senate Bill S7286

2011-2012 Legislative Session

Enacts bill of adoptee rights clarifying language and procedures for obtaining birth certificates and medical histories for adoptees

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2012 referred to health

Co-Sponsors

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S7286 - Details

See Assembly Version of this Bill:
A8910A
Law Section:
Public Health Law
Laws Affected:
Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L

S7286 - 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.

S7286 - Sponsor Memo

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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