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A05449 Summary:

BILL NOA05449
 
SAME ASNo Same As
 
SPONSORWeprin
 
COSPNSR
 
MLTSPNSR
 
Amd 4138-c, Pub Health L
 
Allows release of non-certified copy of birth certificate to adoptee without court order if adoptee and a birth parent register with state's adoption registry.
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A05449 Actions:

BILL NOA05449
 
02/09/2017referred to judiciary
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A05449 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5449
 
SPONSOR: Weprin
  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 adop- tee 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 reli- gion, ethnicity, race, education, occupation, etc; the name of the agen- cy 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. Identify- ing 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 grant- ed.   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 03/15/11 referred to judiciary 04/15/11 amend (t) and recommit to judiciary 04/15/11 print number 6368a 05/18/11 amend (t) and recommit to judiciary 05/18/11 print number 6368b 01/04/12 referred to judiciary   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect one year after it shall have become law.
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A05449 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5449
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 9, 2017
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Judiciary
 
        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:
 
     1    Section 1.  Subdivision 5 of section 4138-c of the public  health  law
     2  is amended by adding a new paragraph (c) to read as follows:
     3    (c)  If the department determines that there is a corresponding regis-
     4  tration for the adoptee and for either of the birth  parents,  and  each
     5  has  consented to the release of identifying information about the birth
     6  parents and the adoptee, respectively, the department shall  notify  the
     7  court  wherein  the  adoption  occurred that a non-certified copy of the
     8  adoptee's original birth certificate, if available,  shall  be  promptly
     9  released  to  the  adoptee without necessity of a court order. Provided,
    10  that if only one  birth  parent  executed  the  surrender  agreement  or
    11  consented  to  the  adoption,  then  the registration of the other birth
    12  parent in the registry shall not be necessary for the release of such  a
    13  birth certificate pursuant to this paragraph.
    14    § 2. This act shall take effect on the one hundred eightieth day after
    15  it  shall  have become a law. Effective immediately, any rules and regu-
    16  lations necessary to implement the provisions of this act on its  effec-
    17  tive date are authorized to be made on or before such date.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09534-01-7
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