Allows release of non-certified copy birth certificate to adoptee without court order if adoptee and birth parent register with state's adoption registry.
TITLE OF BILL: An act to amend the public health law, in relation to the release of a non-certified copy of the birth certificate of an adoptee without a court order
PURPOSE: Allows for the release of a non-certified copy of an original birth certificate to an adoptee without the need to obtain a court order for such document as long as such adoptive person and birth parents register with the state's adoption registry and consent to such release.
SUMMARY OF PROVISIONS: Section 1: Amends Public Health Law section 4138-c(5) to authorize an Adoptee to have access a non-certified copy of his or her original birth certificate without the necessity of obtaining a court order. Such document can be provided if 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: This law becomes effective 180 days after it shall have become law.
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 a non-certified
copy of their original birth certificate 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 on the 180th day after it shall become law, with provisions.
STATE OF NEW YORK ________________________________________________________________________ 537--B 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to the release of a non-certified copy of the birth certificate of an adoptee without a court order THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 4138-c of the public health law is amended by adding a new paragraph (c) to read as follows: (C) IF THE DEPARTMENT DETERMINES THAT THERE IS A CORRESPONDING REGIS- TRATION FOR THE ADOPTEE AND FOR EITHER OF THE BIRTH PARENTS, AND EACH HAS CONSENTED TO THE RELEASE OF IDENTIFYING INFORMATION ABOUT THE BIRTH PARENTS AND THE ADOPTEE, RESPECTIVELY, THE DEPARTMENT SHALL NOTIFY THE COURT WHEREIN THE ADOPTION OCCURRED THAT A NON-CERTIFIED COPY OF THE ADOPTEE'S ORIGINAL BIRTH CERTIFICATE, IF AVAILABLE, SHALL BE PROMPTLY RELEASED TO THE ADOPTEE WITHOUT NECESSITY OF A COURT ORDER. PROVIDED, THAT IF ONLY ONE BIRTH PARENT EXECUTED THE SURRENDER AGREEMENT OR CONSENTED TO THE ADOPTION, THEN THE REGISTRATION OF THE OTHER BIRTH PARENT IN THE REGISTRY SHALL NOT BE NECESSARY FOR THE RELEASE OF SUCH A BIRTH CERTIFICATE PURSUANT TO THIS PARAGRAPH. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be amended, added and/or repealed on or before such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04344-06-1