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A00928 - THUMBS DOWN (SEE UNDERLINED PASSAGE)
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Summary:
SAME AS: S446

SPONSOR: Stringer
COSPNSR: Dinowitz, Seddio, Gottfried, Rivera P, Gordon, Powell
MLTSPNSR: Aubertine, Cook, DelMonte, Galef, Lavelle, Lopez, Rivera J, Sanders, Tonko, Towns, Weisenberg, Wright
Add S4138-e, and SS4138, 4138-d & 4104, Pub Health L; and S114, Dom Rel L

Enacts Bill of Adoptee Rights clarifying language and procedures for obtaining birth certificates and medical histories of adoptees; allows adopted adults to learn who their birth parents are when they reach the age of 18, subject to a contact preference filed by the birth parents.
A00928 Actions: 01/18/2005 referred to judiciary
A00928 Votes:
A00928 Memo:

TITLE OF BILL: An act to amend the public health law and the domestic relations law, in relation to enacting the bill of adoptee rights

PURPOSE OR GENERAL IDEA OF BILL: This bill would allow adopted adults to learn who their birth parents are when they reach their 18th birthday.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the public health law by adding a new section, 4138-e to establish the "Bill of Adoptee Rights." Among the rights, stated in section 2-4, is the ability of an adoptee to receive an uncertified copy of their original birth certificate at age 18, provided they have proper identification and pay a nominal fee.

Section 4 states that a contact preference may be filed at any time by the birth parent(s) which shall prohibit the adoptee from making contact, though it will not diminish the right of the adopted person to receive updated health information. The contact preference may be rescinded by the birth parent(s) at any time.

Sections 5-10 amend section 4138 of the public health law, which governs the issuance of birth certificates, so as to allow an adult adoptee to have a birth certificate reflect original data; include any name changes to the adoptee; reflect current addresses; and requires the department of health to accept additional data and information supplied by birth relatives, which must be provided to the adoptive parents of the minor adoptee and directly to adoptees over the age of 18. The Governor shall appoint a citizens' task force to review and assess the progress and administration of the bill's initiatives.

EXISTING LAW: There is no existing proprietary right to birth data by adoptee.
JUSTIFICATION: There are currently over 6 million adoptees in the United States for whom most know nothing about their birth parents because of state laws which seal all adoption records. New York is one of those states. Many of these laws were instituted in the 1930s and 40s to prevent the adoptee from being labeled "illegitimate" or "bastard." Social values have changed tremendously since those days and there is no longer the same longer the same stigma attached to adoption. The sealing of these records is now hurting the people they were designed to protect.
There are at least three fundamental reasons why adoptees should be allowed to find out who their birth parents are. First, adoptees are prevented from gaining access to medical information needed for preventive health care. As more and more illnesses are traced to genetic factors, adoptees should know the medical history of their birth parents. Second, adoptees are denied the knowledge of their religious and ethnic heritage and third, they are denied the rights to know about their family history. The purpose of a contact preference is to protect the privacy of the birthparent(s). The contact preference, which may be repealed at any time, allows a birthparent(s) to prevent an adoptee from learning who her or his birthparents were, while still allowing the adoptee to obtain updated health information. Opening adoption records for adults would give them some of the basic facts of their own existence which most people take for granted.

PRIOR LEGISLATIVE HISTORY:
A6238B (2003-04): Held for Consideration in Judiciary
A7943 (2001-02): Referred to Judiciary
A7541A (1999-00): Referred to Judiciary
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect one year after it shall have become a law, provided, however, that, effective immediately, the commissioner of health is directed to promulgate such rules and regulations as may be necessary to carry out provisions of this act.

Subject: NYSAR's 2005 Bill Text: A00928 (S446) http://assembly.state.ny.us/leg/?bn=A00928&sh=t

STATE OF NEW YORK
928 2005-2006 Regular Sessions
IN ASSEMBLY
January 18, 2005
Introduced by M. of A. STRINGER, DINOWITZ, SEDDIO, GOTTFRIED, P. RIVERA, GORDON, POWELL
-- Multi-Sponsored by --
M. of A. AUBERTINE, COOK, DelMONTE, GALEF, LAVELLE, LOPEZ, J. RIVERA, SANDERS, TONKO, TOWNS, WEISENBERG, WRIGHT

-- Read once and referred to the Committee on Judiciary
AN ACT to amend the public health law and the domestic relations law, in relation to enacting the bill of adoptee rights

