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Assembly Bill A875

2013-2014 Legislative Session

Allows release of non-certified copy of birth certificate to adoptee without court order if adoptee and a birth parent register with state's adoption registry

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Archive: Last Bill Status - In Assembly Committee

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2013-A875 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Public Health Law
Laws Affected:
Amd ยง4138-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6368
2015-2016: A3369
2017-2018: A5449

2013-A875 (ACTIVE) - Summary

Allows release of non-certified copy of birth certificate to adoptee without court order if adoptee and a birth parent register with state's adoption registry.

2013-A875 (ACTIVE) - Bill Text download pdf 

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

                                   875

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Judiciary

AN  ACT  to amend the public health law, in relation to the release of a
  non-certified copy of the birth certificate of an  adoptee  without  a
  court order

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

  Section 1.  Subdivision 5 of section 4138-c of the public  health  law
is amended by adding a new paragraph (c) to read as follows:
  (C)  IF THE DEPARTMENT DETERMINES THAT THERE IS A CORRESPONDING REGIS-
TRATION FOR THE ADOPTEE AND FOR EITHER OF THE BIRTH  PARENTS,  AND  EACH
HAS  CONSENTED TO THE RELEASE OF IDENTIFYING INFORMATION ABOUT THE BIRTH
PARENTS AND THE ADOPTEE, RESPECTIVELY, THE DEPARTMENT SHALL  NOTIFY  THE
COURT  WHEREIN  THE  ADOPTION  OCCURRED THAT A NON-CERTIFIED COPY OF THE
ADOPTEE'S ORIGINAL BIRTH CERTIFICATE, IF AVAILABLE,  SHALL  BE  PROMPTLY
RELEASED  TO  THE  ADOPTEE WITHOUT NECESSITY OF A COURT ORDER. PROVIDED,
THAT IF ONLY ONE  BIRTH  PARENT  EXECUTED  THE  SURRENDER  AGREEMENT  OR
CONSENTED  TO  THE  ADOPTION,  THEN  THE REGISTRATION OF THE OTHER BIRTH
PARENT IN THE REGISTRY SHALL NOT BE NECESSARY FOR THE RELEASE OF SUCH  A
BIRTH CERTIFICATE PURSUANT TO THIS PARAGRAPH.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law, provided, that, effective immediately, any
rules and regulations necessary to implement the provisions of this  act
on  its  effective date are authorized and directed to be amended, added
and/or repealed on or before such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03832-01-3

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