NY State Senate Bill S7631B

Archive: Last Bill Status - In Senate Committee Health 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 (5)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2018	print number 7631b
May 31, 2018	amend and recommit to health
May 10, 2018	print number 7631a
May 10, 2018	amend and recommit to health
Feb 01, 2018	referred to health

Bill Amendments

Original

B (Active)

Original

B (Active)

S7631 - Details

See Assembly Version of this Bill:: A9959
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L
Versions Introduced in 2019-2020 Legislative Session:: S2222

S7631 - Summary

Establishes the right of adoptees to receive a certified copy of their birth certificate upon reaching the age of 18; such birth certificate shall include information on the medical history of the birth parents.

S7631 - Sponsor Memo

 
BILL NUMBER: S7631

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the public health law and the domestic relations law, in
relation to authorizing adoptees to obtain a certified copy of their
birth certificate

 
PURPOSE OR GENERAL IDEA OF BILL:

Establishes the right of adoptees to receive a certified copy of their
birth certificate upon reaching the age of 18

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the public health law by adding a new
section, § 4138-e, to acknowledge that the denial of access to accurate
and complete medical and self-identifying data of any adopted person is
a violation of that person's human rights and is contrary to the tenets
of governance. 2 (a) states that an adopted person eighteen years of age

can obtain a certified copy of his or her original birth certificate
upon application, presentation of proof of identification and the
payment of a nominal fee.

Sections 2, 3 and 4 amend § 4138 of the public health law to state that
a certified copy of the certificate of birth of such a person shall be
issued upon notarized request by an adult adopted person.

Section 5 amends § 4138 of the public health law to state that an
adopted person eighteen years of age or older may submit to the regist-
rar a notice of change of name and/or address and that such information
shall be attached to the original birth certificate of the adopted
person.

Section 6 amends § 4139-d of the public health law and removes the
provision that allows an adoption agency to restrict access to non-iden-
tifying information that is not in the best interest of the adoptee, the
biological sibling or the birth parent(s).

Section 7 amends § 4104 of the public health law to include additional
provisions under vital statistics that would be applicable to the city
of New York.

Section 8 amends § 114 of the domestic relations law to require certain
information be contained in the medical history of the child at the time
the child is surrendered by his or her birth parent(s).  The law guardi-
an will have the responsibility to ensure the comprehensive completion
and filing of the information prior to the acceptance of the termination
of parental rights or the entry of a certificate of adoption. The law
guardian will provide an affidavit to the court reporting all diligent
efforts to obtain the medical history information and a copy of the
affidavit will be appended to the original and amended birth certif-
icates.

Section 9 amends § 114 of the domestic relations law to allow an adult
adoptee to request and receive a certified copy of his or her original
birth certificate and/or a medical history form, if available, upon
proper identification and payment of a nominal fee.
Section 10 is the effective date.

 
JUSTIFICATION:

In New York, an adoptee cannot access his or her original birth certif-
icate 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 certified 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 will gain access to medical information that may be neces-
sary for preventive health care and illnesses that are linked to family
history and genetics. This bill gives an adoptee a clear path to obtain
necessary documents and recognizes that the denial of access to accurate
and compete medical and self-identifying data of any adopted person is a
violation of that person's human rights.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on January 15, 2019, provided, however, that,
effective immediately, the commissioner of health is directed to promul-
gate such rules and regulations as may be necessary to carry out the
provisions of this act.

S7631 - Bill Text download pdf


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

                                  7631

                            I N  S E N A T E

                            February 1, 2018
                               ___________

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

AN ACT to amend the public health law and the domestic relations law, in
  relation to authorizing adoptees to obtain a certified copy  of  their
  birth certificate

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
4138-e to read as follows:
  §  4138-E.  ADOPTEE'S  RIGHT  TO  A CERTIFIED COPY OF HIS OR HER BIRTH
CERTIFICATE.  1. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWL-
EDGE, SUPPORT AND ENCOURAGE THE LIFE-LONG HEALTH AND WELL-BEING NEEDS OF
PERSONS WHO HAVE BEEN AND WILL BE ADOPTED IN THIS STATE. THE LEGISLATURE
FURTHER RECOGNIZES THAT THE DENIAL OF ACCESS TO  ACCURATE  AND  COMPLETE
MEDICAL  AND  SELF-IDENTIFYING  DATA  OF  ANY  ADOPTED PERSON, KNOWN AND
WILFULLY WITHHELD BY OTHERS, MAY RESULT IN  SUCH  PERSON  SUCCUMBING  TO
PREVENTABLE  DISEASE,  PREMATURE DEATH OR OTHERWISE UNHEALTHY LIFE, IS A
VIOLATION OF THAT PERSON'S HUMAN RIGHTS AND IS CONTRARY TO THE TENETS OF
GOVERNANCE. AS SUCH, THE PROVISIONS OF THIS SECTION  SEEK  TO  ESTABLISH
CONSIDERATIONS UNDER THE LAW FOR ADOPTED PERSONS EQUAL TO SUCH CONSIDER-
ATIONS PERMITTED BY LAW TO ALL NON-ADOPTED PERSONS; THIS SECTION DOES SO
WHILE  PROVIDING  FOR  THE  PRIVACY  OF AN ADOPTED PERSON AND HIS OR HER
BIRTH.
  2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  WHEN  AN  ADOPTED
PERSON  ATTAINS  THE  AGE  OF EIGHTEEN YEARS, THAT PERSON SHALL HAVE THE
RIGHT TO RECEIPT OF A CERTIFIED COPY OF HIS OR HER ORIGINAL (LONG  FORM,
LINE  BY  LINE  VAULT  COPY) BIRTH CERTIFICATE AND ANY CHANGE HIS OR HER
BIRTH PARENT OR PARENTS MAY HAVE ATTACHED TO THAT CERTIFICATE, AND/OR  A
MEDICAL  HISTORY  FORM  IF  AVAILABLE, UPON APPLICATION, PRESENTATION OF
PROOF OF IDENTIFICATION AND THE PAYMENT OF A NOMINAL FEE.
  (B) WHEN IT SHALL BE IMPOSSIBLE THROUGH GOOD-FAITH EFFORTS TO  PROVIDE
A  COPY  OF  AN ADULT ADOPTED PERSON'S ORIGINAL BIRTH CERTIFICATE (AS IN
THE CASE OF AN ADOPTED PERSON BORN OUTSIDE OF, BUT ADOPTED  WITHIN,  THE
STATE),  THE  ADULT ADOPTED PERSON SHALL HAVE THE RIGHT TO SECURE FROM A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14534-01-8

