senate Bill S2490B

2013-2014 Legislative Session

Relates to adoptee rights

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Archive: Last Bill Status - In 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
Jun 16, 2014 print number 2490b
amend (t) and recommit to health
Jan 08, 2014 referred to health
Jan 29, 2013 print number 2490a
amend (t) and recommit to health
Jan 17, 2013 referred to health

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S2490 - Details

See Assembly Version of this Bill:
A909A
Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §4138-c Pub Health L; amd §114, Dom Rel L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5783A, A2003, A8910A, S7286
2009-2010: A8410A, S5269A

S2490 - Summary

Relates to adoptee rights.

S2490 - Sponsor Memo

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

view additional co-sponsors

S2490A - Details

See Assembly Version of this Bill:
A909A
Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §4138-c Pub Health L; amd §114, Dom Rel L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5783A, A2003, A8910A, S7286
2009-2010: A8410A, S5269A

S2490A - Summary

Relates to adoptee rights.

S2490A - Sponsor Memo

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

view additional co-sponsors

S2490B (ACTIVE) - Details

See Assembly Version of this Bill:
A909A
Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §4138-c Pub Health L; amd §114, Dom Rel L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5783A, A2003, A8910A, S7286
2009-2010: A8410A, S5269A

S2490B (ACTIVE) - Summary

Relates to adoptee rights.

S2490B (ACTIVE) - Sponsor Memo

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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