THE PEOPLE OF THE STATE OF NEW YORK,
REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new section 4138-e to read as follows:
3 S 4138-E. BILL OF ADOPTEE RIGHTS. 1. THIS SECTION SHALL BE KNOWN AND
4 MAY BE CITED AS THE "BILL OF ADOPTEE RIGHTS".
5 2. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWLEDGE,
6 SUPPORT, AND ENCOURAGE THE LIFE-LONG HEALTH AND WELL-BEING NEEDS OF
7 ADULTS WHO HAVE BEEN AND WILL BE ADOPTED IN THE STATE OF NEW YORK. THE
8 LEGISLATURE FURTHER RECOGNIZES THAT THE DENIAL OF ACCESS TO ACCURATE AND
9 COMPLETE MEDICAL AND SELF-IDENTIFYING DATA OF ANY CITIZEN, KNOWN AND
10 WILFULLY WITHHELD BY OTHERS, MAY RESULT IN THAT CITIZEN SUCCUMBING TO
11 PREVENTABLE DISEASE, PREMATURE DEATH OR OTHERWISE UNHEALTHY LIFE, IS A
12 VIOLATION OF THAT CITIZEN`S CIVIL RIGHTS AND IS CONTRARY TO THE TENETS
13 OF GOVERNANCE. AS SUCH, THE PROVISIONS OF THIS SECTION SEEK TO ESTABLISH
14 CONSIDERATIONS UNDER THE LAW FOR ADOPTED PERSONS EQUAL TO SUCH CONSIDER-
15 ATIONS PERMITTED BY LAW TO ALL NON-ADOPTED CITIZENS; THIS SECTION DOES
16 SO WHILE PROVIDING FOR THE NEED OF PRIVACY FOR THAT ADOPTED CITIZEN AND
17 HIS OR HER BIRTH AND ADOPTIVE FAMILIES.
18 18 3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED
19 PERSON ATTAINS THE AGE OF EIGHTEEN YEARS, THAT PERSON SHALL HAVE THE
20 RIGHT TO RECEIPT OF A CERTIFIED COPY OF HIS OR HER ORIGINAL (LONG FORM,
21 LINE BY LINE VAULT COPY) BIRTH CERTIFICATE AND ANY CHANGE HIS OR HER
22 BIRTH PARENT OR PARENTS MAY HAVE ATTACHED TO THAT CERTIFICATE, UPON

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets { }is old law to be omitted.

LBD01682-01-5
A. 928 2

1 APPLICATION, PRESENTATION OF PROOF OF IDENTIFICATION AND THE PAYMENT OF
2 A NOMINAL FEE.
3 (B) WHEN IT SHALL BE IMPOSSIBLE THROUGH GOOD-FAITH EFFORTS TO PROVIDE
4 A COPY OF AN ADULT ADOPTED PERSON`S ORIGINAL BIRTH CERTIFICATE (AS IN
5 THE CASE OF AN ADOPTED PERSON BORN OUTSIDE OF, BUT ADOPTED WITHIN, THE
6 STATE OF NEW YORK), THE ADULT ADOPTED PERSON SHALL HAVE THE RIGHT TO
7 SECURE FROM A COURT OF COMPETENT JURISDICTION OR THE ADOPTION AGENCY THE
8 TRUE AND CORRECT IDENTIFYING INFORMATION THAT WOULD HAVE APPEARED ON HIS
9 OR HER ORIGINAL BIRTH CERTIFICATE. IN SUCH CASE THE AGENCY SHALL BE HELD
10 HARMLESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
11 4. (A) A BIRTH PARENT MAY AT ANY TIME REQUEST FROM THE DEPARTMENT A
12 CONTACT PREFERENCE FORM THAT SHALL ACCOMPANY A BIRTH CERTIFICATE ISSUED
13 UNDER THIS TITLE. THE CONTACT PREFERENCE FORM SHALL PROVIDE THE FOLLOW-
14 ING INFORMATION TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
15 (1) I WOULD LIKE TO BE CONTACTED.
16 (2) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY.
17 (3) I PREFER NOT TO BE CONTACTED AT THIS TIME. IF I DECIDE LATER THAT
18 I WOULD LIKE TO BE CONTACTED, I WILL SUBMIT AN UPDATED CONTACT PREFER-
19 ENCE FORM TO THE DEPARTMENT. I HAVE COMPLETED AN UPDATED MEDICAL HISTORY
20 FORM AND HAVE FILED IT WITH THE DEPARTMENT.
21 THE MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE DEPART-
22 MENT AND SHALL BE SUPPLIED TO THE BIRTH PARENT UPON REQUEST OF A CONTACT
23 PREFERENCE FORM FROM THE DEPARTMENT.
24 ONLY THOSE PERSONS WHO ARE AUTHORIZED TO PROCESS APPLICATIONS MADE
25 UNDER THIS TITLE MAY PROCESS CONTACT PREFERENCE AND MEDICAL HISTORY
26 FORMS.
27 THE MEDICAL HISTORY FORM AND CONTACT PREFERENCE FORM ARE CONFIDENTIAL
28 COMMUNICATIONS FROM THE BIRTH PARENT TO THE PERSON NAMED ON THE SEALED
29 BIRTH CERTIFICATE AND SHALL BE PLACED IN A SEALED ENVELOPE UPON RECEIPT
30 FROM THE BIRTH PARENT. THE SEALED ENVELOPE SHALL BE MATCHED WITH AND
31 PLACED IN THE FILE CONTAINING THE SEALED BIRTH CERTIFICATE.
32 THE SEALED ENVELOPE CONTAINING THE CONTACT PREFERENCE FORM AND MEDICAL
33 HISTORY FORM SHALL BE RELEASED TO A PERSON REQUESTING HIS OR HER OWN
34 ORIGINAL BIRTH CERTIFICATE UNDER THIS TITLE. THE CONTACT PREFERENCE FORM
35 AND MEDICAL HISTORY FORM ARE A PRIVATE COMMUNICATION FROM THE BIRTH
36 PARENT TO THE PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND NO COPIES
37 OF THE FORMS SHALL BE RETAINED BY THE DEPARTMENT.
38 (B) UPON RECEIPT OF UPDATED HEALTH INFORMATION, THE DEPARTMENT SHALL
39 PROVIDE NOTICE OF ITS RECEIPT TO THE ADOPTIVE PARENT OR PARENTS OF A
40 MINOR CHILD OR DIRECTLY TO THE ADOPTED PERSON WHO HAS ATTAINED THE AGE
41 OF EIGHTEEN, AS PROVIDED BY SECTION FOUR THOUSAND THIRTY-EIGHT-C OF THIS
42 TITLE. SAID NOTIFICATION WILL INCLUDE INSTRUCTIONS FOR RETRIEVAL OF SAID
43 INFORMATION, WHICH SHALL BE NON-IDENTIFYING.
44 5. WITHIN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, THE
45 GOVERNOR SHALL APPOINT A VOLUNTARY CITIZENS TASK FORCE TO REVIEW, ASSESS
46 AND REPORT ON THE PROGRESS AND ADMINISTRATION OF INITIATIVES ESTABLISHED
47 PURSUANT TO THIS SECTION. THE TASK FORCE, WHICH SHALL CONSIST OF EQUAL
48 NUMBERS OF ADOPTED PERSONS, BIRTH PARENTS, ADOPTIVE PARENTS AND ADOPTION
49 PROFESSIONALS, SHALL MAKE RECOMMENDATIONS TO IMPROVE THE ADMINISTRATION
50 OF THE INITIATIVES ESTABLISHED IN THIS SECTION. THE TASK FORCE SHALL
51 HAVE FULL ACCESS TO THE DEPARTMENT`S, THE OFFICE OF CHILDREN AND FAMILY
52 SERVICES` AND THE FAMILY AND SURROGATE COURTS` FILES OF NON-IDENTIFYING
53 STATISTICAL DATA, INCLUDING THE METHODS OF ITS COLLECTION AND STANDARDS
54 FOR QUALITY CONTROL. WITHIN ONE YEAR OF ITS CREATION, THE TASK FORCE
55 WILL SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AND THE PUBLIC INCLUD-
56 ING, BUT NOT LIMITED TO, THE FOLLOWING:

A. 928 3

1 (A) THE NUMBER OF ORIGINAL CERTIFIED BIRTH CERTIFICATES REQUESTED BY
2 ADOPTED PERSONS;
3 (B) THE NUMBER OF ORIGINAL CERTIFIED BIRTH CERTIFICATES PROVIDED TO
4 ADOPTED PERSONS;
5 (C) THE NUMBER OF CONTACT PREFERENCES FILED BY BIRTH PARENT OR
6 PARENTS; AND
7 (D) THE NUMBER OF CONTACT PREFERENCES RESCINDED BY BIRTH PARENT OR
8 PARENTS.
9 S 2. Subdivision 5 of section 4138 of the public health law, as
10 amended by chapter 201 of the laws of 1972, is amended to read as
11 follows:
12 5. Thereafter, when a certified copy or certified transcript of the
13 certificate of birth of such a person, or a certification of birth for
14 such person is issued, it shall be based upon the new certificate of
15 birth, except when an order of a court of competent jurisdiction shall
16 require the issuance of a copy of the original certificate of birth OR
17 UPON A WRITTEN NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF OR
18 HERSELF ONCE PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
19 S 3. Paragraph (b) of subdivision 3 of section 4138 of the public
20 health law, as added by chapter 201 of the laws of 1972, is amended to
21 read as follows:
22 (b) Thereafter, when a verified transcript or certification of birth
23 of such person is issued by the registrar, it shall be based upon the
24 new certificate, except when an order of a court of competent jurisdic-
25 tion shall require the issuance of a verified transcript or certif-
26 ication based upon the original local record of birth OR UPON A WRITTEN
27 NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF OR HERSELF ONCE
28 PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR.
29 S 4. Subdivision 7 of section 4138 of the public health law, as
30 amended by chapter 644 of the laws of 1988, is amended to read as
31 follows:
32 7. Whenever the commissioner makes a new birth certificate for any
33 person pursuant to the provisions of subdivision one of this section, he
34 OR SHE shall forward to such person, if eighteen years of age or more,
35 {or to the parents of such person,} a certified copy, a certified tran-
36 script {or} AND a certification of birth, {whichever he deems appropri-
37 ate under the circumstances,} without making any charge therefor.
38 S 5. Section 4138 of the public health law is amended by adding three
39 new subdivisions 8, 9 and 10 to read as follows:
40 8. (A) AN ADOPTED PERSON EIGHTEEN YEARS OF AGE OR OLDER, OR THE BIRTH
41 PARENT OR PARENTS, MAY SUBMIT TO THE REGISTRAR A NOTICE OF CHANGE OF
42 NAME AND/OR ADDRESS AND SUCH INFORMATION SHALL BE ATTACHED TO THE
43 ORIGINAL BIRTH CERTIFICATE OF THE ADOPTED PERSON.
44 (B) THE REGISTRAR SHALL DISCLOSE TO THE BIRTH PARENT OR PARENTS AT
45 SUCH PARENT`S OR PARENTS` REQUEST, THE MOST CURRENT NAME AND ADDRESS OF
46 AN ADOPTED PERSON IF THAT ADOPTED PERSON HAS REQUESTED SO BY FILING A
47 NOTARIZED LETTER WITH THE REGISTRAR.
48 9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED PERSON
49 ATTAINS THE AGE OF EIGHTEEN YEARS, HE OR SHE SHALL HAVE THE RIGHT, UPON
50 APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE, TO A CERTI-
51 FIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE BY LINE, VAULT COPY
52 BIRTH CERTIFICATE.
53 10. THE DEPARTMENT SHALL ACCEPT ADDITIONAL INFORMATION FROM BIRTH
54 RELATIVES OF AN ADOPTED PERSON AND SHALL UPDATE ITS RECORDS CONTINUOUS-
55 LY, USING INFORMATION RECEIVED FROM SUCH BIRTH RELATIVES. WITHIN NINETY
56 DAYS OF RECEIPT, THIS DATA WILL BE PROVIDED TO THE ADOPTIVE PARENT OR

