senate Bill S2492A

2019-2020 Legislative Session

Relates to access to birth certificates of persons who have been adopted

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 30, 2019 print number 2492a
Jan 30, 2019 amend and recommit to children and families
Jan 25, 2019 referred to children and families

S2492 (ACTIVE) - Details

See Assembly Version of this Bill:
A2691
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §114, Dom Rel L; amd §4132, Pub Health L

S2492 (ACTIVE) - Summary

Grants access to a certified copy of the birth certificate of an adopted person without requiring judicial review; requires such birth certificate to state that the certificate is a certified copy of a sealed record and is not valid for identification with the adoption facts recited.

S2492 (ACTIVE) - Sponsor Memo

S2492 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2492

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 25, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the domestic relations law and the public health law, in
  relation to access to birth records by adoptees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The legislature hereby states its
intention to ensure equal access to vital records  and  end  decades  of
discrimination  against  adoption  and  adopted persons. The legislature
finds that an adopted person should have access to his or  her  original
birth  record in the same manner as a non-adopted person. The provisions
of this act establish an  absolute  right  under  the  law  for  adopted
persons to access their birth certificates while referencing the fact of
their adoption.
  §  2.  Subdivision  2 of section 114 of the domestic relations law, as
amended by chapter 559 of the laws of 1992 and as designated by  chapter
601 of the laws of 1994, is amended to read as follows:
  2.  (A)  No  person,  including  the attorney for the adoptive parents
shall disclose the surname of the child directly or  indirectly  to  the
adoptive  parents  except  upon  order  of the court. No person shall be
allowed access to such sealed records and order and  any  index  thereof
except  upon  an order of a judge or surrogate of the court in which the
order was made or of a justice  of  the  supreme  court.  No  order  for
disclosure  or  access  and  inspection  shall be granted except on good
cause shown and on due notice to the adoptive parents and to such  addi-
tional  persons  as the court may direct. Nothing contained herein shall
be deemed to require the state commissioner of health or his designee to
secure a court order authorizing disclosure of information contained  in
adoption or birth records requested pursuant to the authority of section
forty-one  hundred  thirty-eight-c  or section forty-one hundred thirty-
eight-d of the public health law; upon the receipt of such  request  for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

S2492A (ACTIVE) - Details

See Assembly Version of this Bill:
A2691
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §114, Dom Rel L; amd §4132, Pub Health L

S2492A (ACTIVE) - Summary

Grants access to a certified copy of the birth certificate of an adopted person without requiring judicial review; requires such birth certificate to state that the certificate is a certified copy of a sealed record and is not valid for identification with the adoption facts recited.

S2492A (ACTIVE) - Sponsor Memo

S2492A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2492--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 25, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the domestic relations law and the public health law, in
  relation to access to birth records by adoptees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The legislature hereby states its
intention to ensure equal access to vital records  and  end  decades  of
discrimination  against  adoption  and  adopted persons. The legislature
finds that an adopted person should have access to his or  her  original
birth  record in the same manner as a non-adopted person. The provisions
of this act establish an  absolute  right  under  the  law  for  adopted
persons to access their birth certificates while referencing the fact of
their adoption.
  §  2.  Subdivision  2 of section 114 of the domestic relations law, as
amended by chapter 559 of the laws of 1992 and as designated by  chapter
601 of the laws of 1994, is amended to read as follows:
  2.  (A)  No  person,  including  the attorney for the adoptive parents
shall disclose the surname of the child directly or  indirectly  to  the
adoptive  parents  except  upon  order  of the court. No person shall be
allowed access to such sealed records and order and  any  index  thereof
except  upon  an order of a judge or surrogate of the court in which the
order was made or of a justice  of  the  supreme  court.  No  order  for
disclosure  or  access  and  inspection  shall be granted except on good
cause shown and on due notice to the adoptive parents and to such  addi-
tional  persons  as the court may direct. Nothing contained herein shall
be deemed to require the state commissioner of  health  or  his  OR  HER
designee  to  secure a court order authorizing disclosure of information
contained in adoption or birth records requested pursuant to the author-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.