NY State Senate Bill 2019-S2222

Senate Bill S2222

2019-2020 Legislative Session

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

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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 08, 2020	referred to health
Jan 23, 2019	referred to health

co-Sponsors

2019-S2222 (ACTIVE) - Details

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
Versions Introduced in 2017-2018 Legislative Session:: S7631

2019-S2222 (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.

2019-S2222 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2222

SPONSOR: LANZA
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the public health law by adding a new
section, § 4138-e, to acknowledge that the denial of access to accurate
and complete medical and self-identifying data of any adopted person is
a violation of that person's human rights and is contrary to the tenets
of governance. 2 (a) states that an adopted person eighteen years of

age, or if the adopted person is deceased, the adopted person's direct
line descendants, or the lawful representatives of such deceased
person's direct line descendants, can obtain a certified copy of his or
her original birth certificate upon application, presentation of proof
of identification and the payment of a nominal fee.

Section 2 amends subdivision 4 of § 4138 of the public health law to
authorize the commissioner to make microfilm or other suitable copies of
an original certificate of birth in accordance with newly added section
4198-e.

Section 3 and 4 amend subdivisions 3 and 5 of § 4138 of the public
health law to state that a certified copy of the certificate of birth of
such a person shall be issued upon request by an adult adopted person
once proper proof of identity is provided.

Section 5 amends subdivision 7 of § 4138 of the public health law to
authorize the commissioner to forward a new birth certificate for an
adult adopted person to that adopted person eighteen years of age, or if
the adopted person is deceased, the adopted person's direct line
descendants, or the lawful representatives of such deceased person's
direct line descendants.

Section 6 adds a new subdivision 8 to § 4138 of the public health law to
authorize adopted persons eighteen years of age or older, or the birth
parent (s), to submit a change of name and/or address to be attached to
the original birth' certificate of the adopted person.

Section 7 amends § 4138-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 9 amends § 4104 of the public health law to include additional
Amended Memo provisions under vital statistics that would be applicable
to the city of New York.

Section 10 is the effective date.
 
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 adopted person cannot access his or her original birth
certificate unless the adopted person goes through judicial means, and
even then, the outcome does not guarantee that access will be granted.
This bill will allow adult adoptees'or if the adopted person is
deceased, the adopted person's direct line descendants, or the lawful
representatives of such deceased person's direct line descendants, can
obtain a certified copy of his or her original birth certificate upon
application, presentation of proof of identification and the payment of
a nominal fee. Adoptees will be able to gain knowledge of their reli-
gious 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.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.7631B - Referred to Health/A.9959B - Referred to Codes

2017: A.5036-B/S.4845-B - Vetoed by governor

2015-2016: A.2901-A/S.5964 - Passed Assembly

2013-2014: A909/S2490 - 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.

2019-S2222 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2222
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 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:
   §  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.

                                                            LBD08399-01-9

 S. 2222                             2
 
 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 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 TRUE AND CORRECT IDENTIFYING  INFORMATION  THAT  WOULD  HAVE
 APPEARED ON SUCH ORIGINAL BIRTH CERTIFICATE SHALL BE PROVIDED BY A COURT
 OF  COMPETENT JURISDICTION OR THE ADOPTION AGENCY, UPON SPECIFIC REQUEST
 THEREFOR, TO:  (I) THE ADULT 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) LAWFUL REPRESENTATIVES OF SUCH ADOPTED
 PERSON,  OR  LAWFUL  REPRESENTATIVES  OF  SUCH DECEASED ADOPTED PERSON'S
 DIRECT LINE DESCENDANTS, AS THE CASE MAY BE. IN  SUCH  CASE  THE  AGENCY
 SHALL BE HELD HARMLESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
   (C) FOR PURPOSES OF THIS SUBDIVISION:
   (I)  THE  TERM "COMMISSIONER" SHALL INCLUDE 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; AND
   (II) THE TERM "DEPARTMENT" SHALL INCLUDE THE DEPARTMENT OF HEALTH  AND
 MENTAL  HYGIENE  OF THE CITY OF NEW YORK AND, FOR RECORDS OF BIRTH PRIOR
 TO JANUARY FIRST, NINETEEN HUNDRED FOURTEEN, THE OFFICE OF VITAL STATIS-
 TICS OF THE CITY OF ALBANY, THE OFFICE OF VITAL RECORDS OF THE  CITY  OF
 BUFFALO AND THE OFFICE OF CLERK OF THE CITY OF 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
 UPON APPLICATION BY AN ADOPTED PERSON EIGHTEEN YEARS OF AGE OR MORE ONCE
 PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
   § 4. 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  APPLICA-

 S. 2222                             3
 
 TION  BY  AN  ADOPTED  PERSON  EIGHTEEN YEARS OF AGE OR MORE ONCE PROPER
 PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
   §  5.  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 (I) such person, if eighteen  years  of  age  or
 more,  [or  to  the  parents  of such person,] OR (II) IF THE ADOPTEE IS
 DECEASED, THE ADOPTEE'S DIRECT LINE DESCENDANTS, OR (III) LAWFUL  REPRE-
 SENTATIVES  OF  SUCH ADOPTEE, OR LAWFUL REPRESENTATIVES OF SUCH DECEASED
 ADOPTEE'S DIRECT LINE DESCENDANTS, AS THE CASE MAY BE, a certified copy,
 a certified transcript [or] AND a certification of birth, [whichever  he
 deems  appropriate  under  the circumstances,] without making any charge
 therefor.
   § 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  (B)  OF SUBDIVISION THREE, AND SUBDIVISIONS FIVE, SEVEN 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,
 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

 S. 2222                             4
 
 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.    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
 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

 S. 2222                             5
 
 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.
   § 10. This act shall take effect January  15,  2020.  Effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

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Senate Bill S2222

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Sponsored By

Andrew J. Lanza