Assembly Bill A8412

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8412
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the public health law, in relation to foreign adoptions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Section 4138-b of the public health  law,  as  amended  by
 chapter 395 of the laws of 2012, is amended to read as follows:
   §  4138-b.  Birth certificate: foreign [country] adoption. 1. Whenever
 the [adoption or] finalization of a foreign adoption or recognition of a
 foreign adoption of a [child] PERSON OF ANY AGE pursuant to section  one
 hundred  eleven-c  of  the  domestic relations law, OR THE ADOPTION OF A
 FOREIGN-BORN PERSON OVER THE AGE OF EIGHTEEN AT THE TIME OF ADOPTION has
 been reported to the commissioner, the commissioner shall file  a  birth
 certificate  for  the  [child] ADOPTED PERSON provided there is no other
 birth certificate or other birth record on file other than in the  coun-
 try  where  such  [child]  PERSON was born and provided, further, that a
 certificate of birth data does not exist for  that  person.  Such  birth
 certificate  shall  be  filed  upon  receipt of: proof that the adoptive
 parent was a resident of this state at the time of adoption OR THAT  THE
 ADOPTEE  WAS LAWFULLY ADOPTED WITHIN THE STATE OF NEW YORK; IF THE ADOP-
 TEE WAS ADOPTED IN A FOREIGN COUNTRY OR  JURISDICTION,  a  copy  of  the
 adoption  documents  of the jurisdiction or country in which the [child]
 PERSON was adopted; a certified  translation  of  the  foreign  adoption
 documents,  evidence  of  the  date  and  place of the [child's] ADOPTED
 PERSON'S birth; and evidence of IR-3, IR-4 or IH-3 immigrant visa status
 or a successor  immigrant  visa  status.  The  birth  certificate  shall
 include the [child's] ADOPTED PERSON'S name, sex, date of birth, time of
 birth,  place of birth, mother's maiden name, and father's name. A birth
 certificate [for a foreign country adoption]  ISSUED  PURSUANT  TO  THIS
 SECTION  which  has  been  filed by a local registrar and all supporting
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11546-01-3
 A. 8412                             2
              

 
 documentation shall be submitted by the local registrar to  the  commis-
 sioner who shall file a new birth certificate pursuant to this section.
   2. A PETITIONER MAY SUBMIT AN ATTORNEY CERTIFIED COPY OF THE ADOPTEE'S
 FOREIGN  BIRTH  CERTIFICATE,  OR  SIMILAR  CONFIRMATION  OF  BIRTH,  AND
 ADOPTION DECREE, AND COPIES OF ATTORNEY CERTIFIED  TRANSLATIONS  OF  THE
 FOREIGN  DOCUMENTATION  IN CONNECTION WITH THE FINALIZATION OF A FOREIGN
 ADOPTION OR RECOGNITION OF A FOREIGN ADOPTION PURSUANT  TO  SECTION  ONE
 HUNDRED ELEVEN-C OF THE DOMESTIC RELATIONS LAW.
   3.  THIS  PROVISION  SHALL  BE  DEEMED  RETROACTIVE SO THAT AN ADOPTED
 PERSON WHO WAS ADOPTED IN ACCORDANCE WITH  THIS  SECTION  PRIOR  TO  THE
 EFFECTIVE  DATE HEREOF MAY OBTAIN, UPON APPLICATION, A BIRTH CERTIFICATE
 PURSUANT TO THIS SECTION.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.