NY State Senate Bill 2015-S5964B

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2016	print number 5964b
May 25, 2016	amend and recommit to children and families
Jan 15, 2016	print number 5964a
Jan 15, 2016	amend and recommit to children and families
Jan 06, 2016	referred to children and families
Jun 14, 2015	referred to rules

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S5964 - Details

See Assembly Version of this Bill:: A2901
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §114, Dom Rel L; amd §4138-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8910
2013-2014: A909
2017-2018: S4845, A5036

2015-S5964 - Summary

Relates to adoptee rights; clarifies 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.

2015-S5964 - Bill Text download pdf

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

                                  5964

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 14, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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
access to such sealed records and order and  any  index  thereof  except
upon  an  order  of a judge or surrogate of the court in which the order
was made or of a justice of the supreme court.  [No] EXCEPT AS  PROVIDED
IN  SUBDIVISIONS  FOUR AND FIVE OF THIS SECTION, NO order for disclosure
or access and inspection shall be granted except on good cause shown and
on due notice to the adoptive parents and to such additional persons  as
the  court  may  direct.  Nothing  contained  herein  shall be deemed to
require the state commissioner of health  or  his  OR  HER  designee  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07428-06-5

S. 5964                             2

secure  a court order authorizing disclosure of information contained in
adoption or birth records requested pursuant to the authority of section
forty-one hundred thirty-eight-c or section  forty-one  hundred  thirty-
eight-d  of  the public health law; upon the receipt of such request for
information, the court shall transmit the information authorized  to  be
released  thereunder  to  the state commissioner of health or his OR HER
designee.
  S 3. Section 114 of the domestic relations law is amended by adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW: (A) AN ADOPTED
PERSON WHO HAS ATTAINED THE AGE OF EIGHTEEN YEARS MAY APPLY TO THE COURT
IN WHICH THE ORDER OF ADOPTION WAS MADE, OR TO  THE  SUPREME  COURT,  TO
REQUEST  AN  ORDER RELEASING A NON-CERTIFIED COPY OF HIS OR HER ORIGINAL
LONG FORM BIRTH CERTIFICATE, OR WHERE NO BIRTH CERTIFICATE IS AVAILABLE,
THE IDENTIFYING INFORMATION OF HIS OR HER BIRTH PARENT  OR  PARENTS,  IN
ACCORDANCE  WITH THIS SUBDIVISION. SUCH APPLICATION SHALL INCLUDE SUFFI-
CIENT PROOF OF IDENTITY OF SUCH ADOPTED PERSON.
  (B) UPON RECEIPT OF AN APPLICATION PURSUANT TO PARAGRAPH (A)  OF  THIS
SUBDIVISION,  THE COURT SHALL PROVIDE THE STATE DEPARTMENT OF HEALTH, OR
ORDER THAT SUCH DEPARTMENT BE PROVIDED, WITH THE IDENTIFYING INFORMATION
OF THE ADOPTED PERSON'S BIRTH PARENT OR PARENTS AND DIRECT  THE  DEPART-
MENT OF HEALTH TO MAKE A REASONABLE AND GOOD FAITH EFFORT, DOCUMENTED IN
WRITING  AND  COMPLETED  WITHIN  ONE  HUNDRED TWENTY DAYS, TO NOTIFY THE
BIRTH PARENT OR PARENTS AND ADVISE  SUCH  PARENT  OR  PARENTS  THAT  THE
ADOPTED  PERSON  HAS  MADE  AN APPLICATION PURSUANT TO THIS SUBDIVISION.
SUCH NOTIFICATION AND ADVISORY GIVEN SHALL COMPLY  WITH  ANY  TERMS  AND
CONDITIONS SET FORTH BY THE COURT AND SHALL BE MADE BY MEANS DESIGNED TO
BE  SENSITIVE  TO  THE PERSONAL NATURE OF THE MATTER.  SUCH NOTIFICATION
SHALL ALSO INCLUDE AN ADVISORY TO  SUCH  PARENT  OR  PARENTS  ABOUT  THE
ADOPTION  MEDICAL  INFORMATION REGISTRY ESTABLISHED BY SECTION FORTY-ONE
HUNDRED THIRTY-EIGHT-C OF THE PUBLIC HEALTH LAW AND  THE  PROCEDURES  BY
WHICH  A  BIRTH  PARENT MAY PROVIDE MEDICAL INFORMATION TO THE REGISTRY.
THE DEPARTMENT OF HEALTH SHALL, BEFORE  MAKING  EFFORTS  TO  NOTIFY  THE
BIRTH  PARENT  OR PARENTS, DETERMINE WHETHER SUCH PARENT OR PARENTS HAVE
ALREADY FILED A WRITTEN CONFIRMATION WITH THE COURT OR THE DEPARTMENT OF
HEALTH PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION OR A  BIRTH  PARENT
REGISTRATION  CONSENT FORM WITH THE ADOPTION INFORMATION REGISTRY PURSU-
ANT TO SUBDIVISION TEN OF SECTION FORTY-ONE  HUNDRED  THIRTY-EIGHT-C  OF
THE  PUBLIC  HEALTH  LAW.  WHERE SUCH CONFIRMATION OR CONSENT FORM IS ON
FILE, THE DEPARTMENT OF HEALTH  SHALL  NOTIFY  THE  COURT  AND  NO  SUCH
EFFORTS TO NOTIFY THE PARENT SHALL BE MADE.
  (C)  UPON  NOTIFICATION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION,
OR EARLIER AT THE DISCRETION OF THE BIRTH PARENT PURSUANT  TO  PARAGRAPH
(H)  OF  THIS  SUBDIVISION, SUCH BIRTH PARENT MAY COMPLETE A WRITTEN AND
NOTARIZED CONFIRMATION THAT HE OR SHE WISHES TO MAINTAIN CONFIDENTIALITY
OF IDENTIFYING INFORMATION, OR THAT HE OR SHE CONSENTS TO THE RELEASE OF
IDENTIFYING INFORMATION.
  (D) UPON RECEIPT OF SUCH WRITTEN CONFIRMATION, OR WHERE THE PARENT HAS
COMPLETED A BIRTH PARENT REGISTRATION CONSENT FORM PURSUANT TO  SUBDIVI-
SION  TEN  OF  SECTION  FORTY-ONE  HUNDRED  THIRTY-EIGHT-C OF THE PUBLIC
HEALTH LAW, THE DEPARTMENT OF HEALTH SHALL NOTIFY THE COURT AND  PROVIDE
THE COURT WITH THE WRITTEN CONFIRMATION OR CONSENT FORM, AS THE CASE MAY
BE,  COMPLETED  BY  THE  BIRTH  PARENT. WHERE SUCH CONSENT FORM HAS BEEN
REVOKED BY A BIRTH PARENT, THE DEPARTMENT OF HEALTH SHALL SO NOTIFY  THE
COURT  AND SUCH REVOCATION SHALL BE CONSIDERED BY THE COURT AS A REQUEST
FOR CONTINUED CONFIDENTIALITY OF IDENTIFYING INFORMATION.

