senate Bill S7631B

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate 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

S7631 - Details

See Assembly Version of this Bill:
A9959B
Law Section:
Public Health Law
Laws Affected:
Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L

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

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:
  S  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.

S7631A - Details

See Assembly Version of this Bill:
A9959B
Law Section:
Public Health Law
Laws Affected:
Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L

S7631A - 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.

S7631A - Sponsor Memo

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:
  S 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

S7631B (ACTIVE) - Details

See Assembly Version of this Bill:
A9959B
Law Section:
Public Health Law
Laws Affected:
Add §4138-e, amd §§4138, 4138-d & 4104, Pub Health L; amd §114, Dom Rel L

S7631B (ACTIVE) - 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.

S7631B (ACTIVE) - Sponsor Memo

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:
  S  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.

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