Bill S5145-2011

Relates to the adoption registry

Relates to the adoption registry; permits applications from persons born outside the state but adopted within the state.

Details

Actions

  • Oct 3, 2012: APPROVAL MEMO.19
  • Oct 3, 2012: SIGNED CHAP.480
  • Sep 21, 2012: DELIVERED TO GOVERNOR
  • Jun 14, 2012: returned to senate
  • Jun 14, 2012: passed assembly
  • Jun 14, 2012: ordered to third reading rules cal.156
  • Jun 14, 2012: substituted for a8307
  • May 22, 2012: referred to health
  • May 22, 2012: DELIVERED TO ASSEMBLY
  • May 22, 2012: PASSED SENATE
  • May 21, 2012: ADVANCED TO THIRD READING
  • May 16, 2012: 2ND REPORT CAL.
  • May 15, 2012: 1ST REPORT CAL.815
  • Jan 4, 2012: REFERRED TO HEALTH
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 13, 2011: referred to health
  • Jun 13, 2011: DELIVERED TO ASSEMBLY
  • Jun 13, 2011: PASSED SENATE
  • Jun 7, 2011: ADVANCED TO THIRD READING
  • Jun 6, 2011: 2ND REPORT CAL.
  • Jun 2, 2011: 1ST REPORT CAL.975
  • May 3, 2011: REFERRED TO HEALTH

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Health - Jun 2, 2011
Ayes (12): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Montgomery, Rivera, Stewart-Cousins
Ayes W/R (1): Gianaris
Excused (4): Duane, Adams, Kruger, Smith
VOTE: COMMITTEE VOTE: - Health - May 15, 2012
Ayes (17): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Duane, Adams, Gianaris, Montgomery, Rivera, Smith, Stewart-Cousins, Peralta

Memo

BILL NUMBER:S5145

TITLE OF BILL: An act to amend the public health law, in relation to the adoption registry

PURPOSE: To allow persons not born in New York State but whose adoptions were finalized in New York State to participate in the New York State adoption registry.

SUMMARY OF PROVISIONS: Section 4138-c of the public health law is amended by adding a new subdivision 1-a to provide the term "adoptee" shall mean persons born in New York State or any other state within the United States or District of Columbia whose adoption took place in New York State. Subdivisions 2 and 4 of section 4138-c are amended to read as follows: Upon application for registration by an adoptee not born in this state, or by a birth parent or sibling of such an adoptee, the department shall search the records of the department to 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.

JUSTIFICATION: Current law states that only adoptees born in New York State may participate in the state adoption registry. This excludes persons who were born in other states but then adopted into families located in New York. This bill would change the requirements to include adoptees born in any state within the United States and District of Columbia, whose adoption then took place within New York State. This bill would allow persons born in other states to participate in the New York adoption registry who currently do not have this privilege.

