Relates to adoptee rights; clarifies language and procedures for obtaining birth certificates and medical histories of adoptees; permits an adopted adult to access certain records when they reach the age of 18; creates a contact preference to be filed by birth parents.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2901C
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 eighteen years
of age to request from the court from which the order of adoption was
made, or from the supreme court, a 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 subdivision 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 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 certified copy of the long-
form birth certificate to the adopted person or (ii) if birth certif-
icate is unavailable, identifying information will be made available to
the adopted person.
(2) If the birth parent requests confidentiality, the court shall
release a certified copy of the long form birth certificate to the
adopted person with the birth parent's identifying information redacted.
(3) Where there 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, 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 foam 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 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 request-
ing 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 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
certified copy of their original birth certificate.
Section 4 states that this bill takes effect on April 15, 2017 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 noncertified 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:
2015: S.5964 - Children & Families / A.2901-A - Passed Assembly
2013-2014: A2901/53314
2012: A.8910/S.7286 A909/S2490
2011: A.2003/S.1438
2009/2010: A.8410A/S.5269A
2007/2008: A.2277/S.235
2006: A.9823/5.446
2005: A.928/S.446
2003-2004: A.6238A/S.2631A
2001-2002: A.7943/S.4286
1999-2000: A.7541A/S.1224A
1997-1998: A.4316/S.3677
1995-1996: A.2328/S.3709A
1993-1994: A.10403/S.856
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on April 15, 2017, 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.
STATE OF NEW YORK
________________________________________________________________________
2901--C
Cal. No. 131
2015-2016 Regular Sessions
IN ASSEMBLY
January 20, 2015
___________
Introduced by M. of A. WEPRIN, MOSLEY, OTIS, BENEDETTO, HOOPER, TITUS,
GOLDFEDER, SEPULVEDA, ORTIZ, MAYER, AUBRY, PICHARDO, CUSICK, BRINDISI,
SKOUFIS, MURRAY, THIELE, BRABENEC, DiPIETRO, TITONE, GALEF, RAIA,
STIRPE, COLTON, DILAN, WOZNIAK, LAVINE, LINARES, KEARNS, STECK, LOPEZ,
WALKER, RICHARDSON, KIM, HIKIND, CAHILL, JEAN-PIERRE, HEVESI,
BICHOTTE, JOYNER, SANTABARBARA, DenDEKKER, BLAKE, HUNTER -- Multi-
Sponsored by -- M. of A. ARROYO, BARRETT, BUCHWALD, BUTLER, CERETTO,
COOK, CURRAN, DAVILA, DINOWITZ, DUPREY, ENGLEBRIGHT, FAHY, FARRELL,
GIGLIO, GJONAJ, GOTTFRIED, GRAF, HAWLEY, JOHNS, KATZ, KOLB, LALOR,
LIFTON, LUPARDO, LUPINACCI, MAGEE, MALLIOTAKIS, McDONALD, McDONOUGH,
McKEVITT, MILLER, MONTESANO, MOYA, OAKS, PALMESANO, PALUMBO, PAULIN,
PEOPLES-STOKES, PERRY, PRETLOW, RA, RAMOS, RIVERA, ROBINSON, RODRI-
GUEZ, ROSENTHAL, RYAN, SCHIMEL, SIMANOWITZ, SKARTADOS, SOLAGES, STEC,
WALTER, WRIGHT, ZEBROWSKI -- read once and referred to the Committee
on Health -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- advanced to a third reading, amended
and ordered reprinted, retaining its place on the order of third read-
ing -- again amended on third reading, ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the domestic relations law and the public health law, in
relation to adoptee rights
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature hereby states its
2 intention to acknowledge, support and encourage the life-long health and
3 well-being of persons who have been and will be adopted in the state of
4 New York. The legislature further recognizes that the inability to
5 access accurate and complete medical and self-identifying data of any
6 adopted person may result in such person succumbing to preventable
7 disease, premature death or otherwise unhealthy life. As such, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07428-09-6
A. 2901--C 2
1 provisions of this act seek to establish considerations under the law
2 for adopted persons to access their birth information while providing
3 for the privacy of an adopted person and his or her birth and adoptive
4 families.
5 § 2. Subdivision 2 of section 114 of the domestic relations law, as
6 amended by chapter 559 of the laws of 1992 and as designated by chapter
7 601 of the laws of 1994, is amended to read as follows:
8 2. No person, including the attorney for the adoptive parents shall
9 disclose the surname of the child directly or indirectly to the adoptive
10 parents except upon order of the court. No person shall be allowed
11 access to such sealed records and order and any index thereof except
12 upon an order of a judge or surrogate of the court in which the order
13 was made or of a justice of the supreme court. [No] Except as provided
14 in subdivisions four and five of this section, no order for disclosure
15 or access and inspection shall be granted except on good cause shown and
16 on due notice to the adoptive parents and to such additional persons as
17 the court may direct. Nothing contained herein shall be deemed to
18 require the state commissioner of health or his or her designee to
19 secure a court order authorizing disclosure of information contained in
20 adoption or birth records requested pursuant to the authority of section
21 forty-one hundred thirty-eight-c or section forty-one hundred thirty-
22 eight-d of the public health law; upon the receipt of such request for
23 information, the court shall transmit the information authorized to be
24 released thereunder to the state commissioner of health or his or her
25 designee.
