S T A T E O F N E W Y O R K
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4016
2013-2014 Regular Sessions
I N A S S E M B L Y
January 30, 2013
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Introduced by M. of A. GABRYSZAK, GIGLIO -- read once and referred to
the Committee on Judiciary
AN ACT to amend the public health law, in relation to establishing a
voluntary confidential intermediary adoption program to help in the
search for a birth parent or adopted person
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. VOLUNTARY CONFIDENTIAL INTERMEDIARY ADOPTION PROGRAM. 1. A
VOLUNTARY CONFIDENTIAL INTERMEDIARY ADOPTION PROGRAM SHALL BE ESTAB-
LISHED AND MAINTAINED BY THE DEPARTMENT. UNDER SUCH PROGRAM, AN ADOPTED
PERSON OVER THE AGE OF TWENTY-ONE YEARS, OR AN ADOPTED PERSON UNDER THE
AGE OF TWENTY-ONE YEARS WITH THE PERMISSION OF AN ADOPTIVE PARENT, OR A
BIRTH PARENT OR MEMBER OF THE BIRTH PARENT'S FAMILY AFTER THE ADOPTEE
HAS REACHED THE AGE OF TWENTY-ONE YEARS MAY PETITION THE FAMILY COURT TO
APPOINT A CONFIDENTIAL INTERMEDIARY WHO SHALL BE AN INDIVIDUAL WITH NO
RELATION OR CONNECTION TO THE PETITIONER AND WHO HAS COMPLETED ALL THE
REQUIREMENTS FOR CONFIDENTIAL INTERMEDIARIES UNDER THIS SECTION AND AS
ESTABLISHED BY THE DEPARTMENT.
2. IF A FAMILY COURT DECIDES TO APPOINT A CONFIDENTIAL INTERMEDIARY,
SUCH INTERMEDIARY SHALL SEARCH FOR AND DISCREETLY CONTACT THE BIRTH
PARENT OR ADOPTED PERSON, OR IF THEY ARE NOT ALIVE OR CANNOT BE LOCATED
WITHIN ONE YEAR, THE INTERMEDIARY MAY ATTEMPT TO LOCATE MEMBERS OF THE
BIRTH PARENT OR ADOPTED PERSON'S FAMILY. THESE FAMILY MEMBERS SHALL BE
LIMITED TO THE NATURAL GRANDPARENTS OF THE ADULT ADOPTEE, A BROTHER OR
SISTER OF A NATURAL PARENT, OR THE CHILD OF A NATURAL PARENT. THE COURT,
FOR GOOD CAUSE SHOWN, MAY ALLOW A RELATIVE MORE DISTANT IN DEGREE TO
PETITION FOR DISCLOSURE.
3. CONFIDENTIAL INTERMEDIARIES APPOINTED UNDER THIS SECTION SHALL
COMPLETE TRAINING PROVIDED BY THE DEPARTMENT, A LICENSED ADOPTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08074-01-3
A. 4016 2
SERVICE OR ANOTHER COURT-APPROVED ENTITY AND FILE AN OATH OF CONFIDEN-
TIALITY AND A CERTIFICATE OF COMPLETION OF TRAINING WITH THE FAMILY
COURT OF EVERY COUNTY IN WHICH THEY SERVE AS INTERMEDIARIES. ANY COST
INCURRED FOR SUCH TRAINING SHALL BE BORNE BY THE CONFIDENTIAL INTERME-
DIARY. THE COURT MAY DISMISS AN INTERMEDIARY IF THE INTERMEDIARY ENGAGES
IN CONDUCT WHICH VIOLATES PROFESSIONAL OR ETHICAL STANDARDS.
4. THE CONFIDENTIAL INTERMEDIARY SHALL SIGN A STATEMENT OF CONFIDEN-
TIALITY WHICH SHALL BE FILED WITH THE DEPARTMENT WHICH STATES THE
FOLLOWING:
I, .........., SIGNING UNDER PENALTY OF CONTEMPT OF COURT, STATE: "AS
A CONDITION OF APPOINTMENT AS A CONFIDENTIAL INTERMEDIARY, I AFFIRM
THAT, WHEN ADOPTION RECORDS ARE OPENED TO ME:
I WILL NOT DISCLOSE TO THE PETITIONER, DIRECTLY OR INDIRECTLY, ANY
IDENTIFYING INFORMATION IN THE RECORDS WITHOUT FURTHER ORDER FROM THE
COURT.
I WILL CONDUCT A DILIGENT SEARCH FOR THE PERSON BEING SOUGHT AND MAKE
A DISCREET AND CONFIDENTIAL INQUIRY AS TO WHETHER THAT PERSON WILL
CONSENT TO BEING PUT IN CONTACT WITH THE PETITIONER, AND I WILL REPORT
BACK TO THE COURT THE RESULTS OF MY SEARCH AND INQUIRY.