S. 5964                             3

  (I) IF THE BIRTH PARENT CONSENTS TO THE RELEASE OF IDENTIFYING  INFOR-
MATION, THE COURT SHALL (A) ORDER THE RELEASE OF A NON-CERTIFIED COPY OF
THE  LONG-FORM BIRTH CERTIFICATE TO THE ADOPTED PERSON, OR (B) WHEN SUCH
BIRTH CERTIFICATE IS NOT AVAILABLE, ORDER THAT THE IDENTIFYING  INFORMA-
TION BE MADE AVAILABLE TO THE ADOPTED PERSON.
  (II) IF THE BIRTH PARENT REQUESTS CONTINUED CONFIDENTIALITY, THE COURT
SHALL  DIRECT  THE  RELEASE OF A NON-CERTIFIED COPY OF THE BIRTH CERTIF-
ICATE WITH THE IDENTIFYING INFORMATION REGARDING SUCH  PARENT  REDACTED,
AND SHALL PROVIDE SUCH ADOPTED PERSON WITH SUCH REDACTED COPY AND FILE A
COPY  OF  THE  REDACTED  VERSION IN THE COURT RECORD. SUCH REDACTED COPY
SHALL INCLUDE NON-IDENTIFYING INFORMATION AS THAT  TERM  IS  DEFINED  IN
SUBDIVISION  THREE  OF  SECTION  FORTY-ONE HUNDRED THIRTY-EIGHT-C OF THE
PUBLIC HEALTH LAW.
  (III) WHERE THERE ARE TWO IDENTIFIED BIRTH PARENTS AND ONLY  ONE  SUCH
PARENT   HAS  REQUESTED  CONFIDENTIALITY,  THE  IDENTIFYING  INFORMATION
REGARDING THE OTHER PARENT MAY, IN  THE  DISCRETION  OF  THE  COURT,  BE
RELEASED  TO THE ADOPTED PERSON IN ACCORDANCE WITH THIS SUBDIVISION. THE
CONSENT OF ONE PARENT SHALL NOT BE CONSTRUED TO BE CONSENT BY THE  OTHER
PARENT.
  THE  COURT  SHALL  ISSUE  A  WRITTEN ORDER WHEN MAKING A DETERMINATION
PURSUANT TO SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH.
  (E) (I) IF AFTER REASONABLE AND GOOD FAITH EFFORTS PURSUANT  TO  PARA-
GRAPH (A) OF THIS SUBDIVISION, THE BIRTH PARENT IS UNABLE TO BE NOTIFIED
OR DOES NOT RESPOND TO SUCH NOTIFICATION, THE DEPARTMENT OF HEALTH SHALL
SO NOTIFY THE COURT. UNLESS THE COURT, IN ITS DISCRETION, FOR GOOD CAUSE
SPECIFIED  IN  ITS  ORDER,  DETERMINES  THAT  THE  RELEASE OF SUCH BIRTH
CERTIFICATE OR IDENTIFYING INFORMATION WOULD BE CLEARLY  DETRIMENTAL  TO
THE  WELFARE  OF  THE  BIRTH  OR  ADOPTIVE PARENTS, THE COURT SHALL: (A)
RELEASE, OR DIRECT THE RELEASE OF, AN UNREDACTED, NON-CERTIFIED COPY  OF
THE  LONG-FORM  BIRTH  CERTIFICATE TO THE ADOPTED PERSON, OR (B) IF SUCH
BIRTH CERTIFICATE IS NOT AVAILABLE, RELEASE OR DIRECT THE RELEASE OF THE
IDENTIFYING  INFORMATION  THAT  WOULD  HAVE  APPEARED  ON  THE  ORIGINAL
LONG-FORM  BIRTH  CERTIFICATE.  FOR THE PURPOSES OF THIS PARAGRAPH, GOOD
CAUSE SHALL INCLUDE, BUT IS NOT  LIMITED  TO,  EVIDENCE  CONCERNING  THE
WISHES OF THE BIRTH PARENT REGARDING CONFIDENTIALITY AS EXPRESSED AT THE
TIME OF THE ADOPTION OR SURRENDER. THE COURT SHALL ISSUE A WRITTEN ORDER
WHEN MAKING A DETERMINATION PURSUANT TO THIS PARAGRAPH.
  (II)  WHERE  THE  COURT  DETERMINES NOT TO RELEASE AN UNREDACTED BIRTH
CERTIFICATE PURSUANT TO SUBPARAGRAPH (I) OF THIS  PARAGRAPH,  THE  COURT
SHALL  DIRECT  THE  RELEASE OF A NON-CERTIFIED COPY OF THE BIRTH CERTIF-
ICATE WITH THE IDENTIFYING INFORMATION REGARDING  THE  BIRTH  PARENT  OR
PARENTS  REDACTED,  AND  SHALL  PROVIDE  SUCH  ADOPTED  PERSON WITH SUCH
REDACTED COPY.
  (F) UPON THE CONSENT OF A BIRTH PARENT TO RELEASE IDENTIFYING INFORMA-
TION PURSUANT TO  THIS  SUBDIVISION,  THE  DEPARTMENT  OF  HEALTH  SHALL
PROVIDE  SUCH  PARENT  WITH  A  CONTACT  PREFERENCE  FORM THAT SHALL, IF
COMPLETED BY THE BIRTH PARENT, ACCOMPANY A COPY OF A  BIRTH  CERTIFICATE
OR  OTHER  IDENTIFYING  INFORMATION PROVIDED TO THE ADOPTED PERSON UNDER
THIS SUBDIVISION AND BE FILED WITH  THE  ADOPTION  INFORMATION  REGISTRY
ESTABLISHED  BY  SECTION  FORTY-ONE HUNDRED THIRTY-EIGHT-C OF THE PUBLIC
HEALTH LAW. THE CONTACT PREFERENCE  FORM  SHALL  INCLUDE  THE  FOLLOWING
CONTENT TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
  (I) I AM WILLING TO OR 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 OF HEALTH.

S. 5964                             4

  (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
COURT OR THE DEPARTMENT OF HEALTH.
  (V) ADD ANY ADDITIONAL INFORMATION HERE (IF DESIRED):
  THE  MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE DEPART-
MENT OF HEALTH AND SHALL BE SUPPLIED TO THE BIRTH PARENT WITH A  CONTACT
PREFERENCE FORM.
  THE  MEDICAL HISTORY FORM AND CONTACT PREFERENCE FORM ARE CONFIDENTIAL
COMMUNICATIONS FROM THE BIRTH PARENT TO THE PERSON NAMED ON  THE  SEALED
BIRTH  CERTIFICATE AND SHALL BE PLACED IN SEPARATE SEALED ENVELOPES UPON
RECEIPT FROM THE BIRTH PARENT.
  THE SEALED  ENVELOPES  CONTAINING  THE  CONTACT  PREFERENCE  FORM  AND
MEDICAL HISTORY FORM SHALL BE RELEASED TO A PERSON REQUESTING HIS OR HER
BIRTH  CERTIFICATE  UNDER  THIS SUBDIVISION OR HIS OR HER AGENT, SUCH AS
HIS OR HER ATTORNEY, WITH APPROPRIATE AUTHORIZATION.  THE CONTACT  PREF-
ERENCE FORM AND MEDICAL HISTORY FORM ARE PRIVATE COMMUNICATIONS FROM THE
BIRTH  PARENT TO THE PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND NO
COPIES OF THE FORMS SHALL BE RETAINED BY THE COURT.
  (G) THE DEPARTMENT OF HEALTH SHALL DEVELOP AN AFFIRMATIVE  INFORMATION
CAMPAIGN  AND  WIDELY  DISSEMINATE  TO  THE PUBLIC, THROUGH ITS WEBSITE,
PUBLIC SERVICE ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES  AND
THROUGH  MULTIPLE  OUTLETS, INFORMATION CONCERNING THE ADOPTION INFORMA-
TION REGISTRY ESTABLISHED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C OF
THE PUBLIC HEALTH LAW AND THE PROVISIONS OF THIS SUBDIVISION, INCLUDING,
BUT NOT LIMITED TO, THE MEANS BY WHICH A BIRTH PARENT MAY FILE A WRITTEN
CONFIRMATION PURSUANT TO PARAGRAPH (H)  OF  THIS  SUBDIVISION  WITH  THE
COURT  THAT  ORDERED THE ADOPTION OR THE DEPARTMENT OF HEALTH THAT HE OR
SHE WISHES TO MAINTAIN THE CONFIDENTIALITY OF  IDENTIFYING  INFORMATION,
OR CONSENTS TO THE RELEASE OF SUCH IDENTIFYING INFORMATION.
  (H)  A  BIRTH  PARENT  MAY,  AT ANY TIME, FILE A WRITTEN AND NOTARIZED
CONFIRMATION WITH THE COURT  THAT  ORDERED  THE  ADOPTION  OR  WITH  THE
DEPARTMENT OF HEALTH INDICATING THAT HE OR SHE WISHES TO MAINTAIN CONFI-
DENTIALITY  OF IDENTIFYING INFORMATION OR THAT HE OR SHE CONSENTS TO THE
RELEASE OF IDENTIFYING INFORMATION. THE DEPARTMENT OF HEALTH SHALL NOTI-
FY THE COURT AND PROVIDE THE COURT WITH A COPY OF SUCH WRITTEN CONFIRMA-
TION. THE COURT SHALL HONOR SUCH WRITTEN CONFIRMATION UNLESS IT IS WITH-
DRAWN OR MODIFIED, IN NOTARIZED WRITING, BY THE BIRTH PARENT.
  (I) FOR THE PURPOSES  OF  THIS  SUBDIVISION,  "ADOPTED  PERSON"  SHALL
INCLUDE  A  PERSON WHO WAS SURRENDERED AS DESCRIBED IN SUBDIVISION SEVEN
OF SECTION ONE HUNDRED NINE OF THIS ARTICLE.
  S 4. Subdivision 10 of section 4138-c of the  public  health  law,  as
added  by chapter 435 of the laws of 2008, is amended and a new subdivi-
sion 10-a is added to read as follows:
  10. The commissioner is directed to develop  an  adoption  information
registry  birth  parent registration consent form to be completed at the
time of surrender or consent to adoption. Such form shall include check-
off boxes to be appropriately marked by the biological parent or parents
whose consent is necessary for the relinquishment of such child indicat-
ing whether or not such parent consents to the  receipt  of  identifying
information  AND  A NON-CERTIFIED COPY OF THE ORIGINAL BIRTH CERTIFICATE
by the child to be adopted. A copy of such form shall  be  sent  to  the
department  with  copies of the original and amended birth certificates.
Such form shall state that it is the responsibility of the birth  parent
to update the registry with any changes in contact information. The form
shall additionally advise the biological parents of the adoption medical
information  sub-registry and the procedures by which a birth parent may