26 § 3. Section 114 of the domestic relations law is amended by adding a
27 new subdivision 5 to read as follows:
28 5. Notwithstanding any inconsistent provision of law: (a) an adopted
29 person who has attained the age of eighteen years may apply to the court
30 in which the order of adoption was made, or to the supreme court, to
31 request an order releasing a certified copy of his or her original long
32 form birth certificate, or where no birth certificate is available, the
33 identifying information of his or her birth parent or parents, in
34 accordance with this subdivision. Such application shall include suffi-
35 cient proof of identity of such adopted person.
36 (b) Upon receipt of an application pursuant to paragraph (a) of this
37 subdivision, the court shall provide the department of health, or order
38 that such department be provided, with the identifying information of
39 the adopted person's birth parent or parents and direct the department
40 of health to make a reasonable and good faith effort, documented in
41 writing and completed within one hundred twenty days, to notify the
42 birth parent or parents and advise such parent or parents that the
43 adopted person has made an application pursuant to this subdivision.
44 Such notification and advisory given shall comply with any terms and
45 conditions set forth by the court and shall be made by means designed to
46 be sensitive to the personal nature of the matter. Such notification
47 shall also include an advisory to such parent or parents about the
48 adoption medical information registry established by section forty-one
49 hundred thirty-eight-c of the public health law and the procedures by
50 which a birth parent may provide medical information to the registry.
51 The department of health shall, before making efforts to notify the
52 birth parent or parents, determine whether such parent or parents have
53 already filed a written confirmation with the court or the department of
54 health pursuant to paragraph (h) of this subdivision or a birth parent
55 registration consent form with the adoption information registry pursu-
56 ant to subdivision ten of section forty-one hundred thirty-eight-c of
A. 2901--C 3
1 the public health law. Where such confirmation or consent form is on
2 file, the department of health shall notify the court and no such
3 efforts to notify the parent shall be made.
4 (c) Upon notification pursuant to paragraph (b) of this subdivision,
5 or earlier at the discretion of the birth parent pursuant to paragraph
6 (h) of this subdivision, such birth parent may complete a written and
7 notarized confirmation that he or she wishes to maintain confidentiality
8 of identifying information, or that he or she consents to the release of
9 identifying information.
10 (d) Upon receipt of such written confirmation, or where the parent has
11 completed a birth parent registration consent form pursuant to subdivi-
12 sion ten of section forty-one hundred thirty-eight-c of the public
13 health law, the department of health shall notify the court and provide
14 the court with the written confirmation or consent form, as the case may
15 be, completed by the birth parent. Where such consent form has been
16 revoked by a birth parent, the department of health shall so notify the
17 court and such revocation shall be considered by the court as a request
18 for continued confidentiality of identifying information.
19 (i) If the birth parent consents to the release of identifying infor-
20 mation, the court shall (A) order the release of a certified copy of the
21 long-form birth certificate to the adopted person, or (B) when such
22 birth certificate is not available, order that the identifying informa-
23 tion be made available to the adopted person.
24 (ii) If the birth parent requests continued confidentiality, the court
25 shall direct the release of a certified copy of the birth certificate
26 with the identifying information regarding such parent redacted, and
27 shall provide such adopted person with such redacted copy and file a
28 copy of the redacted version in the court record. Such redacted copy
29 shall include non-identifying information as that term is defined in
30 subdivision three of section forty-one hundred thirty-eight-c of the
31 public health law.
32 (iii) Where there are two identified birth parents and only one such
33 parent has requested confidentiality, the identifying information
34 regarding the other parent may, in the discretion of the court, be
35 released to the adopted person in accordance with this subdivision. The
36 consent of one parent shall not be construed to be consent by the other
37 parent.
38 The court shall issue a written order when making a determination
39 pursuant to subparagraphs (ii) and (iii) of this paragraph.
40 (e) (i) If after reasonable and good faith efforts pursuant to para-
41 graph (a) of this subdivision, the birth parent is unable to be notified
42 or does not respond to such notification, the department of health shall
43 so notify the court. Unless the court, in its discretion, for good cause
44 specified in its order, determines that the release of such birth
45 certificate or identifying information would be clearly detrimental to
46 the welfare of the birth or adoptive parents, the court shall: (A)
47 release, or direct the release of, an unredacted, certified copy of the
48 long-form birth certificate to the adopted person, or (B) if such birth
49 certificate is not available, release or direct the release of the iden-
50 tifying information that would have appeared on the original long-form
51 birth certificate. For the purposes of this paragraph, good cause shall
52 include, but is not limited to, evidence concerning the wishes of the
53 birth parent regarding confidentiality as expressed at the time of the
54 adoption or surrender. The court shall issue a written order when making
55 a determination pursuant to this paragraph.