S. 7631                             2

COURT OF COMPETENT JURISDICTION OR THE ADOPTION  AGENCY,  THE  TRUE  AND
CORRECT  IDENTIFYING  INFORMATION THAT WOULD HAVE APPEARED ON HIS OR HER
ORIGINAL BIRTH CERTIFICATE. IN SUCH CASE THE AGENCY SHALL BE HELD  HARM-
LESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
  §  2.  Subdivision  5  of  section  4138  of the public health law, as
amended by chapter 201 of the laws  of  1972,  is  amended  to  read  as
follows:
  5.  Thereafter,  when  a certified copy or certified transcript of the
certificate of birth of such a person, or a certification of  birth  for
such  person  is  issued,  it shall be based upon the new certificate of
birth, except when an order of a court of competent  jurisdiction  shall
require  the  issuance of a copy of the original certificate of birth OR
UPON A WRITTEN NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF  OR
HERSELF ONCE PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  §  3.  Paragraph  (b)  of  subdivision 3 of section 4138 of the public
health law, as added by chapter 201 of the laws of 1972, is  amended  to
read as follows:
  (b)  Thereafter,  when a verified transcript or certification of birth
of such  person is issued by the registrar, it shall be based  upon  the
new  certificate, except when an order of a court of competent jurisdic-
tion shall require the issuance of  a  verified  transcript  or  certif-
ication  based upon the original local record of birth OR UPON A WRITTEN
NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF  OR  HERSELF  ONCE
PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  §  4.  Subdivision  7  of  section  4138  of the public health law, as
amended by chapter 644 of the laws  of  1988,  is  amended  to  read  as
follows:
  7.  Whenever  the  commissioner  makes a new birth certificate for any
person pursuant to the provisions of subdivision one of this section, he
OR SHE shall forward to such person, if eighteen years of age  or  more,
[or  to the parents of such person,] a certified copy, a certified tran-
script [or] AND a certification of birth, [whichever he deems  appropri-
ate under the circumstances,] without making any charge therefor.
  §  5.  Section  4138 of the public health law is amended by adding two
new subdivisions 8 and 9 to read as follows:
  8. AN ADOPTED PERSON EIGHTEEN YEARS OF AGE  OR  OLDER,  OR  THE  BIRTH
PARENT  OR  PARENTS,  MAY  SUBMIT TO THE REGISTRAR A NOTICE OF CHANGE OF
NAME AND/OR ADDRESS AND  SUCH  INFORMATION  SHALL  BE  ATTACHED  TO  THE
ORIGINAL BIRTH CERTIFICATE OF THE ADOPTED PERSON.
  9.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED PERSON
ATTAINS THE AGE OF EIGHTEEN YEARS, HE OR SHE SHALL HAVE THE RIGHT,  UPON
APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE, TO A CERTI-
FIED  COPY  OF  HIS  OR HER ORIGINAL LONG FORM, LINE BY LINE, VAULT COPY
BIRTH CERTIFICATE AND/OR A MEDICAL HISTORY FORM, IF AVAILABLE.
  § 6.  Paragraph (b) of subdivision 3 of section 4138-d of  the  public
health law, as amended by chapter 181 of the laws of 2010, is amended to
read as follows:
  (b)  If  the  agency  determines  that the agency was involved in such
adoption, it shall transmit the registration to the adoption information
registry operated by the department and the  agency  shall  release  the
non-identifying  information,  as  defined  in section forty-one hundred
thirty-eight-c of this title, to the [adoptee registrant. The agency may
restrict the nature of the non-identifying information released pursuant
to this section upon a reasonable determination that disclosure of  such
non-identifying  information  would not be in the adoptee's, the biolog-
ical sibling's or parent's best interest] ADOPTED PERSON.

S. 7631                             3

  § 7. Section 4104 of the public health law, as amended by chapter  153
of the laws of 2011, is amended to read as follows:
  §  4104.  Vital  statistics; application of article. The provisions of
this article except for the provisions contained  in  paragraph  (i)  of
subdivision  two  and  subdivision  four  of  section  four thousand one
hundred, section four thousand one hundred  three,  subdivision  two  of
section four thousand one hundred thirty-five, section four thousand one
hundred  thirty-five-b,  subdivision  eight of section four thousand one
hundred seventy-four, paragraphs (b) and (e) of subdivision  one,  PARA-
GRAPH  (B) OF SUBDIVISION THREE, AND SUBDIVISIONS FIVE, SEVEN, EIGHT AND
NINE of section four  thousand  one  hundred  thirty-eight,  subdivision
eleven  of  section  four thousand one hundred thirty-eight-c, PARAGRAPH
(B) OF SUBDIVISION THREE OF SECTION FOUR THOUSAND  ONE  HUNDRED  THIRTY-
EIGHT-D,  SECTION  FOUR  THOUSAND ONE HUNDRED THIRTY-EIGHT-E and section
four thousand one hundred seventy-nine of this article, shall not  apply
to the city of New York.
  §  8.  Subdivision  1 of section 114 of the domestic relations law, as
amended by chapter 751 of the laws of 1989 and designated by chapter 601
of the laws of 1994, is amended to read as follows:
  1. If satisfied that the best interests of the adoptive child will  be
promoted  thereby,  the judge or surrogate shall make an order approving
the adoption and directing that the adoptive child shall thenceforth  be
regarded  and  treated  in  all  respects  as  the child of the adoptive
parents or parent. In determining whether  the  best  interests  of  the
adoptive  child will be promoted by the adoption, the judge or surrogate
shall give due consideration to any assurance by a LOCAL commissioner of
social services that he OR SHE will provide necessary support and  main-
tenance for the adoptive child pursuant to the social services law. Such
order shall contain the full name, date and place of birth and reference
to  the  schedule annexed to the petition containing the medical history
of the child in the body thereof  and  shall  direct  that  the  child's
medical  history,  heritage  of  the  BIRTH parents, which shall include
nationality, ethnic background and race; education, which shall  be  the
number  of years of school completed by the BIRTH parents at the time of
the birth AND ALSO AT THE TIME  OF  SURRENDER  of  the  adoptive  child;
general  physical  appearance  of  the  BIRTH parents at the time of the
birth AND ALSO AT THE TIME OF SURRENDER of  the  adoptive  child,  which
shall  include  height, weight, color of hair, eyes, skin; occupation of
the BIRTH parents at the time of the birth  AND  ALSO  AT  THE  TIME  OF
SURRENDER of the adoptive child; health and medical history of the BIRTH
parents  at  the  time of the birth AND ALSO AT THE TIME OF SURRENDER of
the adoptive child, including all available  information  setting  forth
conditions  or  diseases believed to be hereditary, any drugs or medica-
tion taken during the pregnancy by the child's  mother;  and  any  other
information  which  may  be  a factor influencing the child's present or
future health, INCLUDING THE talents, hobbies and special  interests  of
THE  BIRTH  parents  as  contained  in the petition, be furnished to the
adoptive parents.  IN RECOGNITION OF THE IMPERATIVE LIFELONG  IMPORTANCE
OF SUCH INFORMATION FOR THE HEALTH AND WELL-BEING OF THE ADOPTED PERSON,
IT SHALL BE THE DUTY OF THE LAW GUARDIAN AS PROVIDED FOR BY SECTIONS TWO
HUNDRED FORTY-ONE, TWO HUNDRED FORTY-TWO, TWO HUNDRED FORTY-NINE AND TWO
HUNDRED FORTY-NINE-A OF THE FAMILY COURT ACT TO ENSURE THE COMPREHENSIVE
COMPLETION  AND  FILING OF ALL THE ABOVE REFERENCED INFORMATION PRIOR TO
THE ACCEPTANCE OF THE TERMINATION OF PARENTAL RIGHTS OR THE ENTRY  OF  A
CERTIFICATE OF ADOPTION. IT SHALL BE DEEMED BY THAT LEGAL REPRESENTATIVE
THAT SUCH INFORMATION IS ALWAYS IN THE BEST INTEREST OF THE CHILD AND IS