S. 5964                             5

provide medical information to  the  sub-registry.  Notwithstanding  any
inconsistent  provision  of  law  to  the  contrary, the commissioner is
directed to develop any rules and regulations necessary to expedite  the
transfer  of  information from any agency, court or department necessary
to implement this subdivision.
  10-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA-
RY, FOR SURRENDERS OCCURRING AND ORDERS OF ADOPTIONS ENTERED  AFTER  THE
EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT
ADDED THIS SUBDIVISION, WHERE THE BIOLOGICAL  PARENT  OR  PARENTS  WHOSE
CONSENT  IS  NECESSARY  FOR THE RELINQUISHMENT OF SUCH CHILD CONSENTS TO
THE RELEASE OF A  NON-CERTIFIED  COPY  OF  THE  CHILD'S  ORIGINAL  BIRTH
CERTIFICATE  OR DOES NOT AFFIRMATIVELY REQUEST, ON THE FORM DESCRIBED IN
SUBDIVISION TEN OF THIS SECTION, THAT SUCH  ORIGINAL  BIRTH  CERTIFICATE
REMAIN  CONFIDENTIAL,  THE  SURRENDERED  OR  ADOPTED PERSON SHALL, AFTER
ATTAINING THE AGE OF EIGHTEEN AND UPON APPLICATION TO THE DEPARTMENT AND
ADEQUATE PROOF OF IDENTITY, HAVE THE RIGHT TO  RECEIVE  A  NON-CERTIFIED
COPY OF THEIR ORIGINAL BIRTH CERTIFICATE.
  S  5.  This  act  shall take effect April 15, 2016, provided, however,
that paragraphs (g) and (h) of subdivision  5  of  section  114  of  the
domestic  relations  law,  as  added by section three of this act, shall
take effect on the thirtieth day after such effective date.

co-Sponsors

2015-S5964A - Details

See Assembly Version of this Bill:: A2901
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §114, Dom Rel L; amd §4138-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8910
2013-2014: A909
2017-2018: S4845, A5036

2015-S5964A - Summary

2015-S5964A - Sponsor Memo

                                 BILL NUMBER:  S5964A

 TITLE OF BILL :  An act to amend the domestic relations law and the
public health law, in relation to adoptee rights

 PURPOSE :

This bill would allow an adopted person who is at least eighteen years
of age to request from the court from which the order of adoption was
made, or from the supreme court, a non-certified copy of his or her
original birth certificate and/or a medical history form if available

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends subdivision 2 of § 114 of the Domestic
Relations Law to allow for exemptions included in subdivision 4 and 5
of this section.

Section 2 amends § 114 of the Domestic Relations Law by adding a new
subdivision 5 to allow an adult adopted person over the age of 18 to
request from the court where the adoption was made or the supreme
court a non-certified copy of his or her original long form birth
certificate or identifying information in the case where a birth
certificate is not available. The adopted person needs sufficient
proof of identity to obtain documents.

Section 2 subsection (b) directs the court to supply the state
department of health with the adopted person's birth parent or
parents' identifying information so the department of health can make
a reasonable and good faith effort to contact and advise birth
parent(s) that the adopted person has filed an application to receive
their original long-form birth certificate. Prior to notifying
parent(s), the department of health shall determine whether the birth
parent(s) have already filed a written confirmation or consent form.
If such form is on file, the court shall be notified and no effort to
notify the parent shall be made.

Section 2 subsection (c) allows the birth parent to complete a written
and, notarized confirmation that he or she wishes to maintain
confidentiality of identifying information, or that he or she consents
to the release of identifying information.

Section 2 subsection (d) directs that upon receipt of Written
confirmation or if the parent has completed a registration consent
form, the health department will notify and provide the court with
such documents. If such consent form has been revoked by birth parent,
the court shall be notified and the court will consider that a request
for continued confidentiality.

(1) If the birth parent(s) consent to release of identifying
information the court shall (i) order the release of a non-certified
copy of the long-form birth certificate to the adopted person or (ii)
if birth certificate is unavailable, identifying information will be
made available to the adopted person.

(2) If the birth parent requests confidentiality, the court shall
release a non-certified copy of the long form birth certificate to the
adopted person with the birth parent's identifying information
redacted.

(3) Where there are two birth parents and only one requests
confidentiality, the other parent's identifying information may be
released to the adopted person. The consent of one parent will not be
construed as consent by the other parent.


Section 2 subsection (e)states that if the birth parent is unable to
be notified or doesn't respond after reasonable and good faith
efforts, and unless the court deems the release of the birth
certificate or identifying information to be detrimental to the
welfare of the birth or adoptive parents, the court will (i)release an
unredacted, non-certified copy of the long form birth certificate to
the adopted person or (ii) if the birth certificate is not available,
identifying information will be released that would've appeared on the
long form birth certificate. The court must issue a written order when
making a determination, If the court determines not to release an
unredacted birth certificate, the court shall release a non-certified
copy of the birth certificate with the birth parent(s)' identifying
information redacted.

Section 2 subsection (f) states that if the birth parent consents to
the release of identifying information, the department of health shall
provide the parent with a contact preference form. If completed, the
form will accompany the copy of the birth certificate provided to the
adopted person.. The consent form will contain the following
information: (1) I am willing to or would like to be contacted. (2) I
would prefer to..be contacted through an intermediary. (3) I have
completed a medical history form and have filed it with the department
of health, (4) 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 court or the health department. (5) Add any
additional information here (if desired). The medical history form
shall be supplied to the birth parent with a contact preference form.
The medical history form and contact preference are confidential
communications from the birth parent to person named on birth
certificate and shall be placed in separate sealed envelopes. The
sealed envelopes shall be released to the person requesting their
birth certificate, or their authorized agent, and no copies of the
form shall be retained by the court.

Section 2 subsection (g) directs the department of health to develop
an affirmative information campaign and widely disseminate it to the
public via their website, public service announcements, and other
means, in multiple languages and through multiple outlets.

Section 2 subsection (h) allows a birth parent to file, a written
notarized confirmation with the court that ordered the adoption or the
department of health indicating whether he or she wishes to Maintain
confidentiality or consent to the release of identifying information.

The court shall honor the written confirmation unless it is withdrawn,
in a notarized writing, by the birth parent.

Section 3 amends subdivision 10 of § 4138-c and a new subdivision 10-a
is added. Subdivision 10 calls for the commissioner to direct and
develop an adoption information registry birth parent consent form to
be completed at the time of surrender or consent to adoption. The form
will include check-boxes to be filled by the biological parents or
parents whose consent is needed for the relinquishment of the child,
indicating whether or not the parent consents to the release of
identifying information and a non-certified copy of the original birth
certificate to the adopted child. The form will state that it is the
birth parent's responsibility to update the registry of changes in
contact information. The form will also advise biological parents of
the adoption medical information sub-registry and providing medical
information. The commissioner is directed to develop any rules and
regulations to expedite transfer of any information from any agency,
court, or department necessary to implement this subdivision as long
as it doesn't conflict with any provision or law. Subdivision 10-a
pertains to all adoptions and surrenders occurring after the effective
date of this law and states that if a biological parent(s), or the
parent(s) who's consent was necessary for the relinquishment of the
child, consents to the release of the non-certified copy of the
child's original birth certificate, the adopted person shall, after
turning the age of 18 and upon application to the department with
adequate proof of identity, have the right to receive a non-certified
copy of their original birth certificate.

Section 4 states that this bill takes effect on April 15, 2017
provided, however, that paragraphs (g) and (h) of subdivision 5 of the
domestic relations law, as created in section 2 of this act, shall
take effect thirty days after this act shall have become law.

 JUSTIFICATION :

The Bill of Adoptee Rights' will provide adult adoptees with access to
information that a non-adopted person has a legal right to obtain. In
New York, an adoptee cannot access his or her original birth
certificate unless the adoptee goes through judicial means, and even
then, the outcome does not guarantee that access will be granted.
This bill will allow adult adoptees to request and receive a
noncertified copy of an original birth certificate and/or a medical
history form if available.

Adoptees will be able to gain knowledge of their religious and ethnic
heritage and access to medical information that may be necessary for
preventive health care and illnesses that are linked to family history
and genetics. A birth parent may seek to protect his or her privacy by
completing a contact preference form that would be sent to the adult
adoptee upon a request for a noncertified copy-of an original birth
certificate. The contact preference form provides the birth parent
with the option to be contacted by the adoptee, through an
intermediary or to not be contacted at all.

 PRIOR LEGISLATIVE HISTORY :

2015: S.5964 - Children & Families / A.2901-A - Passed Assembly
2013-2014: A2901/53314
2012: A.8910/S.7286 A909/S2490
2011: A.2003/S.1438
2009/2010: A.8410A/S.5269A
2007/2008: A.2277/S.235
2006: A.9823/S.446
2005: A.928/S.446
2003-2004: A.6238A/S.2631A
2001-2002: A.7943/S.4286
1999-2000: A.7541A/S.1224A
1997-1998: A.4316/S.3677
1995-1996: A.2328/S.3709A
1993-1994: A.10403/S.856

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on April 15, 2017, provided, however, that
paragraphs (g) and (h) of subdivisions 5 of the domestic relations
law, as created by section 2 of this act, shall take effect thirty
days after this act shall have become law.

