTS". 2. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWLEDGE, SUPPORT AND ENCOURAGE THE LIFE-LONG HEALTH AND WELL-BEING NEEDS OF PERSONS WHO HAVE BEEN AND WILL BE ADOPTED IN THE STATE OF NEW YORK. THE LEGISLATURE FURTHER RECOGNIZES THAT THE DENIAL OF ACCESS TO ACCURATE AND COMPLETE MEDICAL AND SELF-IDENTIFYING DATA OF ANY ADOPTED PERSON, KNOWN AND WILFULLY WITHHELD BY OTHERS, MAY RESULT IN SUCH PERSON SUCCUMBING TO PREVENTABLE DISEASE, PREMATURE DEATH OR OTHERWISE UNHEALTHY LIFE, IS A VIOLATION OF THAT PERSON'S HUMAN RIGHTS AND IS CONTRARY TO THE TENETS OF GOVERNANCE. AS SUCH, THE PROVISIONS OF THIS SECTION SEEK TO ESTABLISH CONSIDERATIONS UNDER THE LAW FOR ADOPTED PERSONS EQUAL TO SUCH CONSIDER- ATIONS PERMITTED BY LAW TO ALL NON-ADOPTED PERSONS; THIS SECTION DOES SO WHILE PROVIDING FOR THE PRIVACY OF AN ADOPTED PERSON AND HIS OR HER BIRTH AND ADOPTIVE FAMILIES. 3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED PERSON ATTAINS THE AGE OF EIGHTEEN YEARS, THAT PERSON SHALL HAVE THE RIGHT TO RECEIPT OF A NON-CERTIFIED COPY OF HIS OR HER ORIGINAL (LONG FORM, LINE BY LINE VAULT COPY) BIRTH CERTIFICATE AND ANY CHANGE HIS OR HER BIRTH PARENT OR PARENTS MAY HAVE ATTACHED TO THAT CERTIFICATE, AND/OR A MEDICAL HISTORY FORM IF AVAILABLE, UPON APPLICATION, PRESENTA- TION OF PROOF OF IDENTIFICATION AND THE PAYMENT OF A NOMINAL FEE. (B) WHEN IT SHALL BE IMPOSSIBLE THROUGH GOOD-FAITH EFFORTS TO PROVIDE A COPY OF AN ADULT ADOPTED PERSON'S ORIGINAL BIRTH CERTIFICATE (AS IN THE CASE OF AN ADOPTED PERSON BORN OUTSIDE OF, BUT ADOPTED WITHIN, THE STATE OF NEW YORK), THE ADULT ADOPTED PERSON SHALL HAVE THE RIGHT TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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