S. 7631                             4

A  PROTECTED  RIGHT.  PRIOR  TO TERMINATION OF DUTIES, SUCH LAW GUARDIAN
SHALL PROVIDE, AS DIRECTED BY SECTION FORTY-ONE  HUNDRED  THIRTY-EIGHT-C
OF  THE  PUBLIC  HEALTH LAW AND SECTIONS THREE HUNDRED SEVENTY-THREE AND
THREE HUNDRED SEVENTY-THREE-A OF THE SOCIAL SERVICES LAW, TO THE RESPEC-
TIVE RESPONSIBLE PARTIES ALL SUCH COLLECTED DATA, AND PROVIDE AN AFFIDA-
VIT  TO  THE COURT REPORTING ALL DILIGENT EFFORTS TO OBTAIN SUCH DATA. A
COPY OF SUCH AFFIDAVIT SHALL BE APPENDED TO THE ORIGINAL AND ANY AND ALL
AMENDED BIRTH CERTIFICATES. If the judge or surrogate is also  satisfied
that  there  is  no reasonable objection to the change of name proposed,
the order shall direct that the name of the adoptive child be changed to
the name stated in the agreement of adoption and that henceforth  he  OR
SHE  shall be known by that name. All such orders made by a family court
judge of Westchester county  since  September  first,  nineteen  hundred
sixty-two,  and on file in the office of the county clerk of such county
shall be transferred to the clerk of the family court  of  such  county.
Such  order  and  all the papers in the proceeding shall be filed in the
office of the court granting the adoption and the order shall be entered
in books which shall be kept under seal and which shall  be  indexed  by
the  name  of  the adoptive parents and by the full original name of the
child. Such order, including orders heretofore entered, shall be subject
to inspection and examination only  as  hereinafter  provided.  Notwith-
standing the fact that adoption records shall be sealed and secret, they
may  be  microfilmed  and  processed  pursuant to an order of the court,
provided that such order  provides  that  the  confidentiality  of  such
records be maintained. If the confidentiality is violated, the person or
company  violating it can be found guilty of contempt of court. The fact
that the adoptive child was born out of wedlock shall in no case  appear
in such order. The written report of the investigation together with all
other  papers  pertaining  to the adoption shall be kept by the judge or
surrogate as a permanent record of his OR HER court and such papers must
be sealed by him OR HER and withheld from inspection. No certified  copy
of  the  order of adoption shall issue unless authorized by court order,
except that certified copies may issue to the agency or agencies in  the
proceeding  prior  to  the  sealing  of the papers. Before the record is
sealed, such order may be granted upon written ex parte  application  on
good cause shown and upon such conditions as the court may impose. After
the  record  is  sealed,  such  order may be granted only upon notice as
hereinafter provided for disclosure or access and inspection of records.
The clerk upon request of a person  or  agency  entitled  thereto  shall
issue  certificates of adoption which shall contain only the new name of
the child and the date and place of birth of the child, the name of  the
adoptive  parents  and  the  date  when and court where the adoption was
granted, which certificate as to the facts recited  therein  shall  have
the same force and effect as a certified copy of an order of adoption.
  §  9. Section 114 of the domestic relations law is amended by adding a
new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED  PERSON
ATTAINS  THE  AGE  OF EIGHTEEN YEARS, SUCH ADOPTED PERSON SHALL HAVE THE
RIGHT, UPON APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE,
TO A CERTIFIED COPY OF HIS OR HER ORIGINAL  LONG  FORM,  LINE  BY  LINE,
VAULT COPY BIRTH CERTIFICATE AND/OR MEDICAL HISTORY FORM, IF AVAILABLE.
  §  10. This act shall take effect January 15, 2019, provided, however,
that, effective immediately, the commissioner of health is  directed  to
promulgate  such  rules and regulations as may be necessary to carry out
the provisions of this act.

S7631A - Details

See Assembly Version of this Bill:: A9959
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L
Versions Introduced in 2019-2020 Legislative Session:: S2222

S7631A - Summary

S7631A - Sponsor Memo

 
BILL NUMBER: S7631A

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the public health law and the domestic relations law, in
relation to authorizing adoptees to obtain a certified copy of their
birth certificate

 
PURPOSE OR GENERAL IDEA OF BILL:

Establishes the right of adoptees to receive a certified copy of their
birth certificate upon reaching the age of 18

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Section 4198-e has been amended to authorize the commissioner to issue
certified copies of original long form birth certificates upon specific
request therefor by an adoptee, if eighteen years of age or more, or if
the adoptee is deceased, by the adoptee's direct line descendants, or by
authorized representatives of a local social services district if an

adoptee is in their care.

Subdivision c of Section 4198-e adds language defining 'commissioner'
and 'department' in reference to local jurisdictions.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the public health law by adding a new
section, § 4138-e, to acknowledge that the denial of access to accurate
and complete medical and self-identifying data of any adopted person is
a violation of that person's human rights and is contrary to the tenets
of governance. 2 (a) states that an adopted person eighteen years of age
can obtain a certified copy of his or her original birth certificate
upon application, presentation of proof of identification and the
payment of a nominal fee.

Sections 2, 3 and 4 amend § 4138 of the public health law to state that
a certified copy of the certificate of birth of such a person shall be
issued upon notarized request by an adult adopted person.

Section 5 amends § 4138 of the public health law to state that an
adopted person eighteen years of age or older may submit to the regist-
rar a notice of change of name and/or address and that such information
shall be attached to the original birth certificate of the adopted
person.

Section 6 amends § 4139-d of the public health law and removes the
provision that allows an adoption agency to restrict access to non-iden-
tifying information that is not in the best interest of the adoptee, the
biological sibling or the birth parent(s).

Section 7 amends § 4104 of the public health law to include additional
provisions under vital statistics that would be applicable to the city
of New York.

Section 8 amends § 114 of the domestic relations law to require certain
information be contained in the medical history, of the child at the
time the child is surrendered by his or her birth parent(s).  The law
guardian will have the responsibility to ensure the comprehensive
completion and filing of the information prior to the acceptance of the
termination of parental rights or the entry of a certificate of
adoption. The law guardian will provide an affidavit to the court
reporting all diligent efforts to obtain the medical history information
and a copy of the affidavit will be appended to the original and amended
birth certificates.

Section 9 amends § 114 of the domestic relations law to allow an adult
adoptee to request and receive a certified copy of his or her original
birth certificate and/or a medical history form, if available, upon
proper identification and payment of a nominal fee.

Section 10 is the effective date.

