Assembly Bill A5141

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5141
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M.  of  A. BENEDETTO, AUBRY, HUNTER, FORREST, JACKSON --
   read once and referred to the Committee on Judiciary
 
 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-
 ity 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08445-01-1

 A. 5141                             2
 
 such request for information, the court shall transmit  the  information
 authorized to be released thereunder to the state commissioner of health
 or his OR HER designee.
   (B)  NOTWITHSTANDING  PARAGRAPH  (A) OF THIS SUBDIVISION AND ANY OTHER
 SECTION OF LAW TO THE CONTRARY, AN ADOPTEE OVER THE AGE OF EIGHTEEN, THE
 ADOPTIVE PARENTS OF AN ADOPTEE WHO HAS NOT YET ATTAINED THE AGE OF EIGH-
 TEEN, AND ANY LAWFUL DESCENDANT OR AGENT OF AN  ADOPTEE  MAY  APPLY  FOR
 ACCESS  TO  A  CERTIFIED  COPY  OF THE BIRTH CERTIFICATE OF SUCH ADOPTEE
 MARKED AS NOT VALID FOR IDENTIFICATION AND WITH A  NOTATION  REFERENCING
 THE  CIRCUMSTANCE  OF  THE ADOPTION. SUCH CERTIFIED COPY SHALL BE ISSUED
 FOR THE SAME FEE CHARGED FOR A CERTIFIED  COPY  OF  THE  UNSEALED  BIRTH
 RECORD  OF A NON-ADOPTEE. NO JUDICIAL REVIEW OF THE APPLICATION SHALL BE
 NECESSARY FOR AN ADOPTEE TO RECEIVE A  CERTIFIED  COPY  OF  HIS  OR  HER
 ORIGINAL  BIRTH CERTIFICATE MARKED AS "CERTIFIED COPY OF A SEALED RECORD
 - NOT VALID FOR IDENTIFICATION WITH THE ADOPTION FACTS RECITED".
   § 3. Section 4132 of the public health law is amended by adding a  new
 subdivision 5 to read as follows:
   5. IN THE CASE OF AN ADOPTED PERSON, THE CERTIFIED COPY OF THE CERTIF-
 ICATE  OF  BIRTH  ISSUED UPON REQUEST SHALL: (A) CONTAIN A NOTATION THAT
 THE DOCUMENT IS NOT VALID FOR IDENTIFICATION; AND (B) RECITE  THE  FACTS
 OF THE ADOPTION IN THE FORM AS FOLLOWS:
   "I  CERTIFY  THAT  THE  RECORD  ABOVE  IS A COPY OF THE ORIGINAL BIRTH
 RECORD  OF  _________(INSERT   BIRTH   NAME),   WHO   WAS   ADOPTED   BY
 _________(ADOPTIVE  PARENT)  AND  _________ (ADOPTIVE PARENT, IF TWO) ON
 _________ (ADOPTION DECREE DATE). THIS ORIGINAL BIRTH  RECORD  IS  MAIN-
 TAINED  IN A SEALED FILE BY THE STATE OF NEW YORK. THIS COPY IS RELEASED
 PURSUANT TO THE LAWS OF THE STATE OF NEW YORK."
   § 4. This act shall take effect April 15, 2022.