Senate Bill S5342

2015-2016 Legislative Session

Relates to disclosure of information relating to natural siblings of adopted persons

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S5342 (ACTIVE) - Details

See Assembly Version of this Bill:
A5464
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Add §114-a, Dom Rel L
Versions Introduced in 2017-2018 Legislative Session:
S2939, A2767

2015-S5342 (ACTIVE) - Summary

Relates to disclosure of information relating to natural siblings of adopted persons.

2015-S5342 (ACTIVE) - Sponsor Memo

2015-S5342 (ACTIVE) - Bill Text download pdf

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

                                  5342

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the domestic relations law, in relation to disclosure of
  information relating to natural siblings of adopted persons

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

  Section  1.  The  domestic  relations  law  is amended by adding a new
section 114-a to read as follows:
  S 114-A. RECORDS OF  ADOPTED  NATURAL  SIBLINGS.  NOTWITHSTANDING  THE
FOREGOING OR ANY OTHER INCONSISTENT PROVISIONS OF LAW, A JUSTICE, SURRO-
GATE  OR  JUDGE  OF  THE  COURT  IN WHICH THE ORDER OF ADOPTION WAS MADE
SHALL, UPON WRITTEN EX PARTE APPLICATION BY A PERSON AT LEAST TWENTY-ONE
YEARS OF AGE WHO, AS A CHILD, HAD BEEN LEGALLY ADOPTED  GRANT  AN  ORDER
DIRECTING THE CLERK OF THE COURT WHO IS CUSTODIAN OF THE PAPERS, RECORDS
OR  FILES  PERTAINING  TO  SUCH ADOPTION TO SUBMIT THEM TO THE COURT FOR
PHYSICAL UNSEALING TO PERMIT IN CAMERA REVIEW, BY THE  COURT  ALONE,  OF
THE  INFORMATION  CONTAINED  THEREIN ON THE IDENTIFICATION OF THE APPLI-
CANT'S ADOPTED NATURAL SIBLING OR SIBLINGS.  PRIOR TO SUCH  REVIEW,  THE
COURT  SHALL  SEND  A  LETTER TO THE LAST KNOWN ADDRESSES OF THE ADOPTED
NATURAL BROTHERS OR SISTERS OVER TWENTY-ONE YEARS OF AGE OF  THE  APPLI-
CANT  STATING  THAT  AN ADOPTED NATURAL SIBLING IS ATTEMPTING TO CONTACT
THEM. THE LETTER SHALL CONTAIN A METHOD FOR THE ADOPTED NATURAL  BROTHER
OR  SISTER  TO  CONSENT  OR  REJECT  SUCH  CONTACT.  THE CONSENT MUST BE
RECEIVED BY THE COURT  WITHIN  ONE  HUNDRED  TWENTY  DAYS  IN  ORDER  TO
PROCEED.  UPON  RECEIVING CONSENT FROM THE NATURAL BROTHER OR SISTER AND
THE REVIEW OF THE RECORDS HAVE CONCLUDED THAT DISCLOSURE  WOULD  NOT  IN
ANY  WAY  REVEAL THE NAME OR NAMES OF THE NATURAL PARENT OR PARENTS, THE
COURT SHALL DISCLOSE TO THE APPLICANT FOR THE ORDER OF REVIEW THE  NAMES
AND  ALL  LAST  KNOWN ADDRESSES OF THE NATURAL BROTHERS AND SISTERS OVER
THE AGE OF TWENTY-ONE OF THE CHILD WHO WAS ADOPTED, AND THE CLERK OF THE
COURT SHALL RESEAL AND RETURN THE PAPERS, RECORDS OR FILES TO THE  CLERK

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02601-01-5
              

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