A. 928 4

1 PARENTS OF A MINOR CHILD OR DIRECTLY TO AN ADOPTED PERSON WHO HAS
2 ATTAINED THE AGE OF EIGHTEEN OR TO HIS OR HER LEGAL REPRESENTATIVE.
3 S 6. Paragraph (b) of subdivision 3 of section 4138-d of the public
4 health law, as amended by chapter 588 of the laws of 1999, is amended to
5 read as follows:
6 (b) If the agency determines that the agency was involved in such
7 adoption, it shall transmit the registration to the adoption information
8 registry operated by the department and the agency shall release the
9 non-identifying information, as defined in section four thousand one
10 hundred thirty-eight-c of this {article} TITLE, to the {adoptee regis-
11 trant} ADOPTED PERSON or the biological sibling registrant. {The agency
12 may restrict the nature of the non-identifying information released
13 pursuant to this section upon a reasonable determination that disclosure
14 of such non-identifying information would not be in the adoptee's, the
15 biological sibling's or parent's best interest.}
16 S 7. Section 4104 of the public health law, as amended by chapter 398
17 of the laws of 1997, is amended to read as follows:
18 S 4104. Vital statistics; application of article. The provisions of
19 this article, except for the provisions contained in paragraph (i) of
20 subdivision two of section four thousand one hundred, section four thou-
21 sand one hundred three, subdivision two of section four thousand one
22 hundred thirty-five, section four thousand one hundred thirty-five-b,
23 subdivision eight of section four thousand one hundred seventy-four,
24 paragraphs (b) and (e) of subdivision one, PARAGRAPH (B) OF SUBDIVISION
25 THREE, AND SUBDIVISIONS FIVE, SEVEN, EIGHT, NINE, AND TEN of section
26 four thousand one hundred thirty-eight, PARAGRAPH (B) OF SUBDIVISION
27 THREE OF SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-D, SECTION FOUR
28 THOUSAND ONE HUNDRED THIRTY-EIGHT-E, and section four thousand one
29 hundred seventy-nine, shall not apply to the city of New York.
30 S 8. Subdivision 1 of section 114 of the domestic relations law, as
31 amended by chapter 751 of the laws of 1989 and designated by chapter 601
32 of the laws of 1994, is amended to read as follows:
33 1. If satisfied that the best interests of the adoptive child will be
34 promoted thereby, the judge or surrogate shall make an order approving
35 the adoption and directing that the adoptive child shall thenceforth be
36 regarded and treated in all respects as the child of the adoptive
37 parents or parent. In determining whether the best interests of the
38 adoptive child will be promoted by the adoption, the judge or surrogate
39 shall give due consideration to any assurance by a LOCAL commissioner of
40 social services that he OR SHE will provide necessary support and main-
41 tenance for the adoptive child pursuant to the social services law. Such
42 order shall contain the full name, date and place of birth and reference
43 to the schedule annexed to the petition containing the medical history
44 of the child in the body thereof and shall direct that the child's
45 medical history, heritage of the BIRTH parents, which shall include
46 nationality, ethnic background and race; education, which shall be the
47 number of years of school completed by the BIRTH parents at the time of
48 the birth AND ALSO AT THE TIME OF SURRENDER of the adoptive child;
49 general physical appearance of the BIRTH parents at the time of the
50 birth AND ALSO AT THE TIME OF SURRENDER of the adoptive child, which
51 shall include height, weight, color of hair, eyes, skin; occupation of
52 the BIRTH parents at the time of the birth AND ALSO AT THE TIME OF
53 SURRENDER of the adoptive child; health and medical history of the BIRTH
54 parents at the time of the birth AND ALSO AT THE TIME OF SURRENDER of
55 the adoptive child, including all available information setting forth
56 conditions or diseases believed to be hereditary, any drugs or medica-

