Assembly Bill A7063

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7063
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the domestic relations law, in relation  to  records  of
   adopted natural siblings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The domestic relations law  is  amended  by  adding  a  new
 section 114-a to read as follows:
   §  114-A.  RECORDS  OF ADOPTED NATURAL SIBLINGS. 1. THE TERM "ELIGIBLE
 PERSON" SHALL MEAN A PERSON WHO IS (A) LEGALLY ADOPTED AND IS  AT  LEAST
 EIGHTEEN  YEARS  OLD; OR (B) THE NON-ADOPTED NATURAL SIBLING OR HALF-SI-
 BLING OF A PERSON WHO WAS LEGALLY ADOPTED WHO IS AT LEAST EIGHTEEN YEARS
 OLD.
   2. NOTWITHSTANDING THE FOREGOING ANY OTHER INCONSISTENT PROVISIONS  OF
 LAW,  A  JUSTICE,  SURROGATE OR JUDGE OF THE COURT IN WHICH THE ORDER OF
 ADOPTION WAS MADE SHALL, UPON WRITTEN EX PARTE APPLICATION BY AN  ELIGI-
 BLE  PERSON,  GRANT  AN  ORDER  DIRECTING  THE CLERK OF THE COURT WHO IS
 CUSTODIAN OF THE PAPERS, RECORDS OR FILES PERTAINING TO SUCH ADOPTION TO
 SUBMIT THEM TO THE COURT FOR PHYSICAL  UNSEALING  TO  PERMIT  IN  CAMERA
 REVIEW,  BY THE COURT, OF THE INFORMATION CONTAINED THEREIN ON THE IDEN-
 TIFICATION OF THE APPLICANT'S ADOPTED OR NATURAL SIBLING OR HALF-SIBLING
 OR SIBLINGS. IF THE COURT FINDS NO RECORDS RELATED TO THE REQUEST IN THE
 APPLICATION, THE COURT SHALL INFORM THE ELIGIBLE PERSON THAT NO  RECORDS
 PERTAINING TO THE REQUEST COULD BE FOUND.
   3. IF THE COURT FINDS RECORDS RELATED TO THE APPLICATION, PRIOR TO THE
 RELEASE OF SUCH RECORDS, THE COURT SHALL SEND A LETTER TO THE LAST KNOWN
 ADDRESSES  OF  THE  PERSON OR PERSONS WHOM THE APPLICATION IS REQUESTING
 RECORDS OF, STATING  THAT  AN  ELIGIBLE  PERSON  HAS  REQUESTED  RECORDS
 RELATED  TO  THE  IDENTITY  OF ANY SIBLING OR SIBLINGS. THE LETTER SHALL
 CONTAIN A METHOD FOR THE CONTACTED  PARTY  TO  CONSENT  OR  REJECT  SUCH
 RELEASE  OF  RECORDS.  THE CONTACTED PARTY SHALL BE PROVIDED ONE HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10736-01-9

 A. 7063                             2
 
 TWENTY DAYS TO RESPOND TO THE COURT'S LETTER  EITHER  CONSENTING  TO  OR
 DENYING THE RELEASE OF SUCH RECORDS.
   4.  UPON  RECEIVING  CONSENT FROM THE CONTACTED PARTY, THE COURT SHALL
 RELEASE THE RECORDS TO THE APPLICANT, PROVIDED THAT  THE  DISCLOSURE  OF
 SUCH  RECORDS  WOULD  NOT  IN  ANY  WAY  REVEAL THE NAME OR NAMES OF THE
 NATURAL PARENT OR PARENTS. FOLLOWING THE RELEASE  OF  THE  RECORDS,  THE
 CLERK  OF THE COURT SHALL RESEAL AND RETURN THE PAPERS, RECORDS OR FILES
 TO THE CLERK OF THE COURT RE-FILING THEREOF.
   5. IF THE RELEASE OF RECORDS HAS BEEN DENIED, THE COURT  SHALL  INFORM
 THE APPLICANT THAT THE CONTACTED PARTY REQUESTED THAT THE RECORDS NOT BE
 RELEASED.
   6. IF THE CONTACTED PARTY FAILS TO RESPOND TO THE COURT'S LETTER WITH-
 IN  ONE  HUNDRED  TWENTY DAYS, THE COURT MAY RELEASE SUCH RECORDS TO THE
 APPLICANT. A COURT SHALL DENY THE APPLICATION  IF  THEY  FIND  THAT  THE
 RELEASE  OF  SUCH  RECORDS  WITHOUT  EXPLICIT CONSENT FROM THE CONTACTED
 PARTY WOULD (A) CONTAIN THE IDENTITY OF A PERSON  UNDER  EIGHTEEN  YEARS
 OLD,  OR  (B) WOULD ENDANGER THE CONTACTED PARTY'S LIFE OR CAUSE HARM TO
 ANOTHER PERSON.
   7. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED  TO  LIMIT  ACCESS  TO
 RECORDS THAT ARE OTHERWISE AVAILABLE UNDER LAW.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.