senate Bill S3314

2015-2016 Legislative Session

Relates to adoptee rights

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • 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
Jan 06, 2016 referred to health
Feb 05, 2015 referred to health

Co-Sponsors

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S3314 - Details

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 Previous Legislative Sessions:
2013-2014: A909, S135, S2490A
2011-2012: A2003, A8910A, S5783A, S649A, S7286
2009-2010: A8410A, S125, S5269A

S3314 - Summary

Enacts Bill of Adoptee Rights clarifying language and procedures for obtaining birth certificates and medical histories of adoptees; permits an adopted adult to access certain records when they reach the age of 18; creates a contact preference to be filed by birth parents.

S3314 - Sponsor Memo

S3314 - Bill Text download pdf

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

                                  3314

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced  by  Sens.  LANZA, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN,
  ESPAILLAT, GOLDEN, HASSELL-THOMPSON, HOYLMAN, KRUEGER, LARKIN,  LATIM-
  ER, LAVALLE, LITTLE, MONTGOMERY, PERKINS, SAVINO, SERRANO, STAVISKY --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Health

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.
                                                           LBD07428-01-5

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