S T A T E   O F   N E W   Y O R K
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                                  3298

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by M. of A. WEPRIN, BORELLI -- Multi-Sponsored by -- M. of A.
  ARROYO,  BLANKENBUSH,  BUTLER,  CAMARA,  CERETTO, CLARK, COLTON, COOK,
  CROUCH, DINOWITZ, DUPREY,  ENGLEBRIGHT,  FAHY,  FARRELL,  FITZPATRICK,
  GALEF,  GARBARINO,  GIGLIO,  GOTTFRIED, GRAF, GUNTHER, HOOPER, JAFFEE,
  KATZ, KOLB, LAVINE, LIFTON, LOPEZ, LUPARDO, MAGEE, MAGNARELLI,  McKEV-
  ITT, MILLER, MONTESANO, MOYA, OAKS, PALMESANO, PAULIN, PEOPLES-STOKES,
  PERRY,  PRETLOW,  RAIA,  RAMOS,  RIVERA, ROBERTS, ROBINSON, ROSENTHAL,
  SCARBOROUGH, SCHIMEL, TEDISCO, TENNEY, THIELE, TITONE, WRIGHT, ZEBROW-
  SKI -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to creating the  bill
  of adoptee rights

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

  Section 1. The public health law is amended by adding  a  new  section
4138-e to read as follows:
  S  4138-E. BILL OF ADOPTEE RIGHTS. 1. (A) COMMENCING ON JANUARY FIRST,
TWO THOUSAND SEVENTEEN, EXCEPT AS PROVIDED IN SUBDIVISION TWO  OR  THREE
OF  THIS SECTION, AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, A
PERSON EIGHTEEN YEARS OF AGE OR MORE WHO WAS BORN IN THIS STATE AND THEN
ADOPTED AND WHOSE LONG-FORM BIRTH CERTIFICATE WAS THEN  SEALED  IN  THIS
STATE,  MAY  OBTAIN A CERTIFIED COPY OF SUCH LONG-FORM BIRTH CERTIFICATE
FROM THE DEPARTMENT IN ACCORDANCE WITH THIS SECTION. (B) SUCH  A  CERTI-
FIED  COPY  OF  A LONG-FORM BIRTH CERTIFICATE SUPPLIED BY THE DEPARTMENT
SHALL INCLUDE A LEGEND, APPEARING PROMINENTLY ON EACH PAGE OF THE  DOCU-
MENT PROVIDED, STATING AS FOLLOWS:
  THIS  IS  A  CERTIFIED  COPY  OF  AN  ORIGINAL BIRTH CERTIFICATE. THIS
ORIGINAL BIRTH CERTIFICATE HAS BEEN SUPERSEDED BY ANOTHER CERTIFICATE ON
FILE WITH THE APPROPRIATE GOVERNMENT AGENCY.
  2. AT ANY TIME PRIOR TO  JANUARY  FIRST,  TWO  THOUSAND  SEVENTEEN,  A
PERSON  LISTED  AS  A  BIRTH  PARENT  ON  A CONFIDENTIAL LONG-FORM BIRTH
CERTIFICATE MAY, IN WRITING, CONFIRM THAT HE OR SHE WISHES  TO  MAINTAIN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01110-02-5
              

