Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 16, 2014 |
print number 2490b |
Jun 16, 2014 |
amend (t) and recommit to health |
Jan 08, 2014 |
referred to health |
Jan 29, 2013 |
print number 2490a |
Jan 29, 2013 |
amend (t) and recommit to health |
Jan 17, 2013 |
referred to health |
Senate Bill S2490A
2013-2014 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
Archive: Last Bill Status - In Senate Committee Health Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2013-S2490 - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S5783
2015-2016: S3314
2013-S2490 - Sponsor Memo
BILL NUMBER:S2490 TITLE OF BILL: An act to amend the public health law, in relation to creating the bill of adoptee rights PURPOSE: To establish the Bill of Adoptee Rights. SUMMARY OF PROVISIONS: The bill amends the public health law by adding a new section, § 4136-e, to establish the "Sill of Adoptee Rights", as of January 1, 2014 an adoptee, who is at least 18 years old, may request and receive a certified copy of his or her original birth. Such copy shall include a legend, appearing prominently on each page of the document that states:"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 This original birth certificate has been superseded by another certificate on file with the appropriate government agency." Prior to January 1, 2014 a birth parent may, in writing confirm that they wish to maintain the confidentiality of the certificate. A person 18 years or older, born in New York State and adopted, and whose long form birth certificate was sealed, may obtain a certified copy of such certificate upon supplying proof that a.11 birth parents listed on the document have died. The department shall promulgate and make publicly available forms that
2013-S2490 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2490 2013-2014 Regular Sessions I N S E N A T E January 17, 2013 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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 FIFTEEN, 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 FIFTEEN, 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 FIFTEEN, THEN PARAGRAPH (A) OF SUBDI- VISION 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. LBD02906-01-3
co-Sponsors
(D) 15th Senate District
(D) Senate District
(R, C, IP) Senate District
(D, WF) 46th Senate District
2013-S2490A - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S5783
2015-2016: S3314
2013-S2490A - Sponsor Memo
BILL NUMBER:S2490A 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: This bill would allow an adopted person who is at least eigh- teen years of age to request from the Department of Health a non-certi- fied copy of his or her original birth certificate and/or a medical history form if available SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the public health law by adding a new section, § 4138-e, to establish the "Bill of Adoptee Rights", An adoptee, who is at least 18 years old, may request and receive a non-certified copy of his or her original birth certif- icate and/or a medical history form, if available, upon proper identifi- cation and payment of a nominal fee. Where only a medical history form is requested, the birth certificate and contact preference form will not be sent, but may be requested at a later date. If a copy of the birth certificate cannot be provided, then the adult adoptee may secure from a court of competent jurisdiction or the adoption agency the information that would have appeared on the original birth certificate. A contact preference form and/or a medical history form may be filed by the birth parent(s) with the Department of Health at any time. Section 2 amends § 4138 of the public health law to allow an adult adopted person to request a certified copy or certified transcript of
2013-S2490A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2490--A 2013-2014 Regular Sessions I N S E N A T E January 17, 2013 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02906-03-3
co-Sponsors
(D) 15th Senate District
(D) Senate District
(R, C, IP) Senate District
(D, WF) 46th Senate District
2013-S2490B (ACTIVE) - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S5783
2015-2016: S3314
2013-S2490B (ACTIVE) - Sponsor Memo
BILL NUMBER:S2490B TITLE OF BILL: An act to amend the domestic relations law and the public health law, in relation to adoptee rights PURPOSE: This bill would allow an adopted person who is at least eigh- teen years of age to request from the court from which the order of adoption was made, or from the supreme court, a non-certified copy of his or her original birth certificate and/or a medical history form if available SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends subdivision 2 of § 114 of the Domestic Relations Law to allow for exemptions included in subdivision 4 and 5 of this section. Section 2 amends § 114 of the Domestic Relations Law by adding a new subdivision 5 to allow an adult adopted person over the age of 18 to request from the court where the adoption was made or the supreme court a non-certified copy of his or her original long form birth certificate or identifying information in the case where a birth certificate is not available. The adopted person needs sufficient proof of identity to obtain documents. Section 2 subsection (b) directs the court to supply the state depart- ment of health with the adopted person's birth parent or parents' iden- tifying information so the department of health can make a reasonable
2013-S2490B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2490--B 2013-2014 Regular Sessions I N S E N A T E January 17, 2013 ___________ Introduced by Sens. LANZA, ADDABBO, AVELLA, BALL, BRESLIN, CARLUCCI, DILAN, ESPAILLAT, FLANAGAN, GIANARIS, GOLDEN, HASSELL-THOMPSON, HOYL- MAN, KRUEGER, LARKIN, LATIMER, LAVALLE, LITTLE, MONTGOMERY, PARKER, PERALTA, PERKINS, ROBACH, SAMPSON, SAVINO, SEWARD, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 domestic relations law and the public health law, in relation to adoptee rights THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature hereby states its intention to acknowledge, support and encourage the life-long health and well-being of persons who have been and will be adopted in the state of New York. The legislature further recognizes that the inability to access accurate and complete medical and self-identifying data of any adopted person may result in such person succumbing to preventable disease, premature death or otherwise unhealthy life. As such, the provisions of this act seek to establish considerations under the law for adopted persons to access their birth information while providing for the privacy of an adopted person and his or her birth and adoptive families. S 2. Subdivision 2 of section 114 of the domestic relations law, as amended by chapter 559 of the laws of 1992 and as designated by chapter 601 of the laws of 1994, is amended to read as follows: 2. No person, including the attorney for the adoptive parents shall disclose the surname of the child directly or indirectly to the adoptive parents except upon order of the court. No person shall be allowed EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02906-05-4
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