2015-S5964A - Bill Text download pdf

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

                                 5964--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 14, 2015
                               ___________

Introduced by Sens. LANZA, AVELLA -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Rules -- recommitted
  to the Committee on Children and Families 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
access to such sealed records and order and  any  index  thereof  except
upon  an  order  of a judge or surrogate of the court in which the order
was made or of a justice of the supreme court.  [No] EXCEPT AS  PROVIDED
IN  SUBDIVISIONS  FOUR AND FIVE OF THIS SECTION, NO order for disclosure
or access and inspection shall be granted except on good cause shown and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07428-07-6

S. 5964--A                          2

on due notice to the adoptive parents and to such additional persons  as
the  court  may  direct.  Nothing  contained  herein  shall be deemed to
require the state commissioner of health  or  his  OR  HER  designee  to
secure  a court order authorizing disclosure of information contained in
adoption or birth records requested pursuant to the authority of section
forty-one hundred thirty-eight-c or section  forty-one  hundred  thirty-
eight-d  of  the public health law; upon the receipt of such request for
information, the court shall transmit the information authorized  to  be
released  thereunder  to  the state commissioner of health or his OR HER
designee.
  S 3. Section 114 of the domestic relations law is amended by adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW: (A) AN ADOPTED
PERSON WHO HAS ATTAINED THE AGE OF EIGHTEEN YEARS MAY APPLY TO THE COURT
IN WHICH THE ORDER OF ADOPTION WAS MADE, OR TO  THE  SUPREME  COURT,  TO
REQUEST  AN  ORDER RELEASING A NON-CERTIFIED COPY OF HIS OR HER ORIGINAL
LONG FORM BIRTH CERTIFICATE, OR WHERE NO BIRTH CERTIFICATE IS AVAILABLE,
THE IDENTIFYING INFORMATION OF HIS OR HER BIRTH PARENT  OR  PARENTS,  IN
ACCORDANCE  WITH THIS SUBDIVISION. SUCH APPLICATION SHALL INCLUDE SUFFI-
CIENT PROOF OF IDENTITY OF SUCH ADOPTED PERSON.
  (B) UPON RECEIPT OF AN APPLICATION PURSUANT TO PARAGRAPH (A)  OF  THIS
SUBDIVISION,  THE COURT SHALL PROVIDE THE DEPARTMENT OF HEALTH, OR ORDER
THAT SUCH DEPARTMENT BE PROVIDED, WITH THE  IDENTIFYING  INFORMATION  OF
THE  ADOPTED  PERSON'S BIRTH PARENT OR PARENTS AND DIRECT THE DEPARTMENT
OF HEALTH TO MAKE A REASONABLE AND  GOOD  FAITH  EFFORT,  DOCUMENTED  IN
WRITING  AND  COMPLETED  WITHIN  ONE  HUNDRED TWENTY DAYS, TO NOTIFY THE
BIRTH PARENT OR PARENTS AND ADVISE  SUCH  PARENT  OR  PARENTS  THAT  THE
ADOPTED  PERSON  HAS  MADE  AN APPLICATION PURSUANT TO THIS SUBDIVISION.
SUCH NOTIFICATION AND ADVISORY GIVEN SHALL COMPLY  WITH  ANY  TERMS  AND
CONDITIONS SET FORTH BY THE COURT AND SHALL BE MADE BY MEANS DESIGNED TO
BE  SENSITIVE  TO  THE PERSONAL NATURE OF THE MATTER.  SUCH NOTIFICATION
SHALL ALSO INCLUDE AN ADVISORY TO  SUCH  PARENT  OR  PARENTS  ABOUT  THE
ADOPTION  MEDICAL  INFORMATION REGISTRY ESTABLISHED BY SECTION FORTY-ONE
HUNDRED THIRTY-EIGHT-C OF THE PUBLIC HEALTH LAW AND  THE  PROCEDURES  BY
WHICH  A  BIRTH  PARENT MAY PROVIDE MEDICAL INFORMATION TO THE REGISTRY.
THE DEPARTMENT OF HEALTH SHALL, BEFORE  MAKING  EFFORTS  TO  NOTIFY  THE
BIRTH  PARENT  OR PARENTS, DETERMINE WHETHER SUCH PARENT OR PARENTS HAVE
ALREADY FILED A WRITTEN CONFIRMATION WITH THE COURT OR THE DEPARTMENT OF
HEALTH PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION OR A  BIRTH  PARENT
REGISTRATION  CONSENT FORM WITH THE ADOPTION INFORMATION REGISTRY PURSU-
ANT TO SUBDIVISION TEN OF SECTION FORTY-ONE  HUNDRED  THIRTY-EIGHT-C  OF
THE  PUBLIC  HEALTH  LAW.  WHERE SUCH CONFIRMATION OR CONSENT FORM IS ON
FILE, THE DEPARTMENT OF HEALTH  SHALL  NOTIFY  THE  COURT  AND  NO  SUCH
EFFORTS TO NOTIFY THE PARENT SHALL BE MADE.
  (C)  UPON  NOTIFICATION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION,
OR EARLIER AT THE DISCRETION OF THE BIRTH PARENT PURSUANT  TO  PARAGRAPH
(H)  OF  THIS  SUBDIVISION, SUCH BIRTH PARENT MAY COMPLETE A WRITTEN AND
NOTARIZED CONFIRMATION THAT HE OR SHE WISHES TO MAINTAIN CONFIDENTIALITY
OF IDENTIFYING INFORMATION, OR THAT HE OR SHE CONSENTS TO THE RELEASE OF
IDENTIFYING INFORMATION.
  (D) UPON RECEIPT OF SUCH WRITTEN CONFIRMATION, OR WHERE THE PARENT HAS
COMPLETED A BIRTH PARENT REGISTRATION CONSENT FORM PURSUANT TO  SUBDIVI-
SION  TEN  OF  SECTION  FORTY-ONE  HUNDRED  THIRTY-EIGHT-C OF THE PUBLIC
HEALTH LAW, THE DEPARTMENT OF HEALTH SHALL NOTIFY THE COURT AND  PROVIDE
THE COURT WITH THE WRITTEN CONFIRMATION OR CONSENT FORM, AS THE CASE MAY
BE,  COMPLETED  BY  THE  BIRTH  PARENT. WHERE SUCH CONSENT FORM HAS BEEN

S. 5964--A                          3

REVOKED BY A BIRTH PARENT, THE DEPARTMENT OF HEALTH SHALL SO NOTIFY  THE
COURT  AND SUCH REVOCATION SHALL BE CONSIDERED BY THE COURT AS A REQUEST
FOR CONTINUED CONFIDENTIALITY OF IDENTIFYING INFORMATION.
  (I)  IF THE BIRTH PARENT CONSENTS TO THE RELEASE OF IDENTIFYING INFOR-
MATION, THE COURT SHALL (A) ORDER THE RELEASE OF A NON-CERTIFIED COPY OF
THE LONG-FORM BIRTH CERTIFICATE TO THE ADOPTED PERSON, OR (B) WHEN  SUCH
BIRTH  CERTIFICATE IS NOT AVAILABLE, ORDER THAT THE IDENTIFYING INFORMA-
TION BE MADE AVAILABLE TO THE ADOPTED PERSON.
  (II) IF THE BIRTH PARENT REQUESTS CONTINUED CONFIDENTIALITY, THE COURT
SHALL DIRECT THE RELEASE OF A NON-CERTIFIED COPY OF  THE  BIRTH  CERTIF-
ICATE  WITH  THE IDENTIFYING INFORMATION REGARDING SUCH PARENT REDACTED,
AND SHALL PROVIDE SUCH ADOPTED PERSON WITH SUCH REDACTED COPY AND FILE A
COPY OF THE REDACTED VERSION IN THE COURT  RECORD.  SUCH  REDACTED  COPY
SHALL  INCLUDE  NON-IDENTIFYING  INFORMATION  AS THAT TERM IS DEFINED IN
SUBDIVISION THREE OF SECTION FORTY-ONE  HUNDRED  THIRTY-EIGHT-C  OF  THE
PUBLIC HEALTH LAW.
  (III)  WHERE  THERE ARE TWO IDENTIFIED BIRTH PARENTS AND ONLY ONE SUCH
PARENT  HAS  REQUESTED  CONFIDENTIALITY,  THE  IDENTIFYING   INFORMATION
REGARDING  THE  OTHER  PARENT  MAY,  IN  THE DISCRETION OF THE COURT, BE
RELEASED TO THE ADOPTED PERSON IN ACCORDANCE WITH THIS SUBDIVISION.  THE
CONSENT  OF ONE PARENT SHALL NOT BE CONSTRUED TO BE CONSENT BY THE OTHER
PARENT.
  THE COURT SHALL ISSUE A WRITTEN  ORDER  WHEN  MAKING  A  DETERMINATION
PURSUANT TO SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH.
  (E)  (I)  IF AFTER REASONABLE AND GOOD FAITH EFFORTS PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, THE BIRTH PARENT IS UNABLE TO BE NOTIFIED
OR DOES NOT RESPOND TO SUCH NOTIFICATION, THE DEPARTMENT OF HEALTH SHALL
SO NOTIFY THE COURT. UNLESS THE COURT, IN ITS DISCRETION, FOR GOOD CAUSE
SPECIFIED IN ITS ORDER,  DETERMINES  THAT  THE  RELEASE  OF  SUCH  BIRTH
CERTIFICATE  OR  IDENTIFYING INFORMATION WOULD BE CLEARLY DETRIMENTAL TO
THE WELFARE OF THE BIRTH OR  ADOPTIVE  PARENTS,  THE  COURT  SHALL:  (A)
RELEASE,  OR DIRECT THE RELEASE OF, AN UNREDACTED, NON-CERTIFIED COPY OF
THE LONG-FORM BIRTH CERTIFICATE TO THE ADOPTED PERSON, OR  (B)  IF  SUCH
BIRTH CERTIFICATE IS NOT AVAILABLE, RELEASE OR DIRECT THE RELEASE OF THE
IDENTIFYING  INFORMATION  THAT  WOULD  HAVE  APPEARED  ON  THE  ORIGINAL
LONG-FORM BIRTH CERTIFICATE. FOR THE PURPOSES OF  THIS  PARAGRAPH,  GOOD
CAUSE  SHALL  INCLUDE,  BUT  IS  NOT LIMITED TO, EVIDENCE CONCERNING THE
WISHES OF THE BIRTH PARENT REGARDING CONFIDENTIALITY AS EXPRESSED AT THE
TIME OF THE ADOPTION OR SURRENDER. THE COURT SHALL ISSUE A WRITTEN ORDER
WHEN MAKING A DETERMINATION PURSUANT TO THIS PARAGRAPH.
  (II) WHERE THE COURT DETERMINES NOT TO  RELEASE  AN  UNREDACTED  BIRTH
CERTIFICATE  PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COURT
SHALL DIRECT THE RELEASE OF A NON-CERTIFIED COPY OF  THE  BIRTH  CERTIF-
ICATE  WITH  THE  IDENTIFYING  INFORMATION REGARDING THE BIRTH PARENT OR
PARENTS REDACTED, AND  SHALL  PROVIDE  SUCH  ADOPTED  PERSON  WITH  SUCH
REDACTED COPY.
  (F) UPON THE CONSENT OF A BIRTH PARENT TO RELEASE IDENTIFYING INFORMA-
TION  PURSUANT  TO  THIS  SUBDIVISION,  THE  DEPARTMENT  OF HEALTH SHALL
PROVIDE SUCH PARENT WITH  A  CONTACT  PREFERENCE  FORM  THAT  SHALL,  IF
COMPLETED  BY  THE BIRTH PARENT, ACCOMPANY A COPY OF A BIRTH CERTIFICATE
OR OTHER IDENTIFYING INFORMATION PROVIDED TO THE  ADOPTED  PERSON  UNDER
THIS  SUBDIVISION  AND  BE  FILED WITH THE ADOPTION INFORMATION REGISTRY
ESTABLISHED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C  OF  THE  PUBLIC
HEALTH  LAW.  THE  CONTACT  PREFERENCE  FORM SHALL INCLUDE THE FOLLOWING
CONTENT TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
  (I) I AM WILLING TO OR WOULD LIKE TO BE CONTACTED.