A. 928 5

1 tion taken during the pregnancy by the child's mother; and any other
2 information which may be a factor influencing the child's present or
3 future health, INCLUDING THE talents, hobbies and special interests of
4 THE BIRTH parents as contained in the petition, be furnished to the
5 adoptive parents. IN RECOGNITION OF THE IMPERATIVE LIFELONG IMPORTANCE
6 OF SUCH INFORMATION FOR THE HEALTH AND WELL-BEING OF THE ADOPTED PERSON,
7 IT SHALL BE THE DUTY OF THE LAW GUARDIAN AS PROVIDED FOR BY SECTIONS TWO
8 HUNDRED FORTY-ONE, TWO HUNDRED FORTY-TWO, TWO HUNDRED FORTY-NINE AND TWO
9 HUNDRED FORTY-NINE-A OF THE FAMILY COURT ACT AND/OR THE GUARDIAN AD
10 LITEM AS PROVIDED FOR BY SECTIONS FOUR HUNDRED TWO, FOUR HUNDRED THREE
11 AND FOUR HUNDRED FOUR OF THE SURROGATE'S COURT PROCEDURE ACT TO ENSURE
12 THE COMPREHENSIVE COMPLETION AND FILING OF ALL THE ABOVE REFERENCED
13 INFORMATION PRIOR TO THE ACCEPTANCE OF THE TERMINATION OF PARENTAL
14 RIGHTS OR THE ENTRY OF A CERTIFICATE OF ADOPTION. IT SHALL BE DEEMED BY
15 THAT LEGAL REPRESENTATIVE THAT SUCH INFORMATION IS ALWAYS IN THE BEST
16 INTEREST OF THE CHILD AND A PROTECTED RIGHT. PRIOR TO TERMINATION OF
17 DUTIES, SUCH LAW GUARDIAN OR GUARDIAN AD LITEM SHALL PROVIDE, AS
18 DIRECTED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C OF THE PUBLIC
19 HEALTH LAW AND SECTIONS THREE HUNDRED SEVENTY-THREE AND THREE HUNDRED
20 SEVENTY-THREE-A OF THE SOCIAL SERVICES LAW, TO THE RESPECTIVE RESPONSI-
21 BLE PARTIES ALL SUCH COLLECTED DATA, AND PROVIDE AN AFFIDAVIT TO THE
22 COURT REPORTING ALL DILIGENT EFFORTS TO OBTAIN SUCH DATA. A COPY OF THAT
23 AFFIDAVIT SHALL BE APPENDED TO THE ORIGINAL AND ANY AND ALL AMENDED
24 BIRTH CERTIFICATES. If the judge or surrogate is also satisfied that
25 there is no reasonable objection to the change of name proposed, the
26 order shall direct that the name of the adoptive child be changed to the
27 name stated in the agreement of adoption and that henceforth he OR SHE
28 shall be known by that name. All such orders made by a family court
29 judge of Westchester County since September first, nineteen hundred
30 sixty-two, and on file in the office of the county clerk of such county
31 shall be transferred to the clerk of the family court of such county.
32 Such order and all the papers in the proceeding shall be filed in the
33 office of the court granting the adoption and the order shall be entered
34 in books which shall be kept under seal and which shall be indexed by
35 the name of the adoptive parents and by the full original name of the
36 child. Such order, including orders heretofore entered, shall be subject
37 to inspection and examination only as hereinafter provided. Notwith-
38 standing the fact that adoption records shall be sealed and secret, they
39 may be microfilmed and processed pursuant to an order of the court,
40 provided that such order provides that the confidentiality of such
41 records be maintained. If the confidentiality is violated, the person or
42 company violating it can be found guilty of contempt of court. The fact
43 that the adoptive child was born out of wedlock shall in no case appear
44 in such order. The written report of the investigation together with all
45 other papers pertaining to the adoption shall be kept by the judge or
46 surrogate as a permanent record of his OR HER court and such papers must
47 be sealed by him OR HER and withheld from inspection. No certified copy
48 of the order of adoption shall issue unless authorized by court order,
49 except that certified copies may issue to the agency or agencies in the
50 proceeding prior to the sealing of the papers. Before the record is
51 sealed, such order may be granted upon written ex parte application on
52 good cause shown and upon such conditions as the court may impose. After
53 the record is sealed, such order may be granted only upon notice as
54 hereinafter provided for disclosure or access and inspection of records.
55 The clerk upon request of a person or agency entitled thereto shall
56 issue certificates of adoption which shall contain only the new name of

A. 928 6

1 the child and the date and place of birth of the child, the name of the
2 adoptive parents and the date when and court where the adoption was
3 granted, which certificate as to the facts recited therein shall have
4 the same force and effect as a certified copy of an order of adoption.
5 S 9. Section 114 of the domestic relations law is amended by adding a
6 new subdivision 5 to read as follows:
7 5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED PERSON
8 ATTAINS THE AGE OF EIGHTEEN YEARS, SUCH ADOPTED PERSON SHALL HAVE THE
9 RIGHT, UPON APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE,
10 TO A CERTIFIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE BY LINE,
11 VAULT COPY BIRTH CERTIFICATE.
12 S 10. This act shall take effect one year after it shall have become a
13 law, provided, however, that, effective immediately, the commissioner of
14 health is directed to promulgate such rules and regulations as may be
15 necessary to carry out the provisions of this act.

