This bill has been amended

Bill S537-2011

Allows release of birth certificate to adoptive person without court order if person and birth parents register with state's adoption registry and consent to release

Allows release of non-certified copy birth certificate to adoptee without court order if adoptee and birth parent register with state's adoption registry.

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  • Jan 5, 2011: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S537

TITLE OF BILL:

An act to amend the domestic relations law, in relation to adoption records

PURPOSE:

Allows the release of birth certificates to adoptive persons without a court order as long as the persons and birth parents register with the state's adoption registry and consent to such release.

SUMMARY OF PROVISIONS:

Section 1 amends section 114 of the domestic relations law by adding a new subdivision 5 authorizing an adopted person who has reached his or her majority to access his or her original birth certificate without the necessity of a court order upon proof to the court in which the order was granted that the adopted person and his or her birth parents have registered with the state's adoption registry and have consented to the release of this identifying information. If only one birth parent executed the surrender agreement or consented to the adoption, then the registration of the other parent is not necessary for the release of information pursuant to this subdivision.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:

There are three kinds of information currently available to adoptees who register with the Adoption Information Registry maintained by the State Department of Health: non-identifying, identifying, and health-related information. Non-identifying information about an adoptee's birth parents is often furnished by adoption agencies and can include religion, ethnicity, race, education, occupation, etc; the name of the agency that arranged the adoption; and the facts and circumstances relating to the nature and cause of the adoption. This information is available even if the birth parents have not registered with the state. Identifying information - name and address of each party - is only shared if the adoptee and his or her birth parents have all registered and given consent for this information to be released. Medical information can also be furnished by a birth parent regardless of whether or not that person consents to the release of identifying information.

This bill would apply only to those situations where an adoptee and any required birth parents have all registered and consented to the release of identifying information. It would allow willing adoptees with willing biological parents to have access to their original birth certificates without the added burden of having to obtain an order from the court in which the original adoption order was granted.

LEGISLATIVE HISTORY:

2010 - S.1842 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES 2008 - S.2261 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES 2006 - S.4792 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 537 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. KLEIN -- 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 adoption records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 114 of the domestic relations law is amended by adding a new subdivision 5 to read as follows: 5. AN ADOPTIVE PERSON WHO HAS REACHED HIS OR HER MAJORITY MAY HAVE ACCESS TO HIS OR HER ORIGINAL BIRTH CERTIFICATE WITHOUT THE NECESSITY OF A COURT ORDER UPON PROOF TO THE COURT IN WHICH THE ORDER WAS GRANTED THAT THE ADOPTIVE PERSON AND HIS OR HER BIOLOGICAL PARENTS HAVE REGIS- TERED WITH THE STATE'S ADOPTION REGISTRY AND HAVE CONSENTED TO THE RELEASE OF THE IDENTIFYING INFORMATION. IF ONLY ONE BIOLOGICAL PARENT EXECUTED THE SURRENDER AGREEMENT OR CONSENTED TO THE ADOPTION, THEN THE REGISTRATION OF THE OTHER BIOLOGICAL PARENT IN SAID REGISTRY SHALL NOT BE NECESSARY FOR THE RELEASE OF THE INFORMATION PURSUANT TO THIS SUBDI- VISION. S 2. This act shall take effect immediately.

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