Relates to adoptions from a foreign country.
Sponsor: Lavine
Committee: JUDICIARY
Law Section: Domestic Relations Law
Law: Amd S111-c, Dom Rel L; amd S4138-b, Pub Health L
Law Section: Domestic Relations Law
Law: Amd S111-c, Dom Rel L; amd S4138-b, Pub Health L
A10179-2011 Actions
- Aug 17, 2012: signed chap.395
- Aug 6, 2012: delivered to governor
- Jun 20, 2012: RETURNED TO ASSEMBLY
- Jun 20, 2012: PASSED SENATE
- Jun 20, 2012: 3RD READING CAL.1392
- Jun 20, 2012: SUBSTITUTED FOR S7548
- Jun 14, 2012: REFERRED TO RULES
- Jun 14, 2012: delivered to senate
- Jun 14, 2012: passed assembly
- Jun 11, 2012: ordered to third reading rules cal.127
- Jun 11, 2012: rules report cal.127
- Jun 11, 2012: reported
- Jun 5, 2012: reported referred to rules
- May 17, 2012: print number 10179a
- May 17, 2012: amend and recommit to judiciary
- May 10, 2012: referred to judiciary
A10179-2011 Votes
VOTE: FLOOR VOTE:
- Jun 20, 2012
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (2): Espaillat, Huntley
A10179-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
10179
I N ASSEMBLY
May 10, 2012
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the domestic relations law and the public health law, in
relation to adoptions from a foreign country
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 of section 111-c of the
domestic relations law, as added by chapter 329 of the laws of 2008, is
amended to read as follows:
(b) the validity of the foreign adoption has been verified by the
granting of an IR-3 [immigrant visa], IH-3, or a successor immigrant
visa, for the child by the United States Citizenship and Immigration
Services.
S 2. Subdivision 3 of section 111-c of the domestic relations law, as
added by chapter 329 of the laws of 2008, is amended to read as follows:
3. Either adoptive parent or a guardian or a guardian ad litem may
register the order in this state with the judge or surrogate of the
county in which the adoptive parent or parents reside. A petition for
registration of a foreign adoption order may be combined with a petition
for a name change. If the court finds that the foreign adoption order
meets the requirements of subdivision one of this section, the court
shall issue a finding as to aspects of the foreign adoption, to wit, the
names of the adoptive parents, the name or names and reported birth date
of the adoptive child, the country of the adoptive child's birth, the
country and the date of the foreign adoption, the state residency of the
adoptive parent or parents and adoptive child, and a finding as to the
date and issuance of an IR-3, IH-3, OR A SUCCESSOR immigrant visa; and,
the court shall issue an order of adoption to the party who has peti-
tioned for such an order.
S 3. Section 4138-b of the public health law, as amended by chapter
181 of the laws of 2010, is amended to read as follows:
S 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15732-01-2
A. 10179 2
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 [or IR-4 immigrant visa status], IH-3, 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.
S 4. This act shall take effect immediately.

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