S. 5964--A                          4

  (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 OF HEALTH.
  (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
COURT OR THE DEPARTMENT OF HEALTH.
  (V) ADD ANY ADDITIONAL INFORMATION HERE (IF DESIRED):
  THE MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE  DEPART-
MENT  OF HEALTH AND SHALL BE SUPPLIED TO THE BIRTH PARENT WITH A CONTACT
PREFERENCE FORM.
  THE MEDICAL HISTORY FORM AND CONTACT PREFERENCE FORM ARE  CONFIDENTIAL
COMMUNICATIONS  FROM  THE BIRTH PARENT TO THE PERSON NAMED ON THE SEALED
BIRTH CERTIFICATE AND SHALL BE PLACED IN SEPARATE SEALED ENVELOPES  UPON
RECEIPT FROM THE BIRTH PARENT.
  THE  SEALED  ENVELOPES  CONTAINING  THE  CONTACT  PREFERENCE  FORM AND
MEDICAL HISTORY FORM SHALL BE RELEASED TO A PERSON REQUESTING HIS OR HER
BIRTH CERTIFICATE UNDER THIS SUBDIVISION OR HIS OR HER  AGENT,  SUCH  AS
HIS  OR HER ATTORNEY, WITH APPROPRIATE AUTHORIZATION.  THE CONTACT PREF-
ERENCE FORM AND MEDICAL HISTORY FORM ARE PRIVATE COMMUNICATIONS FROM THE
BIRTH PARENT TO THE PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND  NO
COPIES OF THE FORMS SHALL BE RETAINED BY THE COURT.
  (G)  THE DEPARTMENT OF HEALTH SHALL DEVELOP AN AFFIRMATIVE INFORMATION
CAMPAIGN AND WIDELY DISSEMINATE TO  THE  PUBLIC,  THROUGH  ITS  WEBSITE,
PUBLIC  SERVICE ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES AND
THROUGH MULTIPLE OUTLETS, INFORMATION CONCERNING THE  ADOPTION  INFORMA-
TION REGISTRY ESTABLISHED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C OF
THE PUBLIC HEALTH LAW AND THE PROVISIONS OF THIS SUBDIVISION, INCLUDING,
BUT NOT LIMITED TO, THE MEANS BY WHICH A BIRTH PARENT MAY FILE A WRITTEN
CONFIRMATION  PURSUANT  TO  PARAGRAPH  (H)  OF THIS SUBDIVISION WITH THE
COURT THAT ORDERED THE ADOPTION OR THE DEPARTMENT OF HEALTH THAT  HE  OR
SHE  WISHES  TO MAINTAIN THE CONFIDENTIALITY OF IDENTIFYING INFORMATION,
OR CONSENTS TO THE RELEASE OF SUCH IDENTIFYING INFORMATION.
  (H) A BIRTH PARENT MAY, AT ANY TIME,  FILE  A  WRITTEN  AND  NOTARIZED
CONFIRMATION  WITH  THE  COURT  THAT  ORDERED  THE  ADOPTION OR WITH THE
DEPARTMENT OF HEALTH INDICATING THAT HE OR SHE WISHES TO MAINTAIN CONFI-
DENTIALITY OF IDENTIFYING INFORMATION OR THAT HE OR SHE CONSENTS TO  THE
RELEASE OF IDENTIFYING INFORMATION. THE DEPARTMENT OF HEALTH SHALL NOTI-
FY THE COURT AND PROVIDE THE COURT WITH A COPY OF SUCH WRITTEN CONFIRMA-
TION. THE COURT SHALL HONOR SUCH WRITTEN CONFIRMATION UNLESS IT IS WITH-
DRAWN OR MODIFIED, IN NOTARIZED WRITING, BY THE BIRTH PARENT.
  (I)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, "ADOPTED PERSON" SHALL
INCLUDE A PERSON WHO WAS SURRENDERED AS DESCRIBED IN  SUBDIVISION  SEVEN
OF SECTION ONE HUNDRED NINE OF THIS ARTICLE.
  S  4.  Subdivision  10  of section 4138-c of the public health law, as
added by chapter 435 of the laws of 2008, is amended and a new  subdivi-
sion 10-a is added to read as follows:
  10.  The  commissioner  is directed to develop an adoption information
registry birth parent registration consent form to be completed  at  the
time of surrender or consent to adoption. Such form shall include check-
off boxes to be appropriately marked by the biological parent or parents
whose consent is necessary for the relinquishment of such child indicat-
ing  whether  or  not such parent consents to the receipt of identifying
information AND A NON-CERTIFIED COPY OF THE ORIGINAL  BIRTH  CERTIFICATE
by  the  child  to  be adopted. A copy of such form shall be sent to the
department with copies of the original and amended  birth  certificates.
Such  form shall state that it is the responsibility of the birth parent

S. 5964--A                          5

to update the registry with any changes in contact information. The form
shall additionally advise the biological parents of the adoption medical
information sub-registry and the procedures by which a birth parent  may
provide  medical  information  to  the sub-registry. Notwithstanding any
inconsistent provision of law  to  the  contrary,  the  commissioner  is
directed  to develop any rules and regulations necessary to expedite the
transfer of information from any agency, court or  department  necessary
to implement this subdivision.
  10-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA-
RY,  FOR  SURRENDERS OCCURRING AND ORDERS OF ADOPTIONS ENTERED AFTER THE
EFFECTIVE DATE OF THIS  SUBDIVISION,  WHERE  THE  BIOLOGICAL  PARENT  OR
PARENTS  WHOSE CONSENT IS NECESSARY FOR THE RELINQUISHMENT OF SUCH CHILD
CONSENTS TO THE RELEASE OF A NON-CERTIFIED COPY OF THE CHILD'S  ORIGINAL
BIRTH  CERTIFICATE  OR  DOES  NOT  AFFIRMATIVELY  REQUEST,  ON  THE FORM
DESCRIBED IN SUBDIVISION TEN OF THIS SECTION, THAT SUCH  ORIGINAL  BIRTH
CERTIFICATE  REMAIN  CONFIDENTIAL,  THE  SURRENDERED  OR  ADOPTED PERSON
SHALL, AFTER ATTAINING THE AGE OF EIGHTEEN AND UPON APPLICATION  TO  THE
DEPARTMENT  AND  ADEQUATE PROOF OF IDENTITY, HAVE THE RIGHT TO RECEIVE A
NON-CERTIFIED COPY OF THEIR ORIGINAL BIRTH CERTIFICATE.
  S 5. This act shall take effect April  15,  2017,  provided,  however,
that  paragraphs  (g)  and  (h)  of  subdivision 5 of section 114 of the
domestic relations law, as added by section three  of  this  act,  shall
take effect on the thirtieth day after such effective date.

