S T A T E O F N E W Y O R K
________________________________________________________________________
2767
2017-2018 Regular Sessions
I N A S S E M B L Y
January 23, 2017
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Introduced by M. of A. ZEBROWSKI, WEPRIN, JAFFEE, GOTTFRIED, ORTIZ,
ROSENTHAL, TITONE, BUCHWALD, COLTON, BUTLER, RAIA, SEPULVEDA, SKARTA-
DOS, SKOUFIS, RIVERA, JEAN-PIERRE, GRAF, BRABENEC, GALEF, ARROYO --
Multi-Sponsored by -- M. of A. COOK, DINOWITZ, HEVESI, JOYNER, LUPAR-
DO, MURRAY, PAULIN, STECK -- read once and referred to the Committee
on Judiciary
AN ACT to amend the domestic relations law, in relation to disclosure of
information relating to natural siblings of adopted persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The domestic relations law is amended by adding a new
section 114-a to read as follows:
§ 114-A. RECORDS OF ADOPTED NATURAL SIBLINGS. NOTWITHSTANDING THE
FOREGOING OR ANY OTHER INCONSISTENT PROVISIONS OF LAW, A JUSTICE, SURRO-
GATE OR JUDGE OF THE COURT IN WHICH THE ORDER OF ADOPTION WAS MADE
SHALL, UPON WRITTEN EX PARTE APPLICATION BY A PERSON AT LEAST TWENTY-ONE
YEARS OF AGE WHO, AS A CHILD, HAD BEEN LEGALLY ADOPTED GRANT AN ORDER
DIRECTING THE CLERK OF THE COURT WHO IS CUSTODIAN OF THE PAPERS, RECORDS
OR FILES PERTAINING TO SUCH ADOPTION TO SUBMIT THEM TO THE COURT FOR
PHYSICAL UNSEALING TO PERMIT IN CAMERA REVIEW, BY THE COURT ALONE, OF
THE INFORMATION CONTAINED THEREIN ON THE IDENTIFICATION OF THE APPLI-
CANT'S ADOPTED NATURAL SIBLING OR SIBLINGS. PRIOR TO SUCH REVIEW, THE
COURT SHALL SEND A LETTER TO THE LAST KNOWN ADDRESSES OF THE ADOPTED
NATURAL BROTHERS OR SISTERS OVER TWENTY-ONE YEARS OF AGE OF THE APPLI-
CANT STATING THAT AN ADOPTED NATURAL SIBLING IS ATTEMPTING TO CONTACT
THEM. THE LETTER SHALL CONTAIN A METHOD FOR THE ADOPTED NATURAL BROTHER
OR SISTER TO CONSENT OR REJECT SUCH CONTACT. THE CONSENT MUST BE
RECEIVED BY THE COURT WITHIN ONE HUNDRED TWENTY DAYS IN ORDER TO
PROCEED. UPON RECEIVING CONSENT FROM THE NATURAL BROTHER OR SISTER AND
THE REVIEW OF THE RECORDS HAVE CONCLUDED THAT DISCLOSURE WOULD NOT IN
ANY WAY REVEAL THE NAME OR NAMES OF THE NATURAL PARENT OR PARENTS, THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07799-01-7
A. 2767 2
COURT SHALL DISCLOSE TO THE APPLICANT FOR THE ORDER OF REVIEW THE NAMES
AND ALL LAST KNOWN ADDRESSES OF THE NATURAL BROTHERS AND SISTERS OVER
THE AGE OF TWENTY-ONE OF THE CHILD WHO WAS ADOPTED, AND THE CLERK OF THE
COURT SHALL RESEAL AND RETURN THE PAPERS, RECORDS OR FILES TO THE CLERK
OF THE COURT RE-FILING THEREOF. IF CONTACT HAS BEEN DENIED, THE APPLI-
CANT MAY NOT REAPPLY TO THE COURT TO OBTAIN RECORDS OF THE NATURAL
BROTHER OR SISTER WHO EXPLICITLY REJECTED CONTACT. AN APPLICANT MAY
REAPPLY, NO SOONER THAN ONE YEAR AFTER THE PREVIOUS APPLICATION, FOR
SUCH RECORDS IF THE NATURAL BROTHER OR SISTER DID NOT RESPOND TO THE
LETTER OF CONSENT.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.