NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A909A
SPONSOR: Weprin (MS) TITLE OF BILL: An act to amend the domestic relations law and the
public health law, in relation to adoptee rights
PURPOSE: This bill would allow an adopted person who is at least eigh-
teen years of age to request from the court from which the order of
adoption was made, or from the supreme court, a non-certified copy of
his or her original birth certificate and/or a medical history form if
available
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends subdivi-
sion 2 of § 114 of the Domestic Relations Law to allow for exemptions
included in subdivision 4 and 5 of this section.
Section 2 amends § 114 of the Domestic Relations Law by adding a new
subdivision 5 to allow an adult adopted person over the age of 18 to
request from the court where the adoption was made or the supreme court
a non-certified copy of his or her original long form birth certificate
or identifying information in the case where a birth certificate is not
available. The adopted person needs sufficient proof of identity to
obtain documents.
Section 2 subsection (b) directs the court to supply the state depart-
ment of health with the adopted person's birth parent or parents' iden-
tifying information so the department of health can make a reasonable
and good faith effort to contact and advise birth parent(s) that the
adopted person has filed an application to receive their original long-
form birth certificate. Prior to notifying parent(s), the department of
health shall determine whether the birth parent(s) have already filed a
written confirmation or consent form. If such form is on file, the
court shall be notified and no effort to notify the parent shall be
made.
Section 2 subsection (c) allows the birth parent to complete a written
and . notarized confirmation that he or she wishes to maintain confiden-
tiality of identifying information, or that he or she consents to the
release of identifying information.
Section 2 subsection (d) directs that upon receipt of Written confirma-
tion or if the parent has completed a registration consent form, the
health department will notify and provide the court with such documents.
If such consent form has been revoked by birth parent, the court shall
be notified and the court will consider that a request for continued
confidentiality.
(1) If the birth parent(s) consent to release of identifying information
the court shall (i) order the release of a non-certified copy of the
long-form birth certificate to the adopted person or (ii) if birth .
certificate is unavailable, identifying information will be made avail-
able to the adopted person.
(2) If the birth parent requests confidentiality, the court shall
release a non-certified copy of the long form birth certificate to the
adopted person with the birth parent's identifying information redacted.
(3) Where the-re are two birth parents and only one requests confiden-
tiality, the other parent's identifying information may be released to
the adopted person. The consent of one parent will not be construed as
consent by the other parent.
Section 2 subsection (e)states that if the birth parent is unable to be
notified or doesn't respond after reasonable and good faith efforts, and
unless the court deems the release of the birth certificate or identify-
ing information to be detrimental to the welfare of the birth or adop-
tive parents, the court will (i)release an unredacted, non-certified
copy of the long form birth certificate to the adopted person or (ii) if
the birth certificate is not available, identifying information will be
released that would've appeared on the long form birth certificate. The
court must issue a written order when making a determination. If the
court determines not to release an unredacted birth certificate, the
court shall release a non-certified copy of the birth certificate with
the birth parent(s)' identifying information redacted.
Section 2 subsection (f) states that if the birth parent consents to the
release of identifying information, the department of health shall
provide the parent with a contact preference form. If completed, the
form will accompany the copy of the birth certificate provided to the
adopted person. The consent form will contain the following information:
(1) I am willing to or would like to be contacted. (2) I would prefer
to.be contacted through an intermediary. (3) I have completed a medical
history form and have filed it with the department of health. (4) Please
do not contact me. If I decide later that I would like to be contacted,
I will submit an updated contact preference form to the court or the
health department. (5) Add any additional information here (if desired).
The medical history form shall be supplied to the birth parent with a
contact preference form. The medical history form and contact preference
are confidential communications from the birth parent to person named on
birth certificate and shall be placed in separate sealed envelopes. The
sealed envelopes shall be released to the person requesting their birth
certificate, or their authorized agent, and no copies of the form shall
be retained by the court.
Section 2 subsection (g) directs the department of health to develop an
affirmative information campaign and widely disseminate it to the public
via their website, public service announcements, and other means, in
multiple languages and through multiple outlets.
Section 2 subsection (h) allows a birth parent to file, a written nota-
rized confirmation with the court that ordered the adoption or the
department of health indicating whether he or she wishes to Maintain
confidentiality or consent to the release of identifying information.
The court shall honor the written confirmation unless it is withdrawn,
in a notarized writing, by the birth parent.
Section 3 amends subdivision 10 of § 4138-c and a new subdivision 10-a
is added. Subdivision 10 calls for the commissioner to direct and devel-
op an adoption information registry birth parent consent form to be
completed at the time of surrender or consent to adoption. The form will
include check-boxes to be filled by the biological parents or parents
whose consent is needed for the relinquishment of the child, indicating
whether or not the parent consents to the release of identifying infor-
mation and a non-certified copy of the original birth certificate to the
adopted child. The form will state that it is the birth parent's respon-
sibility to update the registry of changes in contact information. The
form will also advise biological parents of the adoption medical infor-
mation sub-registry and providing medical information. The commissioner
is directed to develop any rules and regulations to expedite transfer of
any information from any agency, court, or department necessary to
implement this subdivision as long as it doesn't conflict with any
provision or law. Subdivision 10-a pertains to all adoptions and surren-
ders occurring after the effective date of this law and states that if a
biological parent(s), or the parent(s) who's consent was necessary for
the relinquishment of the child, consents to the release of the non-cer-
tified copy of the child's original birth certificate, the adopted
person shall, after turning the age of 18 and upon application to the
department with adequate proof of identity, have the right to receive a
non-certified copy of their original birth certificate.
Section 4 states that this bill takes effect on January 15, 2015
provided, however, that paragraphs (g) and (h) of subdivision 5 of the
domestic relations law, as created in section 2 of this act, shall take
effect thirty days after this act shall have become law.
JUSTIFICATION: The Bill of Adoptee Rights' will provide adult adoptees
with access to information that a non-adopted person has a legal right
to obtain. In New York, an adoptee cannot access his or her original
birth certificate unless the adoptee goes through judicial means, and
even then, the outcome does not guarantee that access will be granted.
This bill will allow adult adoptees to request and receive a noncerti-
fied copy of an original birth certificate and/or a medical history form
if available.
Adoptees will be able to gain knowledge of their religious and ethnic
heritage and access to medical information that may be necessary for
preventive health care and illnesses that are linked to family history
and genetics. A birth parent may seek to protect his or her privacy by
completing a contact preference form that would be sent to the adult
adoptee upon a request for a noncertified copy-of an original birth
certificate. The contact preference form provides the birth parent with
the option to be contacted by the adoptee, through an intermediary or to
not be contacted at all.
PRIOR LEGISLATIVE HISTORY: 1993-1994: A.10403/S.856 2005:
A.928/S.446 1995-1996: A.2328/S.3709A 2006: A.9823/S.446 1997-1998:
A.4316/S.3677 2007/2008: A.2277/S.235 1999-2000: A.7541A/S.1224A
2009/2010: A.8410A/S.5269A 2001-2002: A.7943/S.4286 2011:A.2003/S.1438
2003-2004: A.6238A/S.2631A 2012:A.8910/S.7286 2013: 01/09/13 Referred to
health 04/23/13 Reported referred to codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on January 15, 2015,
provided, however, that paragraphs (g) and (h) of subdivisions 5 of the
domestic relations law, as created by section 2 of this act, shall take
effect thirty days after this act shall have become law.