 
JUSTIFICATION:

In New York, an adoptee cannot access his or her original birth certif-
icate 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 certified 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 will gain access to medical information that may be neces-
sary for preventive health care and illnesses that are linked to family
history and genetics. This bill gives an adoptee a clear path to obtain
necessary documents and recognizes that the denial of access to accurate
and compete medical and self-identifying data of any adopted person is.a
violation of that person's human rights.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on January 15, 2019, provided, however, that,
effective immediately, the commissioner of health is directed to promul-
gate such rules and regulations as may be necessary to carry out the
provisions of this act.

S7631A - Bill Text download pdf


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

                                 7631--A

                            I N  S E N A T E

                            February 1, 2018
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law and the domestic relations law, in
  relation  to  authorizing adoptees to obtain a certified copy of their
  birth certificate

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
4138-e to read as follows:
  § 4138-E. ADOPTEE'S RIGHT TO A CERTIFIED COPY  OF  HIS  OR  HER  BIRTH
CERTIFICATE.  1. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWL-
EDGE, SUPPORT AND ENCOURAGE THE LIFE-LONG HEALTH AND WELL-BEING NEEDS OF
PERSONS WHO HAVE BEEN AND WILL BE ADOPTED IN THIS STATE. THE LEGISLATURE
FURTHER  RECOGNIZES  THAT  THE DENIAL OF ACCESS TO ACCURATE AND COMPLETE
MEDICAL AND SELF-IDENTIFYING DATA  OF  ANY  ADOPTED  PERSON,  KNOWN  AND
WILFULLY  WITHHELD  BY  OTHERS,  MAY RESULT IN SUCH PERSON SUCCUMBING TO
PREVENTABLE DISEASE, PREMATURE DEATH OR OTHERWISE UNHEALTHY LIFE,  IS  A
VIOLATION OF THAT PERSON'S HUMAN RIGHTS AND IS CONTRARY TO THE TENETS OF
GOVERNANCE.  AS  SUCH,  THE PROVISIONS OF THIS SECTION SEEK TO ESTABLISH
CONSIDERATIONS UNDER THE LAW FOR ADOPTED PERSONS EQUAL TO SUCH CONSIDER-
ATIONS PERMITTED BY LAW TO ALL NON-ADOPTED PERSONS; THIS SECTION DOES SO
WHILE PROVIDING FOR THE PRIVACY OF AN ADOPTED  PERSON  AND  HIS  OR  HER
BIRTH.
  2.  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER,
OR ANY PERSON AUTHORIZED BY HIM OR HER, SHALL ISSUE CERTIFIED COPIES  OF
ORIGINAL LONG FORM BIRTH CERTIFICATES UPON SPECIFIC REQUEST THEREFOR (I)
BY  AN ADOPTEE, IF EIGHTEEN YEARS OF AGE OR MORE, OR (II) IF THE ADOPTEE
IS DECEASED, BY THE ADOPTEE'S  DIRECT  LINE  DESCENDANTS,  OR  (III)  BY
LAWFUL  REPRESENTATIVES  OF  SUCH  ADOPTEE, OR LAWFUL REPRESENTATIVES OF
SUCH DECEASED ADOPTEE'S DIRECT LINE DESCENDENTS, AS THE CASE MAY BE,  OR
(IV)  AUTHORIZED  REPRESENTATIVES OF A LOCAL SOCIAL SERVICES DISTRICT IF

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

                                                           LBD14534-04-8

S. 7631--A                          2

THE ADOPTEE IS IN THE CARE AND CUSTODY OR CUSTODY  AND  GUARDIANSHIP  OF
SUCH DISTRICT.
  (B)  WHEN IT SHALL BE IMPOSSIBLE THROUGH GOOD-FAITH EFFORTS TO PROVIDE
A COPY OF AN ADULT ADOPTED PERSON'S ORIGINAL BIRTH  CERTIFICATE  (AS  IN
THE  CASE  OF AN ADOPTED PERSON BORN OUTSIDE OF, BUT ADOPTED WITHIN, THE
STATE), THE ADULT ADOPTED PERSON SHALL HAVE THE RIGHT TO SECURE  FROM  A
COURT  OF  COMPETENT  JURISDICTION  OR THE ADOPTION AGENCY, THE TRUE AND
CORRECT IDENTIFYING INFORMATION THAT WOULD HAVE APPEARED ON HIS  OR  HER
ORIGINAL  BIRTH CERTIFICATE. IN SUCH CASE THE AGENCY SHALL BE HELD HARM-
LESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
  (C) FOR PURPOSES OF THIS SUBDIVISION:
  (I) THE TERM "COMMISSIONER" SHALL INCLUDE THE COMMISSIONER  OF  HEALTH
AND  MENTAL  HYGIENE  OF  THE  CITY OF NEW YORK AND FOR RECORDS OF BIRTH
PRIOR TO JANUARY FIRST, NINETEEN HUNDRED FOURTEEN, THE LOCAL  REGISTRARS
OF THE CITIES OF ALBANY, BUFFALO AND YONKERS; AND
  (II)  THE TERM "DEPARTMENT" SHALL INCLUDE THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE OF THE CITY OF NEW YORK AND, FOR RECORDS OF  BIRTH  PRIOR
TO JANUARY FIRST, NINETEEN HUNDRED FOURTEEN, THE OFFICE OF VITAL STATIS-
TICS  OF  THE CITY OF ALBANY, THE OFFICE OF VITAL RECORDS OF THE CITY OF
BUFFALO AND THE OFFICE OF CLERK OF THE CITY OF YONKERS.
  § 2. Subdivision 5 of section  4138  of  the  public  health  law,  as
amended  by  chapter  201  of  the  laws  of 1972, is amended to read as
follows:
  5. Thereafter, when a certified copy or certified  transcript  of  the
certificate  of  birth of such a person, or a certification of birth for
such person is issued, it shall be based upon  the  new  certificate  of
birth,  except  when an order of a court of competent jurisdiction shall
require the issuance of a copy of the original certificate of  birth  OR
UPON  A WRITTEN NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF OR
HERSELF ONCE PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  § 3. Paragraph (b) of subdivision 3 of  section  4138  of  the  public
health  law,  as added by chapter 201 of the laws of 1972, is amended to
read as follows:
  (b) Thereafter, when a verified transcript or certification  of  birth
of  such   person is issued by the registrar, it shall be based upon the
new certificate, except when an order of a court of competent  jurisdic-
tion  shall  require  the  issuance  of a verified transcript or certif-
ication based upon the original local record of birth OR UPON A  WRITTEN
NOTARIZED  REQUEST  BY  THE ADULT ADOPTED PERSON HIMSELF OR HERSELF ONCE
PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  § 4. Subdivision 7 of section  4138  of  the  public  health  law,  as
amended  by  chapter  644  of  the  laws  of 1988, is amended to read as
follows:
  7. Whenever the commissioner makes a new  birth  certificate  for  any
person pursuant to the provisions of subdivision one of this section, he
OR  SHE  shall forward to such person, if eighteen years of age or more,
[or to the parents of such person,] a certified copy, a certified  tran-
script  [or] AND a certification of birth, [whichever he deems appropri-
ate under the circumstances,] without making any charge therefor.
  § 5. Section 4138 of the public health law is amended  by  adding  two
new subdivisions 8 and 9 to read as follows:
  8.  AN  ADOPTED  PERSON  EIGHTEEN  YEARS OF AGE OR OLDER, OR THE BIRTH
PARENT OR PARENTS, MAY SUBMIT TO THE REGISTRAR A  NOTICE  OF  CHANGE  OF
NAME  AND/OR  ADDRESS  AND  SUCH  INFORMATION  SHALL  BE ATTACHED TO THE
ORIGINAL BIRTH CERTIFICATE OF THE ADOPTED PERSON.

