S537-2011 Actions

• Jan 4, 2012: REFERRED TO HEALTH
• May 19, 2011: COMMITTEE DISCHARGED AND COMMITTED TO HEALTH
• May 13, 2011: PRINT NUMBER 537B
• May 13, 2011: AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
• Apr 14, 2011: PRINT NUMBER 537A
• Apr 14, 2011: AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
• Jan 5, 2011: REFERRED TO CHILDREN AND FAMILIES

S537-2011 Meetings

S537-2011 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.

S537-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          537
 2011-2012 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04344-01-1

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