SO DOC A 928

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S01379 - THUMBS DOWN (SEE UNDERLINED PASSAGE)
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Note: Re S01379, the good news (so far) is that no one has filed a corresponding bill in the assembly; so, this should die even if the senate passes it.

http://assembly.state.ny.us/leg/?bn=S01379

S01379 Summary:
SAME AS No same as
SPONSOR PATERSON
COSPNSR ANDREWS, BROWN, DILAN, DUANE, GONZALEZ,KRUEGER, PARKER, SAMPSON
MLTSPNSR
Add S4138-b, Pub Health L

Authorizes an adoptee to receive a copy of his or her original birth certificate and any changes upon attaining the age of eighteen.

S01379 Actions:
01/27/2005 REFERRED TO HEALTH

http://assembly.state.ny.us/leg/?bn=S01379&sh=t

2005-2006 Regular Sessions

IN SENATE
January 27, 2005
Introduced by Sens. PATERSON, ANDREWS, BROWN, DILAN, DUANE, GONZALEZ, KRUEGER, PARKER, SAMPSON
-- 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 allowing adopted persons to obtain a copy of his or her original birth certificate

THE PEOPLE OF THE STATE OF NEW YORK,
REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:

1 Section 1. The public health law is amended by adding a new section
2 4138-b to read as follows:
3 S 4138-B. ADOPTEE`S RIGHT TO BIRTH CERTIFICATE. 1. NOTWITHSTANDING
4 ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED PERSON ATTAINS THE AGE OF
5 EIGHTEEN YEARS, THAT PERSON SHALL HAVE THE RIGHT TO RECEIPT OF AN UNCER-
6 TIFIED COPY OF HIS OR HER ORIGINAL (LONG FORM, LINE BYLINE VAULT COPY)
7 BIRTH CERTIFICATE AND ANY CHANGE HIS OR HER BIRTH PARENT OR PARENTS MAY
8 HAVE ATTACHED TO THAT CERTIFICATE, UPON APPLICATION, PRESENTATION OF
9 PROOF OF IDENTIFICATION AND THE PAYMENT OF A NOMINAL FEE; PROVIDED,
10 HOWEVER, THAT SUCH PERSON`S BIRTH PARENT OR PARENTS HAVE NOT FILED A
11 PETITION WITH THE DEPARTMENT TO KEEP SUCH INFORMATION CONFIDENTIAL.
12 2. WHEN IT SHALL BE IMPOSSIBLE THROUGH GOOD-FAITH EFFORTS TO PROVIDE A
13 COPY OF AN ADULT ADOPTED PERSON`S ORIGINAL BIRTH CERTIFICATE (AS IN THE
14 CASE OF AN ADOPTED PERSON BORN OUTSIDE OF, BUT ADOPTED WITHIN, THE STATE
15 OF NEW YORK), THE ADULT ADOPTED PERSON SHALL HAVE THE RIGHT TO SECURE
16 FROM A COURT OF COMPETENT JURISDICTION OR THE ADOPTION AGENCY THE TRUE
17 AND CORRECT IDENTIFYING INFORMATION THAT WOULD HAVE APPEARED ON HIS OR
18 HER ORIGINAL BIRTH CERTIFICATE; PROVIDED, HOWEVER, THAT SUCH PERSON`S
19 BIRTH PARENT OR PARENTS HAVE NOT FILED A PETITION WITH THE DEPARTMENT TO
20 KEEP SUCH INFORMATION CONFIDENTIAL.
21 S 2. This act shall take effect immediately.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted.

LBD06858-01-5
.SO DOC S 1379
2005

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A01816 - THUMBS DOWN (SEE UNDERLINED PASSAGE)
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Confidential Intermediary Bill: A01816
This doesn't have a corresponding bill in the senate; so, it's not going anywhere even if the assembly passes it.

http://assembly.state.ny.us/leg/?bn=A01816

A01816 Summary:
SAME AS No same as
SPONSOR DelMonte
COSPNSR
MLTSPNSR
Add S4138-e, Pub Health L

Establishes a voluntary confidential intermediary adoption program to search for and contact a birth parent or adopted person upon the request of a birth parent or adopted person; voluntary confidential intermediary shall undergo training and are appointed by the family court.

A01816 Actions:
01/21/2005 referred to judiciary
A01816 Votes:
A01816 Memo:

TITLE OF BILL: An act to amend the public health law, in relation to establishing a voluntary confidential intermediary adoption program to help in the search for a birth parent or adopted person

PURPOSE: To create a confidential third party intermediary program, to help facilitate the bringing together of adoptive parents and their adopted children.

