S7548-2011 Actions

• Jun 20, 2012: SUBSTITUTED BY A10179A
• Jun 20, 2012: ORDERED TO THIRD READING CAL.1392
• Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 1, 2012: REFERRED TO CHILDREN AND FAMILIES

S7548-2011 Meetings

S7548-2011 Calendars

S7548-2011 Votes

S7548-2011 Memo

BILL NUMBER:S7548

TITLE OF BILL:
An act
to amend the domestic relations law and the public health law, in
relation to adoptions from a foreign country

PURPOSE:
This bill makes technical amendments in regards to international
adoptions made with IH-3 visas.

SUMMARY OF PROVISIONS:
Amends DOM 111-c(1), DOM 111-c(3), PBH 4138-b, to include IH-3 visas.

JUSTIFICATION:
A resident of New York who wishes to adopt an international child has
two options. They can complete the adoption abroad, granting U.S.
citizenship to the child upon entry into the United States or the
resident can bring the child to the United States and complete the
adoption domestically.

When attempting to complete the adoption abroad there are two
different visas depending on whether the child's home country is a
member of the Hague Convention. Hague countries use IH-3 visas. Non
Hague countries use IH-3 Visas. The Hague Adoption Convention is an
international agreement to establish safeguards to ensure that
intercountry adoptions take place in the best interests of the child.
The United States signed onto the Convention in April 2008.

The Hague Adoption Convention applies to adoptions between the United
States and the other countries that have joined it such as Albania,
Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Canada,
Chile, People's Republic of China, Cyprus, Czech Republic, Denmark,
Ecuador, Estonia, Finland, France, Georgia, Gem1any, Hungary,
Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg,
Malta, Mexico, Monaco, Netherlands, New Zealand, Norway, Panama,
Paraguay, Peru, Poland, Portugal, Romania, Russian Federation,
Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden,
Switzerland, Turkey, United Kingdom of Great Britain and Northern
Ireland, United States of America, Uruguay, Venezuela.

Currently New York law only recognizes IR-3 visas or adoptions
completed in non-Hague convention states. While IH-3 visas are being
accepted by judges, this legislation will correct the omission and
place IH-3 visas into New York law preventing potentially catastrophe.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE:
None to the state.

EFFECTIVE DATE:
Immediately.

S7548-2011 Text

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

                                    7548

                              I N  SENATE

                                June 1, 2012
                                 ___________

  Introduced  by  Sen.  SALAND -- 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 and the public health law, in
    relation to adoptions from a foreign country

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


    Section  1.  Paragraph  (b)  of  subdivision 1 of section 111-c of the
  domestic relations law, as added by chapter 329 of the laws of 2008,  is
  amended to read as follows:

    (b)  the  validity  of  the  foreign adoption has been verified by the
  granting of an IR-3 [immigrant visa], IH-3,  or  a  successor  immigrant
  visa,  for  the  child  by the United States Citizenship and Immigration
  Services.
    S 2. Subdivision 3 of section 111-c of the domestic relations law,  as
  added by chapter 329 of the laws of 2008, is amended to read as follows:

    3.  Either  adoptive  parent  or a guardian or a guardian ad litem may
  register the order in this state with the  judge  or  surrogate  of  the
  county  in  which  the adoptive parent or parents reside. A petition for
  registration of a foreign adoption order may be combined with a petition
  for a name change. If the court finds that the  foreign  adoption  order
  meets  the  requirements  of  subdivision one of this section, the court
  shall issue a finding as to aspects of the foreign adoption, to wit, the
  names of the adoptive parents, the name or names and reported birth date
  of the adoptive child, the country of the adoptive  child's  birth,  the
  country and the date of the foreign adoption, the state residency of the
  adoptive  parent  or parents and adoptive child, and a finding as to the
  date and issuance of an IR-3, IH-3, OR A SUCCESSOR immigrant visa;  and,
  the  court  shall  issue an order of adoption to the party who has peti-
  tioned for such an order.
    S 3. Section 4138-b of the public health law, as  amended  by  chapter
  181 of the laws of 2010, is amended to read as follows:

    S  4138-b.  Birth  certificate: foreign country adoption. Whenever the
  adoption or finalization of a  foreign  adoption  or  recognition  of  a
  foreign  adoption of a child pursuant to section one hundred eleven-c of

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15732-03-2

 S. 7548                             2

  the domestic relations law has been reported to  the  commissioner,  the
  commissioner shall file a birth certificate for the child provided there
  is  no  other birth certificate or other birth record on file other than
  in  the  country where such child was born and provided, further, that a
  certificate of birth data does not exist for  that  person.  Such  birth
  certificate  shall  be  filed  upon  receipt of: proof that the adoptive
  parent was a resident of this state at the time of adoption; a  copy  of
  the adoption documents of the jurisdiction or country in which the child
  was  adopted; a certified translation of the foreign adoption documents,
  evidence of the date and place of the child's  birth;  and  evidence  of
  IR-3  [or],  IR-4 OR IH-3 immigrant visa status or a successor immigrant
  visa status. The birth certificate shall include the child's name,  sex,
  date  of birth, time of birth, place of birth, mother's maiden name, and
  father's name. A birth certificate for a foreign country adoption  which
  has  been  filed  by  a local registrar and all supporting documentation
  shall be submitted by the local registrar to the commissioner who  shall
  file a new birth certificate pursuant to this section.
    S 4. This act shall take effect immediately.