The New York State Senate

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

                                  5036

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced  by  M. of A. WEPRIN, MOSLEY, OTIS, BENEDETTO, HOOPER, TITUS,
  SEPULVEDA, ORTIZ, MAYER, AUBRY, PICHARDO, CUSICK,  BRINDISI,  SKOUFIS,
  MURRAY,  THIELE,  BRABENEC,  DiPIETRO,  TITONE,  GALEF,  RAIA, STIRPE,
  COLTON, DILAN, LAVINE, KEARNS, STECK, LOPEZ, WALKER, RICHARDSON,  KIM,
  HIKIND,  CAHILL,  JEAN-PIERRE, HEVESI, BICHOTTE, JOYNER, SANTABARBARA,
  DenDEKKER, BLAKE, HUNTER -- Multi-Sponsored by --  M.  of  A.  ARROYO,
  BARRETT,  BUCHWALD,  BUTLER,  COOK,  CURRAN,  DAVILA, DINOWITZ, ENGLE-
  BRIGHT, FAHY, FARRELL, GIGLIO, GJONAJ, GOTTFRIED, GRAF, HAWLEY, JOHNS,
  KOLB, LALOR, LIFTON, LUPARDO, LUPINACCI, MAGEE, MALLIOTAKIS, McDONALD,
  McDONOUGH, McKEVITT, M. G. MILLER,  MOYA,  OAKS,  PALMESANO,  PALUMBO,
  PAULIN,  PEOPLES-STOKES, PERRY, PRETLOW, RA, RAMOS, RIVERA, RODRIGUEZ,
  ROSENTHAL, RYAN, SIMANOWITZ, SKARTADOS, SOLAGES, STEC, WALTER, WRIGHT,
  ZEBROWSKI -- read once and referred to the Committee on Health

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.
  § 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:

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

                                                           LBD09376-01-7

A. 5036                             2

  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
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.
  § 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

A. 5036                             3

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.
  (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

A. 5036                             4

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.
  (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.
  §  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-

A. 5036                             5

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.
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.
  §  5.  This  act  shall take effect April 15, 2018, 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.

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

                                 5036--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced  by  M. of A. WEPRIN, MOSLEY, OTIS, BENEDETTO, HOOPER, TITUS,
  SEPULVEDA, ORTIZ, MAYER, AUBRY, PICHARDO,  CUSICK,  BRINDISI,  MURRAY,
  THIELE,  BRABENEC,  DiPIETRO,  TITONE,  GALEF,  RAIA,  STIRPE, COLTON,
  DILAN, LAVINE, KEARNS, STECK, LOPEZ, WALKER, RICHARDSON, KIM,  HIKIND,
  CAHILL,  JEAN-PIERRE, HEVESI, BICHOTTE, JOYNER, SANTABARBARA, DenDEKK-
  ER, BLAKE, HUNTER -- Multi-Sponsored by -- M. of A.  ARROYO,  BARRETT,
  BUCHWALD,  BUTLER,  COOK, CURRAN, DAVILA, DINOWITZ, ENGLEBRIGHT, FAHY,
  FARRELL, GIGLIO, GJONAJ, GOTTFRIED, GRAF, HAWLEY, JOHNS, KOLB,  LALOR,
  LIFTON,  LUPARDO,  LUPINACCI, MAGEE, MALLIOTAKIS, McDONALD, McDONOUGH,
  McKEVITT,  M. G. MILLER,  MOYA,  OAKS,  PALMESANO,  PALUMBO,   PAULIN,
  PEOPLES-STOKES,  PERRY,  PRETLOW, RA, RAMOS, RIVERA, RODRIGUEZ, ROSEN-
  THAL, RYAN, SIMANOWITZ,  SKARTADOS,  SOLAGES,  STEC,  WALTER,  WRIGHT,
  ZEBROWSKI  --  read  once  and  referred to the Committee on Health --
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09376-02-7

A. 5036--A                          2

  §  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
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.
  §  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.

A. 5036--A                          3

  (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.
  (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  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 CERTIF-
ICATE 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 CERTIFIED COPY OF  THE  BIRTH  CERTIFICATE

A. 5036--A                          4

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.
  (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.

A. 5036--A                          5

  § 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.
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 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.
  §  5.  This  act  shall take effect April 15, 2018, 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.