SUMMARY OF PROVISIONS: Section 1 amends the public health law by adding a new section 4138-e which would establish a voluntary confidential intermediary adoption program. This program would allow a person over the age of 21 or, an adopted person under 21 with permission of an adopted parent or, a birth parent or, member of the birth parent's family once the adopted child has reached 21, to petition the family court to appoint a confidential intermediary.

Subsection 2 states that if an intermediary is appointed, the intermediary shall discreetly search and contact the birth parent or adopted person. If birth parent or adoptee are not alive or cannot be located within a year, then the intermediary may try to locate certain members of the family.

Subsection 3 states that confidential intermediaries appointed under this section shall complete training, and thereafter, file an oath of confidentiality and a certificate of completion of training with the family court of every county in which they serve as intermediaries. This section also states that any cost for training shall be borne by the confidential intermediary. Also grants the courts power to dismiss intermediaries if they engage in conduct in violation of professional or ethical standards.

Subsection 4 specifies the confidentiality statement that the confidential intermediary must sign.

Subsection 5 states that the intermediary shall be entitled to reimbursement from the petitioner for actual expenses and that the court may in addition authorize a reasonable fee.

Subsection 6 states that after a year if the person being sought is not located, the confidential intermediary shall recommend to the court whether or not a further search is warranted and why.

Subsection 7 provides that for petitions filed on behalf of a natural parent or other blood relative of the adoptee, written consent of any living adoptive parent shall be obtained prior to contact with the adoptee if the adoptee is less than 25 and residing with the adoptive parent, or is less than 25 and is a dependent of the adoptive parent.

Subsection 8 sets for the process for proceeding with contact if the person being sought is located. The court must approve before any identifying information may be disclosed. If the party consents the intermediary shall get such disclosure in writing and file the original with the court. If they refuse, the refusal shall be reported to the court and shall refrain from any further inquiries without judicial approval.

Subsection 9 provides that if the intermediary obtains written consent from the person being sought, the court may then order that the name and identifying information of that person be released to the petitioner. Also states that if the person being sought is deceased the court may order disclosure of the information to the petitioner. If the confidential intermediary is unable to contact the person being sought within1 year, the court may order the search to continue for a specified time, or to be terminated.

Section 2 is the effective date.

JUSTIFICATION: There are over 1.5 million adopted children in the United States. The Evan B. Donaldson Adoption Institute reports that 58% of United States citizens know someone who has been adopted, has adopted a child or has relinquished a child for adoption. Information provided by Americans for Open Records report that 80% of birth parents search for their adopted children, and that 80% of adoptees at one time have searched for their birth parents. The confidential intermediary system that is in place in Arizona reports that in its 8 years of existence, only 9% of all cases opened have resulted in an individual choosing to not release any information.

Allowing adoptees to contact their birth parent is an important right. Not only for the emotional well being of the individual, but also to find out medical and genetic information pertinent concerning oneself and having children. It is very important to give adoptees the same rights as their non-adopted brethren, the right to know about the family they come from, their medical history, and their heritage.

LEGISLATIVE HISTORY: 2003-04 A.8755 Referred to
Judiciary. S.6127 Referred to Rules

FISCAL IMPLICATIONS: To be Determined.

EFFECTIVE DATE: 120 days after it has become law. Provided, that effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before the effective date.

Disclosure of death of adoptee or natural parent: A02983 Summary:
http://assembly.state.ny.us/leg/?bn=A02983

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A02983 - NO POSITION
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A02983 Summary:
SAME AS No same as
SPONSOR Tedisco
COSPNSR Kolb
MLTSPNSR Bacalles, Barraga, O`Mara

Amd SS4138-c & 4138-d, Pub Health L

Authorizes the estate of either a natural parent or an adopted child to disclose the death of such person for inclusion in the health department's adoption information registry or an adoption agency's mutual consent voluntary adoption registry.

A02983 Actions:
01/31/2005 referred to children and families
A02983 Votes:
A02983 Memo:
TITLE OF BILL: An act to amend the public health law, in relation to authorizing disclosure of the death of biological parents and adoptive children by the adoption information registry and by the mutual consent voluntary adoption registry

PURPOSE OR GENERAL IDEA OF BILL:
To provide an avenue whereby biological parents and/or adoptive children who desire notification - can be notified of the death of the adoptive child or biological parents, respectively.

An intermediary is designated to guard the confidentiality of the adoption process. The bill authorizes the state adoption information registry and mutual consent voluntary adoption registries to give notice of death to registered parties. Notification can only be released upon mutual consent (and registration) of affected parties.

SUMMARY OF SPECIFIC PROVISIONS:
Section 4138-c of the Public Health Law is amended expanding the authority of the state adoption registry to release notice of death of biological parent and adoptive child. The department will release such information only to parent and/or child, and only after mutual registration and compliance of affected parties.

Section 4l38-d of the Public Health Law is amended granting mutual consent voluntary adoption registry(ies) like authority to that granted state adoption registry.

