S T A T E O F N E W Y O R K
________________________________________________________________________
3298
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
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Introduced by M. of A. WEPRIN, BORELLI -- Multi-Sponsored by -- M. of A.
ARROYO, BLANKENBUSH, BUTLER, CAMARA, CERETTO, CLARK, COLTON, COOK,
CROUCH, DINOWITZ, DUPREY, ENGLEBRIGHT, FAHY, FARRELL, FITZPATRICK,
GALEF, GARBARINO, GIGLIO, GOTTFRIED, GRAF, GUNTHER, HOOPER, JAFFEE,
KATZ, KOLB, LAVINE, LIFTON, LOPEZ, LUPARDO, MAGEE, MAGNARELLI, McKEV-
ITT, MILLER, MONTESANO, MOYA, OAKS, PALMESANO, PAULIN, PEOPLES-STOKES,
PERRY, PRETLOW, RAIA, RAMOS, RIVERA, ROBERTS, ROBINSON, ROSENTHAL,
SCARBOROUGH, SCHIMEL, TEDISCO, TENNEY, THIELE, TITONE, WRIGHT, ZEBROW-
SKI -- read once and referred 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 SEVENTEEN, 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ORIGINAL BIRTH CERTIFICATE HAS BEEN SUPERSEDED BY ANOTHER CERTIFICATE ON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 SEVENTEEN, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01110-02-5
A. 3298 2
THE CONFIDENTIALITY 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 SEVENTEEN, THEN
PARAGRAPH (A) OF SUBDIVISION 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 CONFIRMATION IS RECEIVED BY THE DEPARTMENT, SUCH BIRTH PARENT
DIES OR THE CONFIRMATION IS WITHDRAWN BY SUCH BIRTH PARENT IN WRITING,
AND NO OTHER TIMELY CONFIRMATION REMAINS ON FILE WITH THE DEPARTMENT
FROM A LIVING BIRTH PARENT.
3. 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 HIS OR HER LONG-FORM BIRTH
CERTIFICATE, AS DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, UPON SUPPLYING PROOF THAT ALL BIRTH PARENTS LISTED ON SUCH
DOCUMENT HAVE DIED.
4. THE DEPARTMENT SHALL PROMULGATE AND MAKE PUBLICLY AVAILABLE FORMS
THAT A BIRTH PARENT MAY USE TO PROVIDE THE DEPARTMENT WITH A WRITTEN
CONFIRMATION OR WITHDRAWAL OF CONFIRMATION UNDER THIS SECTION, AND FOR
CONFIRMING THAT A PERSON WHO HAS MADE SUCH A WRITTEN CONFIRMATION OR
WITHDRAWAL IS, IN FACT, A PERSON IDENTIFIED ON THE BIRTH CERTIFICATE AS
A BIRTH PARENT, AND FOR CONFIRMING THE SUFFICIENCY OF PROOF OF THE DEATH
OF A PERSON LISTED ON A BIRTH CERTIFICATE AS A BIRTH PARENT.
5. (A) A BIRTH PARENT MAY AT ANY TIME REQUEST FROM THE DEPARTMENT A
CONTACT PREFERENCE FORM THAT SHALL ACCOMPANY A BIRTH CERTIFICATE ISSUED
UNDER THIS TITLE. THE CONTACT PREFERENCE FORM SHALL PROVIDE THE FOLLOW-
ING INFORMATION TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
(I) I WOULD LIKE TO BE CONTACTED.
(II) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY.
(III) I HAVE COMPLETED A MEDICAL HISTORY FORM AND HAVE FILED IT WITH
THE DEPARTMENT.
(IV) PLEASE DO NOT CONTACT ME. IF I DECIDE LATER THAT I WOULD LIKE TO
BE CONTACTED, I WILL SUBMIT AN UPDATED CONTACT PREFERENCE FORM TO THE
DEPARTMENT.
(B) THE MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE
DEPARTMENT AND SHALL BE SUPPLIED TO THE BIRTH PARENT UPON REQUEST OF A
CONTACT PREFERENCE FORM FROM THE DEPARTMENT. ONLY THOSE PERSONS WHO ARE
AUTHORIZED TO PROCESS APPLICATIONS MADE UNDER THIS TITLE MAY PROCESS
CONTACT PREFERENCE FORMS, MEDICAL HISTORY FORMS, AND CORRESPONDENCE AND
REQUESTS MADE PURSUANT TO THIS SECTION.
(C) THE MEDICAL HISTORY AND CONTACT PREFERENCE FORMS DESCRIBED IN THIS
SUBDIVISION ARE CONFIDENTIAL COMMUNICATIONS FROM THE BIRTH PARENT TO THE
PERSON NAMED ON THE CONFIDENTIAL LONG-FORM BIRTH CERTIFICATE AND SHALL
BE PLACED IN SEPARATE SEALED ENVELOPES UPON RECEIPT FROM THE BIRTH
PARENT. THE SEALED ENVELOPES SHALL BE MATCHED WITH AND PLACED IN THE
FILE CONTAINING THE CONFIDENTIAL ORIGINAL LONG-FORM BIRTH CERTIFICATE.
SUCH SEALED ENVELOPES CONTAINING THE CONTACT PREFERENCE FORM AND MEDICAL
HISTORY FORM SHALL BE RELEASED TO A PERSON AUTHORIZED TO RECEIVE A
CERTIFIED COPY OF HIS OR HER ORIGINAL LONG-FORM BIRTH CERTIFICATE PURSU-
ANT TO THIS SECTION.
(D) THE CONTACT PREFERENCE AND MEDICAL HISTORY FORMS DESCRIBED IN THIS
SUBDIVISION ARE PRIVATE COMMUNICATIONS FROM THE BIRTH PARENT TO THE
PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND NO COPIES OF SUCH FORMS
SHALL BE RETAINED BY THE DEPARTMENT. WHERE ONLY A MEDICAL HISTORY FORM
IS REQUESTED, THE CERTIFIED COPY OF THE LONG-FORM BIRTH CERTIFICATE AND
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CONTACT PREFERENCE FORMS SHALL NOT BE PROVIDED, BUT MAY BE REQUESTED AND
PROVIDED AT A LATER DATE.
6. THE DEPARTMENT SHALL DEVELOP AN AFFIRMATIVE INFORMATION CAMPAIGN
AND WIDELY DISSEMINATE TO THE PUBLIC, THOUGH ITS WEBSITE, PUBLIC SERVICE
ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES AND THROUGH MULTI-
PLE OUTLETS, INFORMATION CONCERNING THE PROVISIONS OF THIS SECTION,
INCLUDING BUT NOT LIMITED TO THE MEANS BY WHICH A BIRTH PARENT MAY
CONFIRM THAT HE OR SHE WISHES TO MAINTAIN THE CONFIDENTIALITY OF A
LONG-FORM BIRTH CERTIFICATE HELD BY THE DEPARTMENT IN WHICH SUCH BIRTH
PARENT IS NAMED, AND BY WHICH SUCH BIRTH PARENT MAY WITHDRAW SUCH A
CONFIRMATION.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided, however,
that, effective immediately, the commissioner of health is authorized to
promulgate such rules and regulations as may be necessary to carry out
the provisions of this act.