The New York State Senate

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

                                  9959

                          I N  A S S E M B L Y

                              March 1, 2018
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred 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

A. 9959                             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.

A. 9959                             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

A. 9959                             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.

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

                                 9959--A

                          I N  A S S E M B L Y

                              March 1, 2018
                               ___________

Introduced  by  M. of A. WEPRIN, CARROLL, D'URSO, COLTON, WOERNER, GOTT-
  FRIED,  SEAWRIGHT,  RIVERA,  THIELE,  BLAKE,  L. ROSENTHAL,  JOHNS  --
  Multi-Sponsored  by -- M.  of A. COOK -- 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 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.
                                                           LBD14534-03-8

A. 9959--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.

A. 9959--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

A. 9959--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

A. 9959--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.