2015-S5964B (ACTIVE) - Details

See Assembly Version of this Bill:: A2901
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §114, Dom Rel L; amd §4138-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8910
2013-2014: A909
2017-2018: S4845, A5036

2015-S5964B (ACTIVE) - Summary

2015-S5964B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5964B

 TITLE OF BILL :  An act to amend the domestic relations law and the
public health law, in relation to adoptee rights

 PURPOSE :

This bill would allow an adopted person who is at least eighteen years
of age to request from the court from which the order of adoption was
made, or from the supreme court, a certified copy of his or her
original birth certificate and/or a medical history form if available

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends subdivision 2 of § 114 of the Domestic
Relations Law to allow for exemptions included in subdivision 4 and 5
of this section.

Section 2 amends § 114 of the Domestic Relations Law by adding a new
subdivision 5 to allow an adult adopted person over the age of 18 to
request from the court where the adoption was made or the supreme
court a certified copy of his or her original long form birth
certificate or identifying information in the case where a birth
certificate is not available. The adopted person needs sufficient
proof of identity to obtain documents.

Section 2 subsection (b) directs the court to supply the state
department of health with the adopted person's birth parent or
parents' identifying information so the department of health can make
a reasonable and good faith effort to contact and advise birth
parent(s) that the adopted person has filed an application to receive
their original long-form birth certificate. Prior to notifying
parent(s), the department of health shall determine whether the birth
parent(s) have already filed a written confirmation or consent form.
If such form is on file, the court shall be notified and no effort to
notify the parent shall be made.

Section 2 subsection (c) allows the birth parent to complete a written
and , notarized confirmation that he or she wishes to maintain
confidentiality of identifying information, or that he or she consents
to the release of identifying information.

Section 2 subsection (d) directs that upon receipt of Written
confirmation or if the parent has completed a registration consent
form, the health department will notify and provide the court with
such documents. If such consent form has been revoked by birth parent,
the court shall be notified and the court will consider that a request
for continued confidentiality.

(1) If the birth parent(s) consent to release of identifying
information the court shall (i) order the release of a certified copy
of the long-form birth certificate to the adopted person or (ii) if
birth . certificate is unavailable, identifying information will be
made available to the adopted person.

(2) If the birth parent requests confidentiality, the court shall
release a certified copy of the long form birth certificate to the
adopted person with the birth parent's identifying information
redacted.

(3) Where there are two birth parents and only one requests
confidentiality, the other parent's identifying information may be
released to the adopted person. The consent of one parent will not be
construed as consent by the other parent.


Section 2 subsection (e)states that if the birth parent is unable to
be notified or doesn't respond after reasonable and good faith
efforts, and unless the court deems the release of the birth
certificate or identifying information to be detrimental to the
welfare of the birth or adoptive parents, the court will (i)release an
unredacted, certified copy of the long form birth certificate to the
adopted person or (ii) if the birth certificate is not available,
identifying information will be released that would've appeared on the
long foam birth certificate. The court must issue a written order when
making a determination, If the court determines not to release an
unredacted birth certificate, the court shall release a certified copy
of the birth certificate with the birth parent(s)' identifying
information redacted.

Section 2 subsection (f) states that if the birth parent consents to
the release of identifying information, the department of health shall
provide the parent with a contact preference form. If completed, the
form will accompany the copy of the birth certificate provided to the
adopted person.. The consent form will contain the following
information: (1) I am willing to or would like to be contacted. (2) I
would prefer to..be contacted through an intermediary. (3) I have
completed a medical history form and have filed it with the department
of health,

(4) 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
court or the health department. (5) Add any additional information
here (if desired). The medical history form shall be supplied to the
birth parent with a contact preference form. The medical history form
and contact preference are confidential communications from the birth
parent to person named on birth certificate and shall be placed in
separate sealed envelopes. The sealed envelopes shall be released to
the person requesting their birth certificate, or their authorized
agent, and no copies of the form shall be retained by the court.

Section 2 subsection (g) directs the department of health to develop
an affirmative information campaign and widely disseminate it to the
public via their website, public service announcements, and other
means, in multiple languages and through multiple outlets.

Section 2 subsection (h) allows a birth parent to file, a written
notarized confirmation with the court that ordered the adoption or the
department of health indicating whether he or she wishes to maintain
confidentiality or consent to the release of identifying information.

The court shall honor the written confirmation unless it is withdrawn,
in a notarized writing, by the birth parent.

Section 3 amends subdivision 10 of § 4138-c and a new subdivision 10-a
is added. Subdivision 10 calls for the commissioner to direct and
develop an adoption information registry birth parent consent form to
be completed at the time of surrender or consent to adoption. The form
will include check-boxes to be filled by the biological parents or
parents whose consent is needed for the relinquishment of the child,
indicating whether or not the parent consents to the release of
identifying information and a certified copy of the original birth
certificate to the adopted child. The form will state that it is the
birth parent's responsibility to update the registry of changes in
contact information. The form will also advise biological parents of
the adoption medical information sub-registry and providing medical
information. The commissioner is directed to develop any rules and
regulations to expedite transfer of any information from any agency,
court, or department necessary to implement this subdivision as long
as it doesn't conflict with any provision or law. Subdivision 10-a
pertains to all adoptions and surrenders occurring after the effective
date of this law and states that if a biological parent(s), or the
parent(s) who's consent was necessary for the relinquishment of the
child, consents to the release of the non-certified copy of the
child's original birth certificate, the adopted person shall, after
turning the age of 18 and upon application to the department with
adequate proof of identity, have the right to receive a certified copy
of their original birth certificate.

Section 4 states that this bill takes effect on April 15, 2017
provided, however, that paragraphs (g) and (h) of subdivision 5 of the
domestic relations law, as created in section 2 of this act, shall
take effect thirty days after this act shall have become law.

 JUSTIFICATION :

The Bill of Adoptee Rights' will provide adult adoptees with access to
information that a non-adopted person has a legal right to obtain. In
New York, an adoptee cannot access his or her original birth
certificate unless the adoptee goes through judicial means, and even
then, the outcome does not guarantee that access will be granted.
This bill will allow adult adoptees to request and receive a
noncertified copy of an original birth certificate and/or a medical
history form if available.

Adoptees will be able to gain knowledge of their religious and ethnic
heritage and access to medical information that may be necessary for
preventive health care and illnesses that are linked to family history
and genetics. A birth parent may seek to protect his or her privacy by
completing a contact preference form that would be sent to the adult
adoptee upon a request for a noncertified copy-of an original birth
certificate. The contact preference form provides the birth parent
with the option to be contacted by the adoptee, through an
intermediary or to not be contacted at all.

 PRIOR LEGISLATIVE HISTORY :

2015: S.5964 - Children & Families / A.2901-A - Passed Assembly
2013-2014 :A2901/53314
2012:A.8910/S.7286 A909/S2490
2011:A.2003/S.1438
2009/2010: A.8410A/S.5269A
2007/2008: A.2277/S.235
2006: A.9823/5.446
2005: A.928/S.446
2003-2004: A.6238A/S.2631A
2001-2002: A.7943/S.4286
1999-2000: A.7541A/S.1224A
1997-1998: A.4316/S.3677
1995-1996: A.2328/S.3709A
1993-1994: A.10403/S.856

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on April 15, 2017, provided, however, that
paragraphs (g) and (h) of subdivisions 5 of the domestic relations
law, as created by section 2 of this act, shall take effect thirty
days after this act shall have become law.

2015-S5964B (ACTIVE) - Bill Text download pdf

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

                                 5964--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 14, 2015
                               ___________

Introduced by Sens. LANZA, AVELLA -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Rules -- recommitted
  to the Committee on Children and Families in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said  committee  --  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
access  to  such  sealed  records and order and any index thereof except
upon an order of a judge or surrogate of the court in  which  the  order
was  made or of a justice of the supreme court.  [No] EXCEPT AS PROVIDED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07428-10-6

