Senate Bill S7261

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7261
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health
 
 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
 S. 7261                             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.