S. 7631--A                          3

  9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED  PERSON
ATTAINS  THE AGE OF EIGHTEEN YEARS, HE OR SHE SHALL HAVE THE RIGHT, UPON
APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE, TO A CERTI-
FIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE  BY  LINE,  VAULT  COPY
BIRTH CERTIFICATE AND/OR A MEDICAL HISTORY FORM, IF AVAILABLE.
  §  6.   Paragraph (b) of subdivision 3 of section 4138-d of the public
health law, as amended by chapter 181 of the laws of 2010, is amended to
read as follows:
  (b) If the agency determines that the  agency  was  involved  in  such
adoption, it shall transmit the registration to the adoption information
registry  operated  by  the  department and the agency shall release the
non-identifying information, as defined  in  section  forty-one  hundred
thirty-eight-c of this title, to the [adoptee registrant. The agency may
restrict the nature of the non-identifying information released pursuant
to  this section upon a reasonable determination that disclosure of such
non-identifying information would not be in the adoptee's,  the  biolog-
ical sibling's or parent's best interest] ADOPTED PERSON.
  §  7. Section 4104 of the public health law, as amended by chapter 153
of the laws of 2011, is amended to read as follows:
  § 4104. Vital statistics; application of article.  The  provisions  of
this  article  except  for  the provisions contained in paragraph (i) of
subdivision two and  subdivision  four  of  section  four  thousand  one
hundred,  section  four  thousand  one hundred three, subdivision two of
section four thousand one hundred thirty-five, section four thousand one
hundred thirty-five-b, subdivision eight of section  four  thousand  one
hundred  seventy-four,  paragraphs (b) and (e) of subdivision one, PARA-
GRAPH (B) OF SUBDIVISION THREE, AND SUBDIVISIONS FIVE, SEVEN, EIGHT  AND
NINE  of  section  four  thousand  one hundred thirty-eight, subdivision
eleven of section four thousand one  hundred  thirty-eight-c,  PARAGRAPH
(B)  OF  SUBDIVISION  THREE OF SECTION FOUR THOUSAND ONE HUNDRED THIRTY-
EIGHT-D, SECTION FOUR THOUSAND ONE HUNDRED  THIRTY-EIGHT-E  and  section
four  thousand one hundred seventy-nine of this article, shall not apply
to the city of New York.
  § 8. Subdivision 1 of section 114 of the domestic  relations  law,  as
amended by chapter 751 of the laws of 1989 and designated by chapter 601
of the laws of 1994, is amended to read as follows:
  1.  If satisfied that the best interests of the adoptive child will be
promoted thereby, the judge or surrogate shall make an  order  approving
the  adoption and directing that the adoptive child shall thenceforth be
regarded and treated in all  respects  as  the  child  of  the  adoptive
parents  or  parent.  In  determining  whether the best interests of the
adoptive child will be promoted by the adoption, the judge or  surrogate
shall give due consideration to any assurance by a LOCAL commissioner of
social  services that he OR SHE will provide necessary support and main-
tenance for the adoptive child pursuant to the social services law. Such
order shall contain the full name, date and place of birth and reference
to the schedule annexed to the petition containing the  medical  history
of  the  child  in  the  body  thereof and shall direct that the child's
medical history, heritage of the  BIRTH  parents,  which  shall  include
nationality,  ethnic  background and race; education, which shall be the
number of years of school completed by the BIRTH parents at the time  of
the  birth  AND  ALSO  AT  THE  TIME OF SURRENDER of the adoptive child;
general physical appearance of the BIRTH parents  at  the  time  of  the
birth  AND  ALSO  AT  THE TIME OF SURRENDER of the adoptive child, which
shall include height, weight, color of hair, eyes, skin;  occupation  of
the  BIRTH  parents  at  the  time  of the birth AND ALSO AT THE TIME OF

S. 7631--A                          4

SURRENDER of the adoptive child; health and medical history of the BIRTH
parents at the time of the birth AND ALSO AT THE TIME  OF  SURRENDER  of
the  adoptive  child,  including all available information setting forth
conditions  or  diseases believed to be hereditary, any drugs or medica-
tion taken during the pregnancy by the child's  mother;  and  any  other
information  which  may  be  a factor influencing the child's present or
future health, INCLUDING THE talents, hobbies and special  interests  of
THE  BIRTH  parents  as  contained  in the petition, be furnished to the
adoptive parents.  IN RECOGNITION OF THE IMPERATIVE LIFELONG  IMPORTANCE
OF SUCH INFORMATION FOR THE HEALTH AND WELL-BEING OF THE ADOPTED PERSON,
IT SHALL BE THE DUTY OF THE LAW GUARDIAN AS PROVIDED FOR BY SECTIONS TWO
HUNDRED FORTY-ONE, TWO HUNDRED FORTY-TWO, TWO HUNDRED FORTY-NINE AND TWO
HUNDRED FORTY-NINE-A OF THE FAMILY COURT ACT TO ENSURE THE COMPREHENSIVE
COMPLETION  AND  FILING OF ALL THE ABOVE REFERENCED INFORMATION PRIOR TO
THE ACCEPTANCE OF THE TERMINATION OF PARENTAL RIGHTS OR THE ENTRY  OF  A
CERTIFICATE OF ADOPTION. IT SHALL BE DEEMED BY THAT LEGAL REPRESENTATIVE
THAT SUCH INFORMATION IS ALWAYS IN THE BEST INTEREST OF THE CHILD AND IS
A  PROTECTED  RIGHT.  PRIOR  TO TERMINATION OF DUTIES, SUCH LAW GUARDIAN
SHALL PROVIDE, AS DIRECTED BY SECTION FORTY-ONE  HUNDRED  THIRTY-EIGHT-C
OF  THE  PUBLIC  HEALTH LAW AND SECTIONS THREE HUNDRED SEVENTY-THREE AND
THREE HUNDRED SEVENTY-THREE-A OF THE SOCIAL SERVICES LAW, TO THE RESPEC-
TIVE RESPONSIBLE PARTIES ALL SUCH COLLECTED DATA, AND PROVIDE AN AFFIDA-
VIT TO THE COURT REPORTING ALL DILIGENT EFFORTS TO OBTAIN SUCH  DATA.  A
COPY OF SUCH AFFIDAVIT SHALL BE APPENDED TO THE ORIGINAL AND ANY AND ALL
AMENDED  BIRTH CERTIFICATES. If the judge or surrogate is also satisfied
that there is no reasonable objection to the change  of  name  proposed,
the order shall direct that the name of the adoptive child be changed to
the  name  stated in the agreement of adoption and that henceforth he OR
SHE shall be known by that name. All such orders made by a family  court
judge  of  Westchester  county  since  September first, nineteen hundred
sixty-two, and on file in the office of the county clerk of such  county
shall  be  transferred  to the clerk of the family court of such county.
Such order and all the papers in the proceeding shall be  filed  in  the
office of the court granting the adoption and the order shall be entered
in  books  which  shall be kept under seal and which shall be indexed by
the name of the adoptive parents and by the full original  name  of  the
child. Such order, including orders heretofore entered, shall be subject
to  inspection  and  examination  only as hereinafter provided. Notwith-
standing the fact that adoption records shall be sealed and secret, they
may be microfilmed and processed pursuant to  an  order  of  the  court,
provided  that  such  order  provides  that  the confidentiality of such
records be maintained. If the confidentiality is violated, the person or
company violating it can be found guilty of contempt of court. The  fact
that  the adoptive child was born out of wedlock shall in no case appear
in such order. The written report of the investigation together with all
other papers pertaining to the adoption shall be kept by  the  judge  or
surrogate as a permanent record of his OR HER court and such papers must
be  sealed by him OR HER and withheld from inspection. No certified copy
of the order of adoption shall issue unless authorized by  court  order,
except  that certified copies may issue to the agency or agencies in the
proceeding prior to the sealing of the  papers.  Before  the  record  is
sealed,  such  order may be granted upon written ex parte application on
good cause shown and upon such conditions as the court may impose. After
the record is sealed, such order may be  granted  only  upon  notice  as
hereinafter provided for disclosure or access and inspection of records.
The  clerk  upon  request  of  a person or agency entitled thereto shall

