Relates to the adoption information registry.

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S2889A-2013 Actions

• Feb 27, 2013: SUBSTITUTED BY A2087
• Feb 12, 2013: ADVANCED TO THIRD READING
• Feb 11, 2013: 2ND REPORT CAL.
• Feb 11, 2013: AMENDED 2889A
• Feb 5, 2013: 1ST REPORT CAL.51
• Jan 24, 2013: REFERRED TO HEALTH

S2889A-2013 Calendars

Active List: Feb 27, 2013 , Floor Calendar: Feb 12, 2013 , Floor Calendar: Feb 27, 2013

S2889A-2013 Votes

S2889A-2013 Text

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

                                   2889--A
      Cal. No. 51

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 24, 2013
                                 ___________

  Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
    printed to be committed to the Committee on Health -- reported favora-
    bly from said committee, ordered to first  report,  amended  on  first
    report,  ordered  to  a second report, and to be reprinted as amended,
    retaining its place in the order of second report

  AN ACT to amend the public health  law,  in  relation  to  the  adoption
    information  registry;  and  to amend chapter 480 of the laws of 2012,
    amending the public health law relating to the adoption  registry,  in
    relation to the effectiveness thereof

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


    Section 1. Subdivision 2 and the opening paragraph of subdivision 4 of
  section 4138-c of the public health law, as amended by  chapter  480  of
  the laws of 2012, are amended to read as follows:

    2.  Upon  application  for registration by an adoptee not born in this
  state, or by a birth parent or BIOLOGICAL sibling of  such  an  adoptee,
  the  department  shall [search the records of the department to], TO THE
  EXTENT PRACTICABLE, determine whether the  adoptee's  adoption  occurred
  within  this  state.  If  the  department  determines  that the adoption
  occurred within this state, it shall register the applicant if he or she
  is otherwise qualified and make appropriate  notifications  pursuant  to
  subdivision  four  of  this section.   The registry shall accept, at any
  time, and maintain the verified registration transmitted  by  an  agency
  pursuant  to  section forty-one hundred thirty-eight-d of this title, or
  of the birth parents of an adoptee who  was  born  in  this  state.  The
  registry  shall neither accept nor maintain the registration of an adop-
  tee sooner than eighteen years after the adoptee's birth, or in the case
  of registration by a biological sibling of an adoptee,  no  sooner  than
  the  longer  of  eighteen  years after the biological sibling's birth or
  eighteen years after the adoptee's birth. Any person whose  registration
  was  accepted may withdraw such registration prior to the release of any

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08311-02-3

 S. 2889--A                          2

  identifying information. The  adoptee  registrant,  and  the  biological
  sibling  registrant, shall include as part of the registration the iden-
  tification, including the name and address, of known biological siblings
  of the adoptee. The adoptee may upon registration, or any time thereaft-
  er,  elect  not  to have release of information by the authorized agency
  involved in such adoption. The department shall establish an  authorized
  agency  fee  schedule  for  search costs and registry costs and services
  provided by such agency in gathering and forwarding information pursuant
  to this section. The fee schedule may also include costs for disseminat-
  ing information about the registry and the adoption medical  information
  sub-registry  to  the public. Such publications or brochures may include
  information as to identifying and non-identifying  information,  how  to
  register  and fees charged to the registrants, and any other information
  deemed appropriate.
    Upon acceptance of a registration of an adoptee born in this state, or
  by a birth parent or BIOLOGICAL sibling of  such  adoptee,  pursuant  to
  this  section, the department shall search the records of the department
  to determine whether the adoptee's adoption occurred within this  state.
  [Upon completion of] AFTER MAKING A DETERMINATION, TO THE EXTENT PRACTI-
  CABLE,  AS  TO  WHETHER AN ADOPTEE'S ADOPTION OCCURRED WITHIN THIS STATE
  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, OR UPON COMPLETING a search
  of the records pursuant to this subdivision [or subdivision two of  this
  section]:

    S  2.  Paragraphs  (d) and (e) of subdivision 6-a of section 4138-c of
  the public health law, as added by chapter 480 of the laws of 2012,  are
  amended to read as follows:

    (d)  Upon  receipt from the birth parent of certified medical informa-
  tion and other information needed to identify the  adopted  person,  the
  department  shall,  TO  THE EXTENT PRACTICABLE, determine if the adoptee
  was adopted in New York state. If the adoptee was adopted  in  New  York
  state,  the  department shall register such information and determine if
  the adoptee or adoptive parent of the adoptee is registered.  Upon  such
  determination,  the department shall release the non-identifying medical
  information only to an adoptee, aged eighteen years or older,  or  adop-
  tive  parent  of  an  adoptee  who  has not attained the age of eighteen
  years.
    (e) Upon receipt from an adoptee aged eighteen years or older  or  the
  parent  of  an  adoptee  of a registration, the department shall, TO THE
  EXTENT PRACTICABLE, determine if the adoptee was  adopted  in  New  York
  state.  If  the  adoptee  was  adopted in New York state, the department
  shall search  its  records  for  medical  information  provided  by  the
  adoptee's  birth  parent.    If  such  medical information is found, the
  department shall release the non-identifying medical  information  only,
  to  an  adoptee,  aged eighteen years or older, or adoptive parent of an
  adoptee who has not attained the age of eighteen years.
    S 3. Section 5 of chapter 480 of the laws of 2012, amending the public
  health law relating to the adoption registry,  is  amended  to  read  as
  follows:

    S  5. This act shall take effect [immediately] ONE YEAR AFTER IT SHALL
  HAVE BECOME A LAW.
    S 4. This act shall take effect immediately;  provided  that  sections
  one  and  two  of this act shall take effect on the same date and in the
  same manner as chapter 480 of the laws of 2012, takes effect.