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This entry was published on 2014-09-22
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Birth certificate: foreign country adoption
Public Health (PBH) CHAPTER 45, ARTICLE 41, TITLE 3
§ 4138-b. Birth certificate: foreign country adoption. Whenever the
adoption or finalization of a foreign adoption or recognition of a
foreign adoption of a child pursuant to section one hundred eleven-c of
the domestic relations law has been reported to the commissioner, the
commissioner shall file a birth certificate for the child provided there
is no other birth certificate or other birth record on file other than
in the country where such child 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; a copy of
the adoption documents of the jurisdiction or country in which the child
was adopted; a certified translation of the foreign adoption documents,
evidence of the date and place of the child'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 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 which
has been filed by a local registrar and all supporting documentation
shall be submitted by the local registrar to the commissioner who shall
file a new birth certificate pursuant to this section.