senate Bill S5964A

2015-2016 Legislative Session

Relates to adoptee rights

download bill text pdf

Sponsored By

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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
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

Co-Sponsors

S5964 - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §114, Dom Rel L; amd §4138-c, Pub Health L

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.

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

Co-Sponsors

S5964A - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §114, Dom Rel L; amd §4138-c, Pub Health L

S5964A - 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.

S5964A - Sponsor Memo

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

S5964B (ACTIVE) - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §114, Dom Rel L; amd §4138-c, Pub Health L

S5964B (ACTIVE) - 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.

S5964B (ACTIVE) - Sponsor Memo

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

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