IF THE PERSON SOUGHT CONSENTS TO BE PUT IN CONTACT WITH THE PETITION-
ER, I WILL ATTEMPT TO OBTAIN A DATED, WRITTEN CONSENT FROM THE PERSON,
AND ATTACH THE ORIGINAL OF THE CONSENT TO MY REPORT TO THE COURT. IF THE
PERSON SOUGHT DOES NOT CONSENT TO THE DISCLOSURE OF HIS OR HER IDENTITY,
I SHALL REPORT THE REFUSAL OF CONSENT TO THE COURT.
I WILL NOT MAKE ANY CHARGE OR ACCEPT ANY COMPENSATION FOR MY SERVICES
EXCEPT AS APPROVED BY THE COURT, OR AS REIMBURSEMENT FROM THE PETITIONER
FOR ACTUAL EXPENSES INCURRED IN CONDUCTING THE SEARCH. THESE EXPENSES
WILL BE LISTED IN MY REPORT TO THE COURT.
I RECOGNIZE THAT UNAUTHORIZED RELEASE OF CONFIDENTIAL INFORMATION MAY
SUBJECT ME TO CIVIL LIABILITY UNDER STATE LAW, AND SUBJECTS ME TO BEING
FOUND IN CONTEMPT OF COURT."
5. THE CONFIDENTIAL INTERMEDIARY SHALL BE ENTITLED TO REIMBURSEMENT
FROM THE PETITIONER FOR ACTUAL EXPENSES IN CONDUCTING THE SEARCH. THE
COURT MAY AUTHORIZE A REASONABLE FEE IN ADDITION TO THESE EXPENSES.
6. IF THE CONFIDENTIAL INTERMEDIARY IS UNABLE TO LOCATE THE PERSON
BEING SOUGHT WITHIN ONE YEAR, THE CONFIDENTIAL INTERMEDIARY SHALL MAKE A
RECOMMENDATION TO THE COURT AS TO WHETHER OR NOT A FURTHER SEARCH IS
WARRANTED, AND THE REASONS FOR THIS RECOMMENDATION.
7. IN THE CASE OF A PETITION FILED ON BEHALF OF A NATURAL PARENT OR
OTHER BLOOD RELATIVE OF THE ADOPTEE, WRITTEN CONSENT OF ANY LIVING ADOP-
TIVE PARENT SHALL BE OBTAINED PRIOR TO CONTACT WITH THE ADOPTEE IF THE
ADOPTEE:
(A) IS LESS THAN TWENTY-FIVE YEARS OF AGE AND IS RESIDING WITH THE
ADOPTIVE PARENT; OR
(B) IS LESS THAN TWENTY-FIVE YEARS OF AGE AND IS A DEPENDENT OF THE
ADOPTIVE PARENT.
8. IF THE CONFIDENTIAL INTERMEDIARY LOCATES THE PERSON BEING SOUGHT, A
DISCREET AND CONFIDENTIAL INQUIRY SHALL BE MADE AS TO WHETHER OR NOT
THAT PERSON WILL CONSENT TO HAVING HIS OR HER PRESENT IDENTITY DISCLOSED
TO THE PETITIONER. THE IDENTITY OF THE PETITIONER SHALL NOT BE DISCLOSED
TO THE PARTY BEING SOUGHT. IF THE PARTY BEING SOUGHT CONSENTS TO THE
DISCLOSURE OF HIS OR HER IDENTITY, THE CONFIDENTIAL INTERMEDIARY SHALL
OBTAIN THE CONSENT IN WRITING AND SHALL INCLUDE THE ORIGINAL OF THE
CONSENT IN THE REPORT FILED WITH THE COURT. IF THE PARTY BEING SOUGHT
REFUSES DISCLOSURE OF HIS OR HER IDENTITY, THE CONFIDENTIAL INTERMEDIARY
A. 4016 3
SHALL REPORT THE REFUSAL TO THE COURT AND SHALL REFRAIN FROM FURTHER AND
SUBSEQUENT INQUIRY WITHOUT JUDICIAL APPROVAL.
9. (A) IF THE CONFIDENTIAL INTERMEDIARY OBTAINS FROM THE PERSON BEING
SOUGHT WRITTEN CONSENT FOR DISCLOSURE OF HIS OR HER IDENTITY TO THE
PETITIONER, THE COURT MAY THEN ORDER THAT THE NAME AND OTHER IDENTIFYING
INFORMATION OF THAT PERSON BE RELEASED TO THE PETITIONER.
(B) IF THE PERSON BEING SOUGHT IS DECEASED, THE COURT MAY ORDER
DISCLOSURE OF THE IDENTITY OF THE DECEASED TO THE PETITIONER.
(C) IF THE CONFIDENTIAL INTERMEDIARY IS UNABLE TO CONTACT THE PERSON
BEING SOUGHT WITHIN ONE YEAR, THE COURT MAY ORDER THAT THE SEARCH BE
CONTINUED FOR A SPECIFIED TIME OR BE TERMINATED.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.