A. 2901--C 4
1 (ii) Where the court determines not to release an unredacted birth
2 certificate pursuant to subparagraph (i) of this paragraph, the court
3 shall direct the release of a certified copy of the birth certificate
4 with the identifying information regarding the birth parent or parents
5 redacted, and shall provide such adopted person with such redacted copy.
6 (f) Upon the consent of a birth parent to release identifying informa-
7 tion pursuant to this subdivision, the department of health shall
8 provide such parent with a contact preference form that shall, if
9 completed by the birth parent, accompany a copy of a birth certificate
10 or other identifying information provided to the adopted person under
11 this subdivision and be filed with the adoption information registry
12 established by section forty-one hundred thirty-eight-c of the public
13 health law. The contact preference form shall include the following
14 content to be completed at the option of the birth parent:
15 (i) I am willing to or would like to be contacted.
16 (ii) I would prefer to be contacted only through an intermediary.
17 (iii) I have completed a medical history form and have filed it with
18 the department of health.
19 (iv) Please do not contact me. If I decide later that I would like to
20 be contacted, I will submit an updated contact preference form to the
21 court or the department of health.
22 (v) Add any additional information here (if desired):
23 The medical history form shall be in a form prescribed by the depart-
24 ment of health and shall be supplied to the birth parent with a contact
25 preference form.
26 The medical history form and contact preference form are confidential
27 communications from the birth parent to the person named on the sealed
28 birth certificate and shall be placed in separate sealed envelopes upon
29 receipt from the birth parent.
30 The sealed envelopes containing the contact preference form and
31 medical history form shall be released to a person requesting his or her
32 birth certificate under this subdivision or his or her agent, such as
33 his or her attorney, with appropriate authorization. The contact pref-
34 erence form and medical history form are private communications from the
35 birth parent to the person named on the sealed birth certificate and no
36 copies of the forms shall be retained by the court.
37 (g) The department of health shall develop an affirmative information
38 campaign and widely disseminate to the public, through its website,
39 public service announcements and other means, in multiple languages and
40 through multiple outlets, information concerning the adoption informa-
41 tion registry established by section forty-one hundred thirty-eight-c of
42 the public health law and the provisions of this subdivision, including,
43 but not limited to, the means by which a birth parent may file a written
44 confirmation pursuant to paragraph (h) of this subdivision with the
45 court that ordered the adoption or the department of health that he or
46 she wishes to maintain the confidentiality of identifying information,
47 or consents to the release of such identifying information.
48 (h) A birth parent may, at any time, file a written and notarized
49 confirmation with the court that ordered the adoption or with the
50 department of health indicating that he or she wishes to maintain confi-
51 dentiality of identifying information or that he or she consents to the
52 release of identifying information. The department of health shall noti-
53 fy the court and provide the court with a copy of such written confirma-
54 tion. The court shall honor such written confirmation unless it is with-
55 drawn or modified, in notarized writing, by the birth parent.
A. 2901--C 5
1 (i) For the purposes of this subdivision, "adopted person" shall
2 include a person who was surrendered as described in subdivision seven
3 of section one hundred nine of this article.
4 § 4. Subdivision 10 of section 4138-c of the public health law, as
5 added by chapter 435 of the laws of 2008, is amended and a new subdivi-
6 sion 10-a is added to read as follows:
7 10. The commissioner is directed to develop an adoption information
8 registry birth parent registration consent form to be completed at the
9 time of surrender or consent to adoption. Such form shall include check-
10 off boxes to be appropriately marked by the biological parent or parents
11 whose consent is necessary for the relinquishment of such child indicat-
12 ing whether or not such parent consents to the receipt of identifying
13 information and a certified copy of the original birth certificate by
14 the child to be adopted. A copy of such form shall be sent to the
15 department with copies of the original and amended birth certificates.
16 Such form shall state that it is the responsibility of the birth parent
17 to update the registry with any changes in contact information. The form
18 shall additionally advise the biological parents of the adoption medical
19 information sub-registry and the procedures by which a birth parent may
20 provide medical information to the sub-registry. Notwithstanding any
21 inconsistent provision of law to the contrary, the commissioner is
22 directed to develop any rules and regulations necessary to expedite the
23 transfer of information from any agency, court or department necessary
24 to implement this subdivision.
25 10-a. Notwithstanding any inconsistent provision of law to the contra-
26 ry, for surrenders occurring and orders of adoptions entered after the
27 effective date of this subdivision, where the biological parent or
28 parents whose consent is necessary for the relinquishment of such child
29 consents to the release of a certified copy of the child's original
30 birth certificate or does not affirmatively request, on the form
31 described in subdivision ten of this section, that such original birth
32 certificate remain confidential, the surrendered or adopted person
33 shall, after attaining the age of eighteen and upon application to the
34 department and adequate proof of identity, have the right to receive a
35 certified copy of their original birth certificate.
36 § 5. This act shall take effect April 15, 2017, provided, however,
37 that paragraphs (g) and (h) of subdivision 5 of section 114 of the
38 domestic relations law, as added by section three of this act, shall
39 take effect on the thirtieth day after such effective date.