LEGISLATIVE HISTORY: Similar to 2007/2008 S.4586 Referred to Health

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5145 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. SKELOS -- 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 the adoption registry THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 4138-c of the public health law is amended by adding a new subdivision 1-a to read as follows: 1-A. FOR THE PURPOSES OF THIS SECTION, "ADOPTEE" SHALL INCLUDE: THOSE PERSONS BORN IN THIS STATE, AND THOSE PERSONS BORN IN ANY OTHER STATE WITHIN THE UNITED STATES OR IN THE DISTRICT OF COLUMBIA WHOSE ADOPTION OCCURRED WITHIN THIS STATE. S 2. Subdivisions 2 and 4 of section 4138-c of the public health law, as amended by chapter 181 of the laws of 2010, 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 SIBLING OF SUCH AN ADOPTEE, THE DEPART- MENT SHALL SEARCH THE RECORDS OF THE DEPARTMENT TO DETERMINE WHETHER THE ADOPTEE'S ADOPTION OCCURRED WITHIN THIS STATE. IF THE DEPARTMENT DETER- MINES 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 trans- mitted by an agency pursuant to section forty-one hundred thirty-eight-d of this title, or of the birth parents of an adoptee [if such adoptee] WHO was born in this state. The registry shall [not] NEITHER accept nor maintain the registration of an adoptee 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[; provided, however, that any]. ANY person whose registration was
accepted may withdraw such registration prior to the release of any 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. 4. Upon acceptance of a registration OF AN ADOPTEE BORN IN THIS STATE, OR BY A BIRTH PARENT OR 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 [the] THIS state. UPON COMPLETION OF A SEARCH OF THE RECORDS PURSUANT TO THIS SUBDIVISION OR SUBDIVISION TWO OF THIS SECTION: (a) If the department determines that the adoption occurred within [the] THIS state, it shall notify the court wherein the adoption occurred to submit to the department non-identifying information as may be contained in the records of the court and the names of the birth parents of the adoptee. Notwithstanding any other provision of law to the contrary, the court shall thereupon transmit to the department non- identifying information as may be contained in the records of the court, and the names of the birth parents of the adoptee, provided that, if the court determines from its records that the adoption was from an author- ized agency, the court shall submit to the department only the name and address of such authorized agency and the names of the birth parents of the adoptee. In such cases, unless the adoptee registrant shall have elected otherwise, the department shall notify the authorized agency whose name was provided by the court to release promptly to the adoptee all non-identifying information as may be contained in the agency records. Such agency shall thereafter promptly release the non-identi- fying information to the adoptee registrant. If the adoptee registrant shall have elected not to have the information released to him or her by the authorized agency, the agency shall submit promptly to the depart- ment all non-identifying information as may be contained in the agency records. In any case where the agency records are incomplete, no longer exist or are otherwise unavailable, the department shall so notify the court. The court shall thereupon promptly submit such non-identifying information as may be contained in their records. If no authorized agen- cy was involved or if the adoptee registrant shall have elected not to have release of information by the authorized agency involved in such adoption, the department shall release the non-identifying information to the adoptee registrant. The department and/or an authorized agency may restrict the nature of the non-identifying information released pursuant to this section upon a reasonable determination that disclosure of such non-identifying information would not be in the adoptee's, biological sibling's, or parent's best interest. (b) If the department determines that the adoption did not occur with- in the state, it shall notify the adoptee registrant that no record exists of the adoption occurring within the state.
S 3. Subdivision 6-a of section 4138-c of the public health law, as added by chapter 612 of the laws of 1996, is amended to read as follows: 6-a. (a) There shall be established in the registry an adoption medical information sub-registry. Access to all identifying records and information in the sub-registry shall be subject to the same restrictions as the adoption information registry. (b) The department shall establish procedures by which a birth parent may provide medical information to the sub-registry, and by which an adoptee aged eighteen years or older or the adoptive parents of an adop- tee who has not attained the age of eighteen years may access such medical information. (c) A birth parent may provide the adoption medical information sub- registry with certified medical information. Such certified medical information must include other information sufficient to locate the adoptee's birth record. (d) Upon receipt from the birth parent of certified medical informa- tion and other information needed to identify the adopted person, the department shall determine if the adoptee was [born and] adopted in New York state. If the adoptee was [born and] 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 determi- nation, the department shall release the non-identifying medical infor- mation only to an adoptee, aged eighteen years or older, or adoptive 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 determine if the adoptee was [born and] adopted in New York state. If the adoptee was [born and] 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. (f) The department shall not solicit or request the provision of medical information from a birth parent or the registration by an adop- tee or parent of an adoptee. (g) A fee shall not be required from a birth parent for providing health information. S 4. Subdivision 2 of section 4138-d of the public health law, as amended by chapter 435 of the laws of 2008, is amended to read as follows: 2. The agency shall accept, at any time, and maintain the verified registration of the birth parents of an adoptee. The agency shall accept and maintain the verified registration of an adoptee or of the biolog- ical sibling of an adoptee if such adoptee was born in this state, OR WAS BORN IN ANY OTHER STATE WITHIN THE UNITED STATES, OR IN THE DISTRICT OF COLUMBIA, AND HIS OR HER ADOPTION OCCURRED WITHIN THIS STATE, no sooner than eighteen years after the adoptee's birth or in the case of a biological sibling registrant, no sooner than the longer of eighteen years after the birth of the adoptee or eighteen years after the birth of the biological sibling; provided however, that any person whose registration was accepted may withdraw such registration prior to the release of any identifying information. S 5. This act shall take effect immediately.

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