S. 7631--A                          5

issue certificates of adoption which shall contain only the new name  of
the  child and the date and place of birth of the child, the name of the
adoptive parents and the date when and  court  where  the  adoption  was
granted,  which  certificate  as to the facts recited therein shall have
the same force and effect as a certified copy of an order of adoption.
  § 9. Section 114 of the domestic relations law is amended by adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED PERSON
ATTAINS THE AGE OF EIGHTEEN YEARS, SUCH ADOPTED PERSON  SHALL  HAVE  THE
RIGHT, UPON APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE,
TO  A  CERTIFIED  COPY  OF  HIS OR HER ORIGINAL LONG FORM, LINE BY LINE,
VAULT COPY BIRTH CERTIFICATE AND/OR MEDICAL HISTORY FORM, IF AVAILABLE.
  § 10. This act shall take effect January 15, 2019, provided,  however,
that,  effective  immediately, the commissioner of health is directed to
promulgate such rules and regulations as may be necessary to  carry  out
the provisions of this act.

S7631B (ACTIVE) - Details

See Assembly Version of this Bill:: A9959
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L
Versions Introduced in 2019-2020 Legislative Session:: S2222

S7631B (ACTIVE) - Summary

S7631B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7631B

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the public health law and the domestic relations law, in
relation to authorizing adoptees to obtain a certified copy of their
birth certificate

 
PURPOSE OR GENERAL IDEA OF BILL:

Establishes the right of adoptees to receive a certified copy of their
birth certificate upon reaching the age of 18

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the public health law by adding a new
section, § 4138-e, to acknowledge that the denial of access to accurate
and complete medical and self-identifying data of any adopted person is
a violation of that person's human rights and is contrary to the tenets
of governance. 2 (a) states that an adopted person eighteen years of

age, or if the adopted person is deceased, the adopted person's direct
line descendants, or the lawful representatives of such deceased
person's direct line descendants, can obtain a certified copy of his or
her original birth certificate upon application, presentation of proof
of identification and the payment of a nominal fee.

Section 2 amends subdivision 4 of § 4138 of the public health law to
authorize the commissioner to make microfilm or other suitable copies of
an original certificate of birth in accordance with newly added section
4198-e.

Section 3 and 4 amend subdivisions 3 and 5 of § 4138 of the public
health law to state that a certified copy of the certificate of birth of
such a person shall be issued upon request by an adult adopted person
once proper proof of identity is provided.

Section 5 amends subdivision 7 of § 4138 of the public health law to
authorize the commissioner to forward a new birth certificate for an
adult adopted person to that adopted person eighteen years of age, or if
the adopted person is deceased, the adopted person's direct line
descendants, or the lawful representatives of such deceased person's
direct line descendants.

Section 6 adds a new subdivision 8 to § 4138 of the public health law to
authorize adopted persons eighteen years of age or older, or the birth
parent (s), to submit a change of name and/or address to be attached to
the original birth' certificate of the adopted person.

Section 7 amends § 4138-d of the public health law and removes the
provision that allows an adoption agency to restrict access to non-iden-
tifying information that is not in the best interest of the adoptee, the
biological sibling or the birth parent(s).

Section 9 amends § 4104 of the public health law to include additional
Amended Memo provisions under vital statistics that would be applicable
to the city of New York.

Section 10 is the effective date.
 
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 adopted person cannot access his or her original birth
certificate unless the adopted person goes through judicial means, and
even then, the outcome does not guarantee that access will be granted.
This bill will allow adult adoptees or if the adopted person is
deceased, the adopted person's direct line descendants, or the lawful
representatives of such deceased person's direct line descendants, can
obtain a certified copy of his or her original birth certificate upon
application, presentation of proof of identification and the payment of
a nominal fee. Adoptees will be able to gain knowledge of their reli-
gious 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.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: A.5036-B/S.4845-B - vetoed by governor
2015-2016: A.2901-A/S.5964 - Passed Assembly
2013-2014: A909/S2490 - died in codes
2012: A.8910/S.7286
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 FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on January 15, 2019, 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.

S7631B (ACTIVE) - Bill Text download pdf


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

                                 7631--B

                            I N  S E N A T E

                            February 1, 2018
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  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 public health law and the domestic relations law, in
  relation to authorizing adoptees to obtain a certified copy  of  their
  birth certificate

