Legislation

* § 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.

* NB Effective until December 21, 2025

* § 4138-b. Birth certificate: foreign adoption. 1. Whenever the
finalization of a foreign adoption or recognition of a foreign adoption
of a 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
adopted person provided there is no other birth certificate or other
birth record on file other than in the country where such 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 adoptee was adopted in a foreign country
or jurisdiction, a copy of the adoption documents of the jurisdiction or
country in which the person was adopted; a certified translation of the
foreign adoption documents, evidence of the date and place of the
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 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 issued pursuant to this section 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.

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.

* NB Effective December 21, 2025