A. 3298                             2

THE  CONFIDENTIALITY  OF  SUCH  DOCUMENT.  IF  A WRITTEN CONFIRMATION AS
DESCRIBED IN THIS SUBDIVISION IS RECEIVED FROM SUCH A  BIRTH  PARENT  BY
THE  DEPARTMENT ON OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN, THEN
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH
LONG-FORM  BIRTH  CERTIFICATE  PROVIDED,  HOWEVER, THAT PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION SHALL APPLY ON OR AFTER  THAT  DATE  IF,
AFTER SUCH CONFIRMATION IS RECEIVED BY THE DEPARTMENT, SUCH BIRTH PARENT
DIES  OR  THE CONFIRMATION IS WITHDRAWN BY SUCH BIRTH PARENT IN WRITING,
AND NO OTHER TIMELY CONFIRMATION REMAINS ON  FILE  WITH  THE  DEPARTMENT
FROM A LIVING BIRTH PARENT.
  3.  A  PERSON EIGHTEEN YEARS OF AGE OR MORE WHO WAS BORN IN THIS STATE
AND THEN ADOPTED AND WHOSE LONG-FORM BIRTH CERTIFICATE WAS  THEN  SEALED
IN THIS STATE, MAY OBTAIN A CERTIFIED COPY OF HIS OR HER LONG-FORM BIRTH
CERTIFICATE,  AS  DESCRIBED  IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, UPON SUPPLYING PROOF THAT ALL  BIRTH  PARENTS  LISTED  ON  SUCH
DOCUMENT HAVE DIED.
  4.  THE  DEPARTMENT SHALL PROMULGATE AND MAKE PUBLICLY AVAILABLE FORMS
THAT A BIRTH PARENT MAY USE TO PROVIDE THE  DEPARTMENT  WITH  A  WRITTEN
CONFIRMATION  OR  WITHDRAWAL OF CONFIRMATION UNDER THIS SECTION, AND FOR
CONFIRMING THAT A PERSON WHO HAS MADE SUCH  A  WRITTEN  CONFIRMATION  OR
WITHDRAWAL  IS, IN FACT, A PERSON IDENTIFIED ON THE BIRTH CERTIFICATE AS
A BIRTH PARENT, AND FOR CONFIRMING THE SUFFICIENCY OF PROOF OF THE DEATH
OF A PERSON LISTED ON A BIRTH CERTIFICATE AS A BIRTH PARENT.
  5. (A) A BIRTH PARENT MAY AT ANY TIME REQUEST FROM  THE  DEPARTMENT  A
CONTACT  PREFERENCE FORM THAT SHALL ACCOMPANY A BIRTH CERTIFICATE ISSUED
UNDER THIS TITLE. THE CONTACT PREFERENCE FORM SHALL PROVIDE THE  FOLLOW-
ING INFORMATION TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
  (I) I WOULD LIKE TO BE CONTACTED.
  (II) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY.
  (III)  I  HAVE COMPLETED A MEDICAL HISTORY FORM AND HAVE FILED IT WITH
THE DEPARTMENT.
  (IV) PLEASE DO NOT CONTACT ME. IF I DECIDE LATER THAT I WOULD LIKE  TO
BE  CONTACTED,  I  WILL SUBMIT AN UPDATED CONTACT PREFERENCE FORM TO THE
DEPARTMENT.
  (B) THE MEDICAL HISTORY FORM SHALL BE IN  A  FORM  PRESCRIBED  BY  THE
DEPARTMENT  AND  SHALL BE SUPPLIED TO THE BIRTH PARENT UPON REQUEST OF A
CONTACT PREFERENCE FORM FROM THE DEPARTMENT. ONLY THOSE PERSONS WHO  ARE
AUTHORIZED  TO  PROCESS  APPLICATIONS  MADE UNDER THIS TITLE MAY PROCESS
CONTACT PREFERENCE FORMS, MEDICAL HISTORY FORMS, AND CORRESPONDENCE  AND
REQUESTS MADE PURSUANT TO THIS SECTION.
  (C) THE MEDICAL HISTORY AND CONTACT PREFERENCE FORMS DESCRIBED IN THIS
SUBDIVISION ARE CONFIDENTIAL COMMUNICATIONS FROM THE BIRTH PARENT TO THE
PERSON  NAMED  ON THE CONFIDENTIAL LONG-FORM BIRTH CERTIFICATE AND SHALL
BE PLACED IN SEPARATE SEALED  ENVELOPES  UPON  RECEIPT  FROM  THE  BIRTH
PARENT.    THE  SEALED ENVELOPES SHALL BE MATCHED WITH AND PLACED IN THE
FILE CONTAINING THE CONFIDENTIAL ORIGINAL LONG-FORM  BIRTH  CERTIFICATE.
SUCH SEALED ENVELOPES CONTAINING THE CONTACT PREFERENCE FORM AND MEDICAL
HISTORY  FORM  SHALL  BE  RELEASED  TO  A PERSON AUTHORIZED TO RECEIVE A
CERTIFIED COPY OF HIS OR HER ORIGINAL LONG-FORM BIRTH CERTIFICATE PURSU-
ANT TO THIS SECTION.
  (D) THE CONTACT PREFERENCE AND MEDICAL HISTORY FORMS DESCRIBED IN THIS
SUBDIVISION ARE PRIVATE COMMUNICATIONS FROM  THE  BIRTH  PARENT  TO  THE
PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND NO COPIES OF SUCH FORMS
SHALL  BE  RETAINED BY THE DEPARTMENT. WHERE ONLY A MEDICAL HISTORY FORM
IS REQUESTED, THE CERTIFIED COPY OF THE LONG-FORM BIRTH CERTIFICATE  AND

A. 3298                             3

CONTACT PREFERENCE FORMS SHALL NOT BE PROVIDED, BUT MAY BE REQUESTED AND
PROVIDED AT A LATER DATE.
  6.  THE  DEPARTMENT  SHALL DEVELOP AN AFFIRMATIVE INFORMATION CAMPAIGN
AND WIDELY DISSEMINATE TO THE PUBLIC, THOUGH ITS WEBSITE, PUBLIC SERVICE
ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES AND THROUGH  MULTI-
PLE  OUTLETS,  INFORMATION  CONCERNING  THE  PROVISIONS OF THIS SECTION,
INCLUDING BUT NOT LIMITED TO THE MEANS  BY  WHICH  A  BIRTH  PARENT  MAY
CONFIRM  THAT  HE  OR  SHE  WISHES  TO MAINTAIN THE CONFIDENTIALITY OF A
LONG-FORM BIRTH CERTIFICATE HELD BY THE DEPARTMENT IN WHICH  SUCH  BIRTH
PARENT  IS  NAMED,  AND  BY  WHICH SUCH BIRTH PARENT MAY WITHDRAW SUCH A
CONFIRMATION.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law, provided, however,
that, effective immediately, the commissioner of health is authorized to
promulgate such rules and regulations as may be necessary to  carry  out
the provisions of this act.