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
4138-e to read as follows:
  §  4138-E.  ADOPTEE'S  RIGHT  TO  A CERTIFIED COPY OF HIS OR HER BIRTH
CERTIFICATE.  1. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWL-
EDGE, SUPPORT AND ENCOURAGE THE LIFE-LONG HEALTH AND WELL-BEING NEEDS OF
PERSONS WHO HAVE BEEN AND WILL BE ADOPTED IN THIS STATE. THE LEGISLATURE
FURTHER RECOGNIZES THAT THE DENIAL OF ACCESS TO  ACCURATE  AND  COMPLETE
MEDICAL  AND  SELF-IDENTIFYING  DATA  OF  ANY  ADOPTED PERSON, KNOWN AND
WILFULLY WITHHELD BY OTHERS, MAY RESULT IN  SUCH  PERSON  SUCCUMBING  TO
PREVENTABLE  DISEASE,  PREMATURE DEATH OR OTHERWISE UNHEALTHY LIFE, IS A
VIOLATION OF THAT PERSON'S HUMAN RIGHTS AND IS CONTRARY TO THE TENETS OF
GOVERNANCE. AS SUCH, THE PROVISIONS OF THIS SECTION  SEEK  TO  ESTABLISH
CONSIDERATIONS UNDER THE LAW FOR ADOPTED PERSONS EQUAL TO SUCH CONSIDER-
ATIONS PERMITTED BY LAW TO ALL NON-ADOPTED PERSONS; THIS SECTION DOES SO
WHILE  PROVIDING  FOR  THE  PRIVACY  OF AN ADOPTED PERSON AND HIS OR HER
BIRTH.
  2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER OR
A LOCAL REGISTRAR OR ANY PERSON AUTHORIZED  BY  THE  COMMISSIONER  OR  A
LOCAL  REGISTRAR,  UPON  APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A
NOMINAL FEE, SHALL ISSUE CERTIFIED COPIES OF ORIGINAL LONG FORM LINE  BY
LINE,  VAULT  COPY  BIRTH  CERTIFICATES  AND ANY CHANGE ATTACHED TO THAT
CERTIFICATE BY A BIRTH PARENT OR PARENTS,  AND,  IF  AVAILABLE,  MEDICAL
HISTORY  FORMS  UPON SPECIFIC REQUEST THEREFOR (I) BY AN ADOPTED PERSON,
IF EIGHTEEN YEARS OF AGE OR MORE, OR  (II)  IF  THE  ADOPTED  PERSON  IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14534-08-8

S. 7631--B                          2

DECEASED,  THE  ADOPTED  PERSON'S  DIRECT LINE DESCENDANTS, OR (III) THE
LAWFUL REPRESENTATIVES OF SUCH ADOPTED PERSON, OR LAWFUL REPRESENTATIVES
OF SUCH DECEASED ADOPTED PERSON'S DIRECT LINE DESCENDANTS, AS  THE  CASE
MAY BE.
  (B)  WHEN IT SHALL BE IMPOSSIBLE THROUGH GOOD-FAITH EFFORTS TO PROVIDE
A COPY OF AN ADULT ADOPTED PERSON'S ORIGINAL BIRTH  CERTIFICATE  (AS  IN
THE  CASE  OF AN ADOPTED PERSON BORN OUTSIDE OF, BUT ADOPTED WITHIN, THE
STATE), THE TRUE AND CORRECT IDENTIFYING  INFORMATION  THAT  WOULD  HAVE
APPEARED ON SUCH ORIGINAL BIRTH CERTIFICATE SHALL BE PROVIDED BY A COURT
OF  COMPETENT JURISDICTION OR THE ADOPTION AGENCY, UPON SPECIFIC REQUEST
THEREFOR, TO:  (I) THE ADULT ADOPTED PERSON, IF EIGHTEEN YEARS OF AGE OR
MORE, OR (II) IF THE ADOPTED PERSON IS DECEASED,  THE  ADOPTED  PERSON'S
DIRECT LINE DESCENDANTS, OR (III) LAWFUL REPRESENTATIVES OF SUCH ADOPTED
PERSON,  OR  LAWFUL  REPRESENTATIVES  OF  SUCH DECEASED ADOPTED PERSON'S
DIRECT LINE DESCENDANTS, AS THE CASE MAY BE. IN  SUCH  CASE  THE  AGENCY
SHALL BE HELD HARMLESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
  (C) FOR PURPOSES OF THIS SUBDIVISION:
  (I)  THE  TERM "COMMISSIONER" SHALL INCLUDE THE COMMISSIONER OF HEALTH
AND MENTAL HYGIENE OF THE CITY OF NEW YORK  AND  FOR  RECORDS  OF  BIRTH
PRIOR  TO JANUARY FIRST, NINETEEN HUNDRED FOURTEEN, THE LOCAL REGISTRARS
OF THE CITIES OF ALBANY, BUFFALO AND YONKERS; AND
  (II) THE TERM "DEPARTMENT" SHALL INCLUDE THE DEPARTMENT OF HEALTH  AND
MENTAL  HYGIENE  OF THE CITY OF NEW YORK AND, FOR RECORDS OF BIRTH PRIOR
TO JANUARY FIRST, NINETEEN HUNDRED FOURTEEN, THE OFFICE OF VITAL STATIS-
TICS OF THE CITY OF ALBANY, THE OFFICE OF VITAL RECORDS OF THE  CITY  OF
BUFFALO AND THE OFFICE OF CLERK OF THE CITY OF YONKERS.
  §  2.    Subdivision  4  of  section 4138 of the public health law, as
amended by chapter 559 of the laws  of  1992,  is  amended  to  read  as
follows:
  4. The commissioner may make a microfilm or other suitable copy of the
original  certificate  of  birth  and  all  papers pertaining to the new
certificate of birth. In such event, the original certificate and papers
may be destroyed. All undestroyed certificates  and  papers  and  copies
thereof  shall  be  confidential  and  the contents thereof shall not be
released or otherwise divulged except by order of a court  of  competent
jurisdiction  or  pursuant  to  section forty-one hundred thirty-eight-c
[or], forty-one hundred  thirty-eight-d  OR  FORTY-ONE  HUNDRED  THIRTY-
EIGHT-E of this [article] TITLE.
  §  3.  Subdivision  5  of  section  4138  of the public health law, as
amended by chapter 201 of the laws  of  1972,  is  amended  to  read  as
follows:
  5.  Thereafter,  when  a certified copy or certified transcript of the
certificate of birth of such a person, or a certification of  birth  for
such  person  is  issued,  it shall be based upon the new certificate of
birth, except when an order of a court of competent  jurisdiction  shall
require  the  issuance of a copy of the original certificate of birth OR
UPON APPLICATION BY AN ADOPTED PERSON EIGHTEEN YEARS OF AGE OR MORE ONCE
PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  § 4. Paragraph (b) of subdivision 3 of  section  4138  of  the  public
health  law,  as added by chapter 201 of the laws of 1972, is amended to
read as follows:
  (b) Thereafter, when a verified transcript or certification  of  birth
of  such   person is issued by the registrar, it shall be based upon the
new certificate, except when an order of a court of competent  jurisdic-
tion  shall  require  the  issuance  of a verified transcript or certif-
ication based upon the original local record of birth OR  UPON  APPLICA-

