NY State Senate Bill 2017-S7550

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2018	referred to health

co-Sponsors

2017-S7550 (ACTIVE) - Details

See Assembly Version of this Bill:: A9632
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

2017-S7550 (ACTIVE) - Summary

Enacts the "bill of adoptee rights".

2017-S7550 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7550           Revised 2/1/18

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the public health law and the domestic
relations law, in relation to enacting the "bill of adoptee rights"

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would allow an adopted person who is at least eighteen years
of age to request a certified copy of his or her original birth certif-
icate and/or a medical history form if available. Adopted persons born
outside of, but adopted within, the state of New York shall have the
right to secure from a court of competent jurisdiction a certified copy
of his or her original birth certificate and/or medical history form if
available.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the public health law by adding a new
section, § 4138-e, to establish the "Bill of Adoptee Rights". An adop-
tee, who is at least 18 years old, may 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. Where only a medical history form is requested, the birth certif-
icate and contact preference form will not be sent, but may be requested
at a later date. If a copy of the birth certificate cannot be provided,
then the adult adoptee may secure from a court of competent jurisdiction
or the adoption agency the information that would have appeared on the
original birth certificate. A contact preference form and/or a medical
history form may be filed by the birth parent(s) with the Department of
Health at any time.

Section 2 amends § 4138 of the public health law to allow an adult
adopted person to request a certified copy or certified transcript of
the certificate of birth based upon the original certificate of birth
upon proper proof of identity and a written notarized request.

Section 3 amends § 4138 of the public health law to provide that when a
verified transcript or certification of birth is issued by the regist-
rar, it will be required to issue the document based upon the original
local record of birth upon a written notarized request by the adult
adopted person once proper proof of identity is provided.

Section 4 amends § 4138 of the public health law to require that when a
commissioner makes a new birth certificate for an adult, then a certi-
fied copy, a certified transcript and a certification of birth will be
forwarded to such adult.

Section 5 amends § 4138 of the public, health law by adding two new
subdivisions that would allow an adult adoptee or a birth parent to
submit to the registrar a notice of change of name and/or address and to
be attached to the original birth certificate of the adopted person. If
an adopted person has granted permission, then the registrar shall
disclose the current name and address to the birth parent at the birth
parent's request.

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.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
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 adoptee cannot access his or her original birth certificate
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 availa- ble.
Adoptees will be able to gain knowledge of their religious 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. A birth parent may seek to protect his or her privacy by
completing a contact preference form that would be sent to the adult
adoptee upon a request for a certified copy-of an original birth certif-
icate. The contact preference form provides the birth parent with the
option to be contacted by the adoptee, through an intermediary or to not
be contacted at all.

 
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: A909/52490 - 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.

2017-S7550 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7550
 
                             I N  S E N A T E
 
                             January 23, 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 enacting the "bill of adoptee rights"
 
   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. BILL OF ADOPTEE RIGHTS. 1. THIS SECTION SHALL BE  KNOWN  AND
 MAY BE CITED AS THE "BILL OF ADOPTEE RIGHTS".
   2. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWLEDGE, SUPPORT
 AND  ENCOURAGE  THE LIFE-LONG HEALTH AND WELL-BEING NEEDS OF PERSONS WHO
 HAVE BEEN AND WILL BE ADOPTED IN THE STATE OF NEW YORK. 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.
   3.  (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 OF NEW YORK), THE ADULT ADOPTED PERSON SHALL  HAVE  THE  RIGHT  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14275-01-8

 S. 7550                             2
 
 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 HARMLESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
   4.  A  BIRTH  PARENT  MAY  AT  ANY  TIME REQUEST FROM THE DEPARTMENT A
 CONTACT PREFERENCE FORM THAT SHALL ACCOMPANY A BIRTH CERTIFICATE  ISSUED
 UNDER  THIS TITLE. THE CONTACT PREFERENCE FORM SHALL PROVIDE THE FOLLOW-
 ING INFORMATION TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
   (A) I WOULD LIKE TO BE CONTACTED.
   (B) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY.
   (C) I HAVE COMPLETED A MEDICAL HISTORY FORM AND HAVE FILED IT WITH THE
 DEPARTMENT.
   (D) PLEASE DO NOT CONTACT ME. IF I DECIDE LATER THAT I WOULD  LIKE  TO
 BE  CONTACTED,  I  WILL SUBMIT AN UPDATED CONTACT PREFERENCE FORM TO THE
 DEPARTMENT.
   THE MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE  DEPART-
 MENT AND SHALL BE SUPPLIED TO THE BIRTH PARENT UPON REQUEST OF A CONTACT
 PREFERENCE FORM FROM THE DEPARTMENT.
   ONLY  THOSE  PERSONS  WHO  ARE AUTHORIZED TO PROCESS APPLICATIONS MADE
 UNDER THIS TITLE MAY PROCESS  CONTACT  PREFERENCE  AND  MEDICAL  HISTORY
 FORMS.
   THE  MEDICAL HISTORY FORM AND CONTACT PREFERENCE FORM ARE CONFIDENTIAL
 COMMUNICATIONS FROM THE BIRTH PARENT TO THE PERSON NAMED ON  THE  SEALED
 BIRTH  CERTIFICATE AND SHALL BE PLACED IN SEPARATE SEALED ENVELOPES UPON
 RECEIPT FROM THE BIRTH PARENT. THE SEALED  ENVELOPES  SHALL  BE  MATCHED
 WITH AND PLACED IN THE FILE CONTAINING THE SEALED BIRTH CERTIFICATE.
   THE  SEALED  ENVELOPES  CONTAINING  THE  CONTACT  PREFERENCE  FORM AND
 MEDICAL HISTORY FORM MAY BE RELEASED TO A PERSON REQUESTING HIS  OR  HER
 OWN  ORIGINAL BIRTH CERTIFICATE UNDER THIS TITLE. THE CONTACT PREFERENCE
 FORM AND MEDICAL HISTORY FORM ARE PRIVATE COMMUNICATIONS FROM THE  BIRTH
 PARENT TO THE PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND NO COPIES
 OF  THE FORMS SHALL BE RETAINED BY THE DEPARTMENT.  WHERE ONLY A MEDICAL
 HISTORY FORM IS REQUESTED THE BIRTH CERTIFICATE AND  CONTACT  PREFERENCE
 FORM SHALL NOT BE SENT, BUT MAY BE REQUESTED AT A LATER DATE.
   §  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.

 S. 7550                             3
 
   §  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. (A) 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.
   (B)  THE  REGISTRAR  SHALL  DISCLOSE TO THE BIRTH PARENT OR PARENTS AT
 SUCH PARENT'S OR PARENTS' REQUEST, THE MOST CURRENT NAME AND ADDRESS  OF
 AN  ADOPTED  PERSON  IF THAT ADOPTED PERSON HAS REQUESTED SO BY FILING A
 NOTARIZED LETTER WITH THE REGISTRAR.
   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:

 S. 7550                             4
 
   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 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

 S. 7550                             5

 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.

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Senate Bill S7550

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2017-S7550 (ACTIVE) - Details

2017-S7550 (ACTIVE) - Summary

2017-S7550 (ACTIVE) - Sponsor Memo

2017-S7550 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7550

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Martin J. Golden

2017-S7550 (ACTIVE) - Details

2017-S7550 (ACTIVE) - Summary

2017-S7550 (ACTIVE) - Sponsor Memo

2017-S7550 (ACTIVE) - Bill Text download pdf

Comments