senate Bill S4845

2017-2018 Legislative Session

Relates to adoptee rights

download bill text pdf

Sponsored By

Current Bill Status - In Senate 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 03, 2017 referred to children and families

S4845 - Details

See Assembly Version of this Bill:
A5036
Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §114, Dom Rel L; amd §4138-c, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2015-2016: A2901C, S5964A, S5964B
2013-2014: A909
2011-2012: A2003, A8910A, S7286
2009-2010: A8410A, S5269A

S4845 - Summary

Relates to adoptee rights; clarifies language and procedures for obtaining birth certificates and medical histories of adoptees; permits an adopted adult to access certain records when they reach the age of 18; creates a contact preference to be filed by birth parents.

S4845 - Sponsor Memo

S4845 - Bill Text download pdf

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

                                  4845

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 3, 2017
                               ___________

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

AN ACT to amend the domestic relations law and the public health law, in
  relation to adoptee rights

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

  Section  1.  Legislative  findings.  The legislature hereby states its
intention to acknowledge, support and encourage the life-long health and
well-being of persons who have been and will be adopted in the state  of
New  York.  The  legislature  further  recognizes  that the inability to
access accurate and complete medical and self-identifying  data  of  any
adopted  person  may  result  in  such  person succumbing to preventable
disease, premature death or  otherwise  unhealthy  life.  As  such,  the
provisions  of  this  act seek to establish considerations under the law
for adopted persons to access their birth  information  while  providing
for  the  privacy of an adopted person and his or her birth and adoptive
families.
  S 2. Subdivision 2 of section 114 of the domestic  relations  law,  as
amended  by chapter 559 of the laws of 1992 and as designated by chapter
601 of the laws of 1994, is amended to read as follows:
  2. No person, including the attorney for the  adoptive  parents  shall
disclose the surname of the child directly or indirectly to the adoptive
parents  except  upon  order  of  the  court. No person shall be allowed
access to such sealed records and order and  any  index  thereof  except
upon  an  order  of a judge or surrogate of the court in which the order
was made or of a justice of the supreme court.  [No] EXCEPT AS  PROVIDED
IN  SUBDIVISIONS  FOUR AND FIVE OF THIS SECTION, NO order for disclosure
or access and inspection shall be granted except on good cause shown and
on due notice to the adoptive parents and to such additional persons  as
the  court  may  direct.  Nothing  contained  herein  shall be deemed to
require the state commissioner of health  or  his  OR  HER  designee  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09376-01-7

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