S. 7631--B                          3

TION  BY  AN  ADOPTED  PERSON  EIGHTEEN YEARS OF AGE OR MORE ONCE PROPER
PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
  §  5.  Subdivision  7  of  section  4138  of the public health law, as
amended by chapter 644 of the laws  of  1988,  is  amended  to  read  as
follows:
  7.  Whenever  the  commissioner  makes a new birth certificate for any
person pursuant to the provisions of subdivision one of this section, he
OR SHE shall forward to (I) such person, if eighteen  years  of  age  or
more,  [or  to  the  parents  of such person,] OR (II) IF THE ADOPTEE IS
DECEASED, THE ADOPTEE'S DIRECT LINE DESCENDANTS, OR (III) LAWFUL  REPRE-
SENTATIVES  OF  SUCH ADOPTEE, OR LAWFUL REPRESENTATIVES OF SUCH DECEASED
ADOPTEE'S DIRECT LINE DESCENDANTS, AS THE CASE MAY BE, a certified copy,
a certified transcript [or] AND a certification of birth, [whichever  he
deems  appropriate  under  the circumstances,] without making any charge
therefor.
  § 6. Section 4138 of the public health law is amended by adding a  new
subdivision 8 to read as follows:
  8.  AN  ADOPTED  PERSON  EIGHTEEN  YEARS OF AGE OR OLDER, OR THE BIRTH
PARENT OR PARENTS, MAY SUBMIT TO THE REGISTRAR A  NOTICE  OF  CHANGE  OF
NAME  AND/OR  ADDRESS  AND  SUCH  INFORMATION  SHALL  BE ATTACHED TO THE
ORIGINAL BIRTH CERTIFICATE OF THE ADOPTED PERSON.
  § 7.  Paragraph (b) of subdivision 3 of section 4138-d of  the  public
health law, as amended by chapter 181 of the laws of 2010, is amended to
read as follows:
  (b)  If  the  agency  determines  that the agency was involved in such
adoption, it shall transmit the registration to the adoption information
registry operated by the department and the  agency  shall  release  the
non-identifying  information,  as  defined  in section forty-one hundred
thirty-eight-c of this title, to the [adoptee registrant. The agency may
restrict the nature of the non-identifying information released pursuant
to this section upon a reasonable determination that disclosure of  such
non-identifying  information  would not be in the adoptee's, the biolog-
ical sibling's or parent's best interest] ADOPTED PERSON.
  § 8. Section 4104 of the public health law, as amended by chapter  153
of the laws of 2011, is amended to read as follows:
  §  4104.  Vital  statistics; application of article. The provisions of
this article except for the provisions contained  in  paragraph  (i)  of
subdivision  two  and  subdivision  four  of  section  four thousand one
hundred, section four thousand one hundred  three,  subdivision  two  of
section four thousand one hundred thirty-five, section four thousand one
hundred  thirty-five-b,  subdivision  eight of section four thousand one
hundred seventy-four, paragraphs (b) and (e) of subdivision  one,  PARA-
GRAPH  (B)  OF SUBDIVISION THREE, AND SUBDIVISIONS FIVE, SEVEN AND EIGHT
of section four thousand one hundred thirty-eight, subdivision eleven of
section four thousand  one  hundred  thirty-eight-c,  PARAGRAPH  (B)  OF
SUBDIVISION  THREE  OF SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-D,
SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-E and section four  thou-
sand  one  hundred  seventy-nine of this article, shall not apply to the
city of New York.
  § 9. Subdivision 1 of section 114 of the domestic  relations  law,  as
amended by chapter 751 of the laws of 1989 and designated by chapter 601
of the laws of 1994, is amended to read as follows:
  1.  If satisfied that the best interests of the adoptive child will be
promoted thereby, the judge or surrogate shall make an  order  approving
the  adoption and directing that the adoptive child shall thenceforth be
regarded and treated in all  respects  as  the  child  of  the  adoptive

S. 7631--B                          4

parents  or  parent.  In  determining  whether the best interests of the
adoptive child will be promoted by the adoption, the judge or  surrogate
shall give due consideration to any assurance by a LOCAL commissioner of
social  services that he OR SHE will provide necessary support and main-
tenance for the adoptive child pursuant to the social services law. Such
order shall contain the full name, date and place of birth and reference
to the schedule annexed to the petition containing the  medical  history
of  the  child  in  the  body  thereof and shall direct that the child's
medical history, heritage of the  BIRTH  parents,  which  shall  include
nationality,  ethnic  background and race; education, which shall be the
number of years of school completed by the BIRTH parents at the time  of
the  birth  AND  ALSO  AT  THE  TIME OF SURRENDER of the adoptive child;
general physical appearance of the BIRTH parents  at  the  time  of  the
birth  AND  ALSO  AT  THE TIME OF SURRENDER of the adoptive child, which
shall include height, weight, color of hair, eyes, skin;  occupation  of
the  BIRTH  parents  at  the  time  of the birth AND ALSO AT THE TIME OF
SURRENDER of the adoptive child; health and medical history of the BIRTH
parents at the time of the birth AND ALSO AT THE TIME  OF  SURRENDER  of
the  adoptive  child,  including all available information setting forth
conditions or diseases believed to be hereditary, any drugs  or  medica-
tion  taken  during  the  pregnancy by the child's mother; and any other
information which may be a factor influencing  the  child's  present  or
future  health,  INCLUDING THE talents, hobbies and special interests of
THE BIRTH parents as contained in the  petition,  be  furnished  to  the
adoptive  parents.    If  the  judge or surrogate is also satisfied that
there is no reasonable objection to the change  of  name  proposed,  the
order shall direct that the name of the adoptive child be changed to the
name  stated  in the agreement of adoption and that henceforth he OR SHE
shall be known by that name. All such orders  made  by  a  family  court
judge  of  Westchester  county  since  September first, nineteen hundred
sixty-two, and on file in the office of the county clerk of such  county
shall  be  transferred  to the clerk of the family court of such county.
Such order and all the papers in the proceeding shall be  filed  in  the
office of the court granting the adoption and the order shall be entered
in  books  which  shall be kept under seal and which shall be indexed by
the name of the adoptive parents and by the full original  name  of  the
child. Such order, including orders heretofore entered, shall be subject
to  inspection  and  examination  only as hereinafter provided. Notwith-
standing the fact that adoption records shall be sealed and secret, they
may be microfilmed and processed pursuant to  an  order  of  the  court,
provided  that  such  order  provides  that  the confidentiality of such
records be maintained. If the confidentiality is violated, the person or
company violating it can be found guilty of contempt of court. The  fact
that  the adoptive child was born out of wedlock shall in no case appear
in such order. The written report of the investigation together with all
other papers pertaining to the adoption shall be kept by  the  judge  or
surrogate as a permanent record of his OR HER court and such papers must
be  sealed by him OR HER and withheld from inspection. No certified copy
of the order of adoption shall issue unless authorized by  court  order,
except  that certified copies may issue to the agency or agencies in the
proceeding prior to the sealing of the  papers.  Before  the  record  is
sealed,  such  order may be granted upon written ex parte application on
good cause shown and upon such conditions as the court may impose. After
the record is sealed, such order may be  granted  only  upon  notice  as
hereinafter provided for disclosure or access and inspection of records.
The  clerk  upon  request  of  a person or agency entitled thereto shall

S. 7631--B                          5

issue certificates of adoption which shall contain only the new name  of
the  child and the date and place of birth of the child, the name of the
adoptive parents and the date when and  court  where  the  adoption  was
granted,  which  certificate  as to the facts recited therein shall have
the same force and effect as a certified copy of an order of adoption.
  § 10. This act shall take effect January 15, 2019, provided,  however,
that,  effective  immediately, the commissioner of health is directed to
promulgate such rules and regulations as may be necessary to  carry  out
the provisions of this act.

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senate Bill S7631B

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senate Bill S7631B

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Health Committee

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