S. 5964--B                          2

IN SUBDIVISIONS FOUR AND FIVE OF THIS SECTION, NO order  for  disclosure
or access and inspection shall be granted except on good cause shown and
on  due notice to the adoptive parents and to such additional persons as
the  court  may  direct.  Nothing  contained  herein  shall be deemed to
require the state commissioner of health  or  his  OR  HER  designee  to
secure  a court order authorizing disclosure of information contained in
adoption or birth records requested pursuant to the authority of section
forty-one hundred thirty-eight-c or section  forty-one  hundred  thirty-
eight-d  of  the public health law; upon the receipt of such request for
information, the court shall transmit the information authorized  to  be
released  thereunder  to  the state commissioner of health or his OR HER
designee.
  S 3. Section 114 of the domestic relations law is amended by adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW: (A) AN ADOPTED
PERSON WHO HAS ATTAINED THE AGE OF EIGHTEEN YEARS MAY APPLY TO THE COURT
IN WHICH THE ORDER OF ADOPTION WAS MADE, OR TO  THE  SUPREME  COURT,  TO
REQUEST  AN ORDER RELEASING A CERTIFIED COPY OF HIS OR HER ORIGINAL LONG
FORM BIRTH CERTIFICATE, OR WHERE NO BIRTH CERTIFICATE IS AVAILABLE,  THE
IDENTIFYING  INFORMATION  OF  HIS  OR  HER  BIRTH  PARENT OR PARENTS, IN
ACCORDANCE WITH THIS SUBDIVISION. SUCH APPLICATION SHALL INCLUDE  SUFFI-
CIENT PROOF OF IDENTITY OF SUCH ADOPTED PERSON.
  (B)  UPON  RECEIPT OF AN APPLICATION PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE COURT SHALL PROVIDE THE DEPARTMENT OF HEALTH, OR  ORDER
THAT  SUCH  DEPARTMENT  BE PROVIDED, WITH THE IDENTIFYING INFORMATION OF
THE ADOPTED PERSON'S BIRTH PARENT OR PARENTS AND DIRECT  THE  DEPARTMENT
OF  HEALTH  TO  MAKE  A  REASONABLE AND GOOD FAITH EFFORT, DOCUMENTED IN
WRITING AND COMPLETED WITHIN ONE HUNDRED  TWENTY  DAYS,  TO  NOTIFY  THE
BIRTH  PARENT  OR  PARENTS  AND  ADVISE  SUCH PARENT OR PARENTS THAT THE
ADOPTED PERSON HAS MADE AN APPLICATION  PURSUANT  TO  THIS  SUBDIVISION.
SUCH  NOTIFICATION  AND  ADVISORY  GIVEN SHALL COMPLY WITH ANY TERMS AND
CONDITIONS SET FORTH BY THE COURT AND SHALL BE MADE BY MEANS DESIGNED TO
BE SENSITIVE TO THE PERSONAL NATURE OF THE MATTER.    SUCH  NOTIFICATION
SHALL  ALSO  INCLUDE  AN  ADVISORY  TO  SUCH PARENT OR PARENTS ABOUT THE
ADOPTION MEDICAL INFORMATION REGISTRY ESTABLISHED BY  SECTION  FORTY-ONE
HUNDRED  THIRTY-EIGHT-C  OF  THE PUBLIC HEALTH LAW AND THE PROCEDURES BY
WHICH A BIRTH PARENT MAY PROVIDE MEDICAL INFORMATION  TO  THE  REGISTRY.
THE  DEPARTMENT  OF  HEALTH  SHALL,  BEFORE MAKING EFFORTS TO NOTIFY THE
BIRTH PARENT OR PARENTS, DETERMINE WHETHER SUCH PARENT OR  PARENTS  HAVE
ALREADY FILED A WRITTEN CONFIRMATION WITH THE COURT OR THE DEPARTMENT OF
HEALTH  PURSUANT  TO PARAGRAPH (H) OF THIS SUBDIVISION OR A BIRTH PARENT
REGISTRATION CONSENT FORM WITH THE ADOPTION INFORMATION REGISTRY  PURSU-
ANT  TO  SUBDIVISION  TEN OF SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C OF
THE PUBLIC HEALTH LAW. WHERE SUCH CONFIRMATION OR  CONSENT  FORM  IS  ON
FILE,  THE  DEPARTMENT  OF  HEALTH  SHALL  NOTIFY  THE COURT AND NO SUCH
EFFORTS TO NOTIFY THE PARENT SHALL BE MADE.
  (C) UPON NOTIFICATION PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVISION,
OR  EARLIER  AT THE DISCRETION OF THE BIRTH PARENT PURSUANT TO PARAGRAPH
(H) OF THIS SUBDIVISION, SUCH BIRTH PARENT MAY COMPLETE  A  WRITTEN  AND
NOTARIZED CONFIRMATION THAT HE OR SHE WISHES TO MAINTAIN CONFIDENTIALITY
OF IDENTIFYING INFORMATION, OR THAT HE OR SHE CONSENTS TO THE RELEASE OF
IDENTIFYING INFORMATION.
  (D) UPON RECEIPT OF SUCH WRITTEN CONFIRMATION, OR WHERE THE PARENT HAS
COMPLETED  A BIRTH PARENT REGISTRATION CONSENT FORM PURSUANT TO SUBDIVI-
SION TEN OF SECTION  FORTY-ONE  HUNDRED  THIRTY-EIGHT-C  OF  THE  PUBLIC
HEALTH  LAW, THE DEPARTMENT OF HEALTH SHALL NOTIFY THE COURT AND PROVIDE

S. 5964--B                          3

THE COURT WITH THE WRITTEN CONFIRMATION OR CONSENT FORM, AS THE CASE MAY
BE, COMPLETED BY THE BIRTH PARENT. WHERE  SUCH  CONSENT  FORM  HAS  BEEN
REVOKED  BY A BIRTH PARENT, THE DEPARTMENT OF HEALTH SHALL SO NOTIFY THE
COURT  AND SUCH REVOCATION SHALL BE CONSIDERED BY THE COURT AS A REQUEST
FOR CONTINUED CONFIDENTIALITY OF IDENTIFYING INFORMATION.
  (I) IF THE BIRTH PARENT CONSENTS TO THE RELEASE OF IDENTIFYING  INFOR-
MATION, THE COURT SHALL (A) ORDER THE RELEASE OF A CERTIFIED COPY OF THE
LONG-FORM  BIRTH  CERTIFICATE  TO  THE  ADOPTED PERSON, OR (B) WHEN SUCH
BIRTH CERTIFICATE IS NOT AVAILABLE, ORDER THAT THE IDENTIFYING  INFORMA-
TION BE MADE AVAILABLE TO THE ADOPTED PERSON.
  (II) IF THE BIRTH PARENT REQUESTS CONTINUED CONFIDENTIALITY, THE COURT
SHALL  DIRECT  THE  RELEASE OF A CERTIFIED COPY OF THE BIRTH CERTIFICATE
WITH THE IDENTIFYING INFORMATION REGARDING  SUCH  PARENT  REDACTED,  AND
SHALL  PROVIDE  SUCH  ADOPTED  PERSON WITH SUCH REDACTED COPY AND FILE A
COPY OF THE REDACTED VERSION IN THE COURT  RECORD.  SUCH  REDACTED  COPY
SHALL  INCLUDE  NON-IDENTIFYING  INFORMATION  AS THAT TERM IS DEFINED IN
SUBDIVISION THREE OF SECTION FORTY-ONE  HUNDRED  THIRTY-EIGHT-C  OF  THE
PUBLIC HEALTH LAW.
  (III)  WHERE  THERE ARE TWO IDENTIFIED BIRTH PARENTS AND ONLY ONE SUCH
PARENT  HAS  REQUESTED  CONFIDENTIALITY,  THE  IDENTIFYING   INFORMATION
REGARDING  THE  OTHER  PARENT  MAY,  IN  THE DISCRETION OF THE COURT, BE
RELEASED TO THE ADOPTED PERSON IN ACCORDANCE WITH THIS SUBDIVISION.  THE
CONSENT  OF ONE PARENT SHALL NOT BE CONSTRUED TO BE CONSENT BY THE OTHER
PARENT.
  THE COURT SHALL ISSUE A WRITTEN  ORDER  WHEN  MAKING  A  DETERMINATION
PURSUANT TO SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH.
  (E)  (I)  IF AFTER REASONABLE AND GOOD FAITH EFFORTS PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, THE BIRTH PARENT IS UNABLE TO BE NOTIFIED
OR DOES NOT RESPOND TO SUCH NOTIFICATION, THE DEPARTMENT OF HEALTH SHALL
SO NOTIFY THE COURT. UNLESS THE COURT, IN ITS DISCRETION, FOR GOOD CAUSE
SPECIFIED IN ITS ORDER,  DETERMINES  THAT  THE  RELEASE  OF  SUCH  BIRTH
CERTIFICATE  OR  IDENTIFYING INFORMATION WOULD BE CLEARLY DETRIMENTAL TO
THE WELFARE OF THE BIRTH OR  ADOPTIVE  PARENTS,  THE  COURT  SHALL:  (A)
RELEASE,  OR DIRECT THE RELEASE OF, AN UNREDACTED, CERTIFIED COPY OF THE
LONG-FORM BIRTH CERTIFICATE TO THE ADOPTED PERSON, OR (B) IF SUCH  BIRTH
CERTIFICATE IS NOT AVAILABLE, RELEASE OR DIRECT THE RELEASE OF THE IDEN-
TIFYING  INFORMATION  THAT WOULD HAVE APPEARED ON THE ORIGINAL LONG-FORM
BIRTH CERTIFICATE. FOR THE PURPOSES OF THIS PARAGRAPH, GOOD CAUSE  SHALL
INCLUDE,  BUT  IS  NOT LIMITED TO, EVIDENCE CONCERNING THE WISHES OF THE
BIRTH PARENT REGARDING CONFIDENTIALITY AS EXPRESSED AT THE TIME  OF  THE
ADOPTION OR SURRENDER. THE COURT SHALL ISSUE A WRITTEN ORDER WHEN MAKING
A DETERMINATION PURSUANT TO THIS PARAGRAPH.
  (II)  WHERE  THE  COURT  DETERMINES NOT TO RELEASE AN UNREDACTED BIRTH
CERTIFICATE PURSUANT TO SUBPARAGRAPH (I) OF THIS  PARAGRAPH,  THE  COURT
SHALL  DIRECT  THE  RELEASE OF A CERTIFIED COPY OF THE BIRTH CERTIFICATE
WITH THE IDENTIFYING INFORMATION REGARDING THE BIRTH PARENT  OR  PARENTS
REDACTED, AND SHALL PROVIDE SUCH ADOPTED PERSON WITH SUCH REDACTED COPY.
  (F) UPON THE CONSENT OF A BIRTH PARENT TO RELEASE IDENTIFYING INFORMA-
TION  PURSUANT  TO  THIS  SUBDIVISION,  THE  DEPARTMENT  OF HEALTH SHALL
PROVIDE SUCH PARENT WITH  A  CONTACT  PREFERENCE  FORM  THAT  SHALL,  IF
COMPLETED  BY  THE BIRTH PARENT, ACCOMPANY A COPY OF A BIRTH CERTIFICATE
OR OTHER IDENTIFYING INFORMATION PROVIDED TO THE  ADOPTED  PERSON  UNDER
THIS  SUBDIVISION  AND  BE  FILED WITH THE ADOPTION INFORMATION REGISTRY
ESTABLISHED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C  OF  THE  PUBLIC
HEALTH  LAW.  THE  CONTACT  PREFERENCE  FORM SHALL INCLUDE THE FOLLOWING
CONTENT TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:

S. 5964--B                          4

  (I) I AM WILLING TO OR 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 OF HEALTH.
  (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
COURT OR THE DEPARTMENT OF HEALTH.
  (V) ADD ANY ADDITIONAL INFORMATION HERE (IF DESIRED):
  THE MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE  DEPART-
MENT  OF HEALTH AND SHALL BE SUPPLIED TO THE BIRTH PARENT WITH A CONTACT
PREFERENCE FORM.
  THE MEDICAL HISTORY FORM AND CONTACT PREFERENCE FORM ARE  CONFIDENTIAL
COMMUNICATIONS  FROM  THE BIRTH PARENT TO THE PERSON NAMED ON THE SEALED
BIRTH CERTIFICATE AND SHALL BE PLACED IN SEPARATE SEALED ENVELOPES  UPON
RECEIPT FROM THE BIRTH PARENT.
  THE  SEALED  ENVELOPES  CONTAINING  THE  CONTACT  PREFERENCE  FORM AND
MEDICAL HISTORY FORM SHALL BE RELEASED TO A PERSON REQUESTING HIS OR HER
BIRTH CERTIFICATE UNDER THIS SUBDIVISION OR HIS OR HER  AGENT,  SUCH  AS
HIS  OR HER ATTORNEY, WITH APPROPRIATE AUTHORIZATION.  THE CONTACT PREF-
ERENCE FORM AND MEDICAL HISTORY FORM ARE PRIVATE COMMUNICATIONS FROM THE
BIRTH PARENT TO THE PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND  NO
COPIES OF THE FORMS SHALL BE RETAINED BY THE COURT.
  (G)  THE DEPARTMENT OF HEALTH SHALL DEVELOP AN AFFIRMATIVE INFORMATION
CAMPAIGN AND WIDELY DISSEMINATE TO  THE  PUBLIC,  THROUGH  ITS  WEBSITE,
PUBLIC  SERVICE ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES AND
THROUGH MULTIPLE OUTLETS, INFORMATION CONCERNING THE  ADOPTION  INFORMA-
TION REGISTRY ESTABLISHED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C OF
THE PUBLIC HEALTH LAW AND THE PROVISIONS OF THIS SUBDIVISION, INCLUDING,
BUT NOT LIMITED TO, THE MEANS BY WHICH A BIRTH PARENT MAY FILE A WRITTEN
CONFIRMATION  PURSUANT  TO  PARAGRAPH  (H)  OF THIS SUBDIVISION WITH THE
COURT THAT ORDERED THE ADOPTION OR THE DEPARTMENT OF HEALTH THAT  HE  OR
SHE  WISHES  TO MAINTAIN THE CONFIDENTIALITY OF IDENTIFYING INFORMATION,
OR CONSENTS TO THE RELEASE OF SUCH IDENTIFYING INFORMATION.
  (H) A BIRTH PARENT MAY, AT ANY TIME,  FILE  A  WRITTEN  AND  NOTARIZED
CONFIRMATION  WITH  THE  COURT  THAT  ORDERED  THE  ADOPTION OR WITH THE
DEPARTMENT OF HEALTH INDICATING THAT HE OR SHE WISHES TO MAINTAIN CONFI-
DENTIALITY OF IDENTIFYING INFORMATION OR THAT HE OR SHE CONSENTS TO  THE
RELEASE OF IDENTIFYING INFORMATION. THE DEPARTMENT OF HEALTH SHALL NOTI-
FY THE COURT AND PROVIDE THE COURT WITH A COPY OF SUCH WRITTEN CONFIRMA-
TION. THE COURT SHALL HONOR SUCH WRITTEN CONFIRMATION UNLESS IT IS WITH-
DRAWN OR MODIFIED, IN NOTARIZED WRITING, BY THE BIRTH PARENT.
  (I)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, "ADOPTED PERSON" SHALL
INCLUDE A PERSON WHO WAS SURRENDERED AS DESCRIBED IN  SUBDIVISION  SEVEN
OF SECTION ONE HUNDRED NINE OF THIS ARTICLE.
  S  4.  Subdivision  10  of section 4138-c of the public health law, as
added by chapter 435 of the laws of 2008, is amended and a new  subdivi-
sion 10-a is added to read as follows:
  10.  The  commissioner  is directed to develop an adoption information
registry birth parent registration consent form to be completed  at  the
time of surrender or consent to adoption. Such form shall include check-
off boxes to be appropriately marked by the biological parent or parents
whose consent is necessary for the relinquishment of such child indicat-
ing  whether  or  not such parent consents to the receipt of identifying
information AND A CERTIFIED COPY OF THE ORIGINAL  BIRTH  CERTIFICATE  by
the  child  to  be  adopted.  A  copy  of such form shall be sent to the
department with copies of the original and amended  birth  certificates.

S. 5964--B                          5

Such  form shall state that it is the responsibility of the birth parent
to update the registry with any changes in contact information. The form
shall additionally advise the biological parents of the adoption medical
information  sub-registry and the procedures by which a birth parent may
provide medical information to  the  sub-registry.  Notwithstanding  any
inconsistent  provision  of  law  to  the  contrary, the commissioner is
directed to develop any rules and regulations necessary to expedite  the
transfer  of  information from any agency, court or department necessary
to implement this subdivision.
  10-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA-
RY, FOR SURRENDERS OCCURRING AND ORDERS OF ADOPTIONS ENTERED  AFTER  THE
EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  WHERE  THE BIOLOGICAL PARENT OR
PARENTS WHOSE CONSENT IS NECESSARY FOR THE RELINQUISHMENT OF SUCH  CHILD
CONSENTS  TO  THE  RELEASE  OF  A CERTIFIED COPY OF THE CHILD'S ORIGINAL
BIRTH CERTIFICATE  OR  DOES  NOT  AFFIRMATIVELY  REQUEST,  ON  THE  FORM
DESCRIBED  IN  SUBDIVISION TEN OF THIS SECTION, THAT SUCH ORIGINAL BIRTH
CERTIFICATE REMAIN  CONFIDENTIAL,  THE  SURRENDERED  OR  ADOPTED  PERSON
SHALL,  AFTER  ATTAINING THE AGE OF EIGHTEEN AND UPON APPLICATION TO THE
DEPARTMENT AND ADEQUATE PROOF OF IDENTITY, HAVE THE RIGHT TO  RECEIVE  A
CERTIFIED COPY OF THEIR ORIGINAL BIRTH CERTIFICATE.
  S  5.  This  act  shall take effect April 15, 2017, provided, however,
that paragraphs (g) and (h) of subdivision  5  of  section  114  of  the
domestic  relations  law,  as  added by section three of this act, shall
take effect on the thirtieth day after such effective date.

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Senate Bill S5964B

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

co-Sponsors

2015-S5964 - Details

2015-S5964 - Summary

2015-S5964 - Bill Text download pdf

co-Sponsors

2015-S5964A - Details

2015-S5964A - Summary

2015-S5964A - Sponsor Memo

2015-S5964A - Bill Text download pdf

2015-S5964B (ACTIVE) - Details

2015-S5964B (ACTIVE) - Summary

2015-S5964B (ACTIVE) - Sponsor Memo

2015-S5964B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5964B

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

co-Sponsors

Tony Avella

2015-S5964 - Details

2015-S5964 - Summary

2015-S5964 - Bill Text download pdf

co-Sponsors

Tony Avella

2015-S5964A - Details

2015-S5964A - Summary

2015-S5964A - Sponsor Memo

2015-S5964A - Bill Text download pdf

2015-S5964B (ACTIVE) - Details

2015-S5964B (ACTIVE) - Summary

2015-S5964B (ACTIVE) - Sponsor Memo

2015-S5964B (ACTIVE) - Bill Text download pdf

Comments