S T A T E O F N E W Y O R K
________________________________________________________________________
5494
2019-2020 Regular Sessions
I N A S S E M B L Y
February 12, 2019
___________
Introduced by M. of A. WEPRIN, HUNTER, SAYEGH, ROMEO, COLTON, SCHMITT,
DE LA ROSA, GALEF, JEAN-PIERRE, CARROLL, D'URSO, WOERNER, GOTTFRIED,
SEAWRIGHT, RIVERA, THIELE, BLAKE, JOHNS, L. ROSENTHAL, BARRON, BRABE-
NEC, SCHIMMINGER, McDONOUGH, SMITH, LAVINE, SIMON, MOSLEY, OTIS,
LUPARDO, BENEDETTO, TITUS, ORTIZ, AUBRY, KIM, PICHARDO, CUSICK,
STIRPE, DILAN, STECK, WALKER, RICHARDSON, DiPIETRO, CAHILL, HEVESI,
BICHOTTE, JOYNER, SANTABARBARA, RAIA, DenDEKKER -- Multi-Sponsored by
-- M. of A. ARROYO, BARRETT, BUCHWALD, COOK, DAVILA, DeSTEFANO, DINOW-
ITZ, ENGLEBRIGHT, FAHY, GIGLIO, HAWLEY, KOLB, LALOR, LIFTON, MALLIO-
TAKIS, PALMESANO, PALUMBO, PAULIN, PEOPLES-STOKES, PERRY, PRETLOW, RA,
RAMOS, RODRIGUEZ, RYAN, SOLAGES, STEC, WRIGHT, ZEBROWSKI -- read once
and referred 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:
§ 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
GOVERNMENT. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09643-01-9
A. 5494 2
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, INCLUDING ANY CHANGE ATTACHED TO
THAT CERTIFICATE BY A BIRTH PARENT OR PARENTS, AND ANY INFORMATION
PROVIDED TO THE COMMISSIONER OR A LOCAL REGISTRAR PURSUANT TO SUBDIVI-
SION ONE OF SECTION ONE HUNDRED FOURTEEN OF THE DOMESTIC RELATIONS LAW,
TO (I) AN ADOPTED PERSON, IF EIGHTEEN YEARS OF AGE OR MORE, OR (II) IF
THE ADOPTED PERSON IS DECEASED, THE ADOPTED PERSON'S DIRECT LINE
DESCENDANTS, OR (III) THE LAWFUL REPRESENTATIVES OF SUCH ADOPTED PERSON,
OR LAWFUL REPRESENTATIVES OF SUCH DECEASED ADOPTED PERSON'S DIRECT LINE
DESCENDANTS, AS THE CASE MAY BE.
(B) WHEN IT SHALL BE IMPOSSIBLE FOR THE COMMISSIONER OR A LOCAL
REGISTRAR TO PROVIDE A COPY OF AN ADULT ADOPTED PERSON'S ORIGINAL LONG
FORM BIRTH CERTIFICATE (AS MAY OCCUR IN THE CASE OF AN ADOPTED PERSON
BORN OUTSIDE OF, BUT ADOPTED WITHIN, THE STATE AND SUCH CERTIFICATE IS
NOT PART OF THE RECORDS OF THE COMMISSIONER OR A LOCAL REGISTRAR), THE
TRUE AND CORRECT INFORMATION ABOUT THE ADOPTED PERSON AND THE ADOPTED
PERSON'S BIRTH PARENTS, INCLUDING THEIR IDENTIFYING INFORMATION, THAT
WOULD HAVE APPEARED ON SUCH ORIGINAL BIRTH CERTIFICATE SHALL BE PROVIDED
TO: (I) THE ADOPTED PERSON, IF EIGHTEEN YEARS OF AGE OR MORE, OR (II)
IF THE ADOPTED PERSON IS DECEASED, THE ADOPTED PERSON'S DIRECT LINE
DESCENDANTS, OR (III) THE LAWFUL REPRESENTATIVES OF SUCH ADOPTED PERSON,
OR LAWFUL REPRESENTATIVES OF SUCH DECEASED ADOPTED PERSON'S DIRECT LINE
DESCENDANTS, AS THE CASE MAY BE BY ANY AUTHORIZED AGENCY AS DEFINED IN
PARAGRAPHS (A) AND (B) OF SUBDIVISION TEN OF SECTION THREE HUNDRED
SEVENTY-ONE OF THE SOCIAL SERVICES LAW. IN SUCH CASE, THE AGENCY SHALL
BE HELD HARMLESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
(C) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "COMMISSIONER" SHALL
INCLUDE THE STATE COMMISSIONER OF HEALTH, THE COMMISSIONER OF HEALTH AND
MENTAL HYGIENE OF THE CITY OF NEW YORK AND FOR RECORDS OF BIRTH PRIOR TO
JANUARY FIRST, NINETEEN HUNDRED FOURTEEN, THE LOCAL REGISTRARS OF THE
CITIES OF ALBANY, BUFFALO AND YONKERS.
§ 2. Subdivision 4 of section 4138 of the public health law, as
amended by chapter 559 of the laws of 1992, is amended to read as
follows:
4. The commissioner may make a microfilm or other suitable copy of the
original certificate of birth and all papers pertaining to the new
certificate of birth. In such event, the original certificate and papers
may be destroyed. All undestroyed certificates and papers and copies
thereof shall be confidential and the contents thereof shall not be
released or otherwise divulged except by order of a court of competent
jurisdiction or pursuant to section forty-one hundred thirty-eight-c
[or], forty-one hundred thirty-eight-d OR FORTY-ONE HUNDRED THIRTY-
EIGHT-E of this [article] TITLE.
§ 3. 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
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APPLICATION IS MADE PURSUANT TO SECTION FOUR THOUSAND ONE HUNDRED THIR-
TY-EIGHT-E OF THIS TITLE.
§ 4. Paragraph (a) of subdivision 3 of section 4138 of the public
health law, as amended by chapter 201 of the laws of 1972, is amended to
read as follows:
(a) When a new certificate of birth is made the commissioner shall
substitute such new certificate for the certificate of birth then on
file, if any, and shall send the registrar of the district in which the
birth occurred a copy of the new certificate of birth. The registrar
shall make a copy of the new certificate for the local record and hold
the contents of the original local record confidential along with all
papers and copies pertaining thereto. It shall not be released or other-
wise divulged except by order of a court of competent jurisdiction OR
PURSUANT TO SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-E OF THIS
TITLE.
§ 5. 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 APPLICATION IS
MADE PURSUANT TO SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-E OF
THIS TITLE.
§ 6. Section 4138 of the public health law is amended by adding a new
subdivision 8 to read as follows:
8. 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.
§ 7. 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.
§ 8. 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 (A) AND (B) OF SUBDIVISION THREE, AND SUBDIVISIONS FIVE AND EIGHT
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,
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SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-E and section four thou-
sand one hundred seventy-nine of this article, shall not apply to the
city of New York.
§ 9. 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:
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, THE COMMISSIONER AND THE APPROPRIATE LOCAL REGISTRAR
OF VITAL STATISTICS. 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
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
A. 5494 5
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.
FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "COMMISSIONER" SHALL MEAN
THE STATE COMMISSIONER OF HEALTH AND, WITH RESPECT TO AN ADOPTIVE CHILD
BORN IN THE CITY OF NEW YORK, THE COMMISSIONER OF HEALTH AND MENTAL
HYGIENE OF THE CITY OF NEW YORK.
§ 10. This act shall take effect January 15, 2020, 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.