Senate Bill S4845

Vetoed By Governor
2017-2018 Legislative Session

Relates to adoptee rights

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A5036 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2017-S4845 - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §114, Dom Rel L; amd §4138-c, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S5964

2017-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.

2017-S4845 - Sponsor Memo

2017-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.
   § 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.
              

co-Sponsors

2017-S4845A - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §114, Dom Rel L; amd §4138-c, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S5964

2017-S4845A - 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.

2017-S4845A - Sponsor Memo

2017-S4845A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4845--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by Sens. LANZA, BOYLE -- read twice and ordered printed, and
   when printed to be committed to the Committee on Children and Families
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN ACT to amend the domestic relations law and the public health law, in
   relation to adoptee rights

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  hereby  states  its
 intention to acknowledge, support and encourage the life-long health and
 well-being  of persons who have been and will be adopted in the state of
 New York. The legislature  further  recognizes  that  the  inability  to
 access  accurate  and  complete medical and self-identifying data of any
 adopted person may result  in  such  person  succumbing  to  preventable
 disease,  premature  death  or  otherwise  unhealthy  life. As such, the
 provisions of this act seek to establish considerations  under  the  law
 for  adopted  persons  to access their birth information while providing
 for the privacy of an adopted person and his or her birth  and  adoptive
 families.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S4845B (ACTIVE) - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §114, Dom Rel L; amd §4138-c, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S5964

2017-S4845B (ACTIVE) - 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.

2017-S4845B (ACTIVE) - Sponsor Memo

2017-S4845B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4845--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by Sens. LANZA, BOYLE -- read twice and ordered printed, and
   when printed to be committed to the Committee on Children and Families
   -- 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  commit-
   tee
 
 AN ACT to amend the domestic relations law and the public health law, in
   relation to adoptee rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  hereby  states  its
 intention to acknowledge, support and encourage the life-long health and
 well-being  of persons who have been and will be adopted in the state of
 New York. The legislature  further  recognizes  that  the  inability  to
 access  accurate  and  complete medical and self-identifying data of any
 adopted person may result  in  such  person  succumbing  to  preventable
 disease,  premature  death  or  otherwise  unhealthy  life. As such, the
 provisions of this act seek to establish considerations  under  the  law
 for  adopted  persons  to access their birth information while providing
 for the privacy of an adopted person and his or her birth  and  adoptive
 families.
   §  2.  Subdivision  2 of section 114 of the domestic relations law, as
 amended by chapter 559 of the laws of 1992 and as designated by  chapter
 601 of the laws of 1994, is amended to read as follows:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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