JUSTIFICATION:
Natural bonds between parent and child are not always severed by adoption. Biological parents, in many cases, wonder and worry about their child long after an adoption. In addition, adoptive children are often concerned about the fate of their biological parent(s). There is a mounting trend among states to allow adoptees access to certain information contained in adoption records, through voluntary mutual consent adoption registries. New York had been the leader in this movement, establishing in 1983 (Chapter 898), a state adoption information registry. This bill increases the enumerated list of "non-identifying information" to include notification of death of biological parent and/or adoptive child. The bill recognizes and guards the privacy of all parties, allowing notification only with the mutual consent and compliance of affected parties as detailed in the bill.

PRIOR LEGISLATIVE HISTORY:
2004: referred to children and families
2003: held for consideration in Children and Families
2002: A.3135 held for consideration in Children and Families
1998 referred to children and families
01/24/95 referred to children and families
06/13/95 held for consideration in children and families
01/03/96 referred to children and families

FISCAL IMPLICATIONS:
The costs of notification are according to fee schedule of the adoption information registry, and are to be borne by the party requesting and receiving information.

EFFECTIVE DATE:
Immediately.

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A02982 - THUMBS DOWN (Well-intentioned but not practical, cost should be born by state)
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Disclosure of Hereditary Diseases after Adoption: A02982 Summary
http://assembly.state.ny.us/leg/?bn=A02982

A02982 Summary:
SAME AS No same as
SPONSOR Tedisco
COSPNSR Butler, Errigo, Kolb, Wirth
MLTSPNSR Acampora, Bacalles, Barraga, Calhoun, Crouch, Fitzpatrick, Kirwan, Mosiello, O`Mara, Scozzafava

Add S373-b, Soc Serv L
Requires the disclosure of an hereditary disease suffered by a biological parent or an adopted child which is discovered after an adoption to be made to the corresponding party through the use of the adoption intermediary through whom the adoption was completed.

A02982 Actions:
01/31/2005 referred to children and families
A02982 Votes:
A02982 Memo:
TITLE OF BILL: An act to amend the social services law, in relation to requiring disclosure of hereditary diseases of an adopted child or the biological parents of an adopted child

PURPOSE OR GENERAL IDEA OF BILL:
To protect the best interests of the biological parents, adopted children and adoptive parents by requiring notification upon discovery of a hereditary disease carried by the biological parents or the adoptive child, when the hereditary disease is involved with an adoption.

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new section, 373-b, to the Social Services Law; which requires that both parties involved in an adoption shall be required to immediately contact the intermediary of the adoption with information concerning a hereditary disease carried by the adopted child or by the biological parent.

The intermediary, upon receiving notice from a biological or adoptive parent, shall be required to notify the corresponding parent, and provide appropriate information concerning the hereditary disease. The adoption intermediary shall maintain the confidentiality of all persons involved in the adoption and shall only provide the pertinent information concerning the hereditary disease.

JUSTIFICATION:
When an adoptive child is discovered to have a hereditary disease, in most cases, biological parents remain unaware because adoptive parents fail to notify them. They have, therefore, no idea that they are carriers of the hereditary disease. The biological parents also will be unaware that subsequent offspring will be susceptible to the disease.

PRIOR LEGISLATIVE HISTORY:
2004: Held for consideration in Children and Families
2004 referred to children and families
2002: A.3133 Held for consideration in Children and Families
1998 held for consideration in children and families
01/03/96 referred to social services
03/11/96 reference changed to children and families
01/24/95 referred to social services
1994: A.9859 - Referred to Social Services
1990: A.9859 - Referred to Children and Families
1989: A.9859 - Referred to Children and Families

FISCAL IMPLICATIONS:
Costs will be assumed by the parties involved in the adoption.

EFFECTIVE DATE:
Immediately.

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OTHER BILLS PERTAINING TO ADOPTION
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You can look up any NY bills here: http://assembly.state.ny.us/leg/

A00297 Provides that an approved adoptive parent whose request to adopt a particular child is denied shall be granted a hearing in certain circumstances

A00674 Provides for transfer of guardianship and custody of infants abandoned pursuant to the abandoned infant protection act

A01900 Relates to granting full faith and credit to adoption orders from foreign countries

A03259 Eliminates need for consent of parent to adoption of a child when such parent has previously consented, in writing, to other parent's surrender of child

S00488 Provides for transfer of guardianship and custody of infants abandoned pursuant to the abandoned infant protection act

S00497 Eliminates need for consent of parent to adoption of a child when such parent has previously consented, in writing, to other parent's surrender of child

S00658 Directs the office of children and family services to establish a post-adoption information and referral services program

S01302 Allows the name of a deceased petitioner for adoption, who died prior to the legal completion of the adoption, to be included on the new birth certificate as a parent

S01307 Establishes the post-adoption services program under the direction of the office of children and family services; appropriation

New York has an Adoption and Medical Information Registry:

Registration is free, although you'll have to have your signature notarized. Be sure that you check off the boxes for identifying, non-identifing and medical information. The Registry should acknowledge receipt of your registration within 2 weeks, but it takes them nearly 6 months to send you the information you requested.

If you were adopted through an agency (such as Catholic Charities), you are also entitled to non-identifying information from the agency. Agencies require their own copy of the same form that the state uses. If you were placed by an agency, I suggest that you complete 2 copies of the registration form and have both of them notarized at the same time.