A02901 Summary:
BILL NO | A02901C |
  | |
SAME AS | SAME AS S05964-B |
  | |
SPONSOR | Weprin |
  | |
COSPNSR | Mosley, Otis, Benedetto, Hooper, Titus, Sepulveda, Ortiz, Mayer, Aubry, Pichardo, Cusick, Brindisi, 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 |
  | |
MLTSPNSR | 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, Moya, Oaks, Palmesano, Palumbo, Paulin, Peoples-Stokes, Perry, Pretlow, Ra, Ramos, Rivera, Robinson, Rodriguez, Rosenthal, Ryan, Schimel, Simanowitz, Skartados, Solages, Stec, Walter, Wright, Zebrowski |
  | |
Amd §114, Dom Rel L; amd §4138-c, Pub Health L | |
  | |
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. |
A02901 Actions:
BILL NO | A02901C | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/20/2015 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
02/10/2015 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2015 | amend (t) and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2015 | print number 2901a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2015 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2015 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2015 | rules report cal.518 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2015 | ordered to third reading rules cal.518 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2015 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2015 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2015 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | ordered to third reading cal.131 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/24/2016 | amended on third reading 2901b | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2016 | amended on third reading 2901c | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2016 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2016 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2016 | REFERRED TO CHILDREN AND FAMILIES |
A02901 Committee Votes:
Go to topA02901 Floor Votes:
Yes
Abbate
Yes
Corwin
No
Goodell
Yes
Lupardo
Yes
Paulin
No
Silver
No
Abinanti
Yes
Crespo
Yes
Gottfried
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Simanowitz
Yes
Arroyo
Yes
Crouch
Yes
Graf
Yes
Magee
Yes
Perry
Yes
Simon
Yes
Aubry
Yes
Curran
No
Gunther
No
Magnarelli
No
Persaud
Yes
Simotas
No
Barclay
Yes
Cusick
Yes
Hawley
Yes
Malliotakis
Yes
Pichardo
Yes
Skartados
Yes
Barrett
Yes
Cymbrowitz
Yes
Hevesi
ER
Markey
Yes
Pretlow
Yes
Skoufis
No
Barron
Yes
Davila
Yes
Hikind
Yes
Mayer
No
Quart
Yes
Solages
Yes
Benedetto
Yes
DenDekker
Yes
Hooper
Yes
McDonald
Yes
Ra
Yes
Stec
ER
Bichotte
Yes
Dilan
No
Jaffee
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Blake
Yes
Dinowitz
Yes
Jean-Pierre
Yes
McKevitt
Yes
Ramos
Yes
Stirpe
No
Blankenbush
Yes
DiPietro
Yes
Johns
Yes
McLaughlin
Yes
Richardson
Yes
Tedisco
Yes
Borelli
Yes
Duprey
Yes
Joyner
Yes
Miller
Yes
Rivera
Yes
Tenney
Yes
Brabenec
Yes
Englebright
Yes
Kaminsky
Yes
Montesano
ER
Roberts
Yes
Thiele
No
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Robinson
Yes
Titone
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rodriguez
Yes
Titus
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Rosenthal
Yes
Walker
Yes
Bronson
Yes
Fitzpatrick
Yes
Kim
Yes
Murray
No
Rozic
Yes
Walter
Yes
Brook-Krasny
Yes
Friend
Yes
Kolb
Yes
Nojay
No
Russell
No
Weinstein
Yes
Buchwald
Yes
Galef
ER
Lalor
Yes
Nolan
Yes
Ryan
Yes
Weprin
Yes
Butler
Yes
Gantt
Yes
Lavine
Yes
Oaks
Yes
Saladino
No
Woerner
Yes
Cahill
Yes
Garbarino
Yes
Lawrence
No
O'Donnell
Yes
Santabarbara
Yes
Wozniak
Yes
Ceretto
Yes
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Wright
ER
Clark
Yes
Gjonaj
Yes
Lifton
Yes
Otis
Yes
Schimminger
Yes
Zebrowski
Yes
Colton
No
Glick
Yes
Linares
Yes
Palmesano
No
Seawright
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
Yes
Lopez
Yes
Palumbo
Yes
Sepulveda
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Crespo
Yes
Gottfried
Yes
Lopez
No
Palumbo
No
Simon
No
Abinanti
Yes
Crouch
Yes
Graf
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Arroyo
Yes
Curran
No
Gunther
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Aubry
Yes
Cusick
No
Harris
Yes
Magee
Yes
Perry
Yes
Skoufis
No
Barclay
Yes
Cymbrowitz
Yes
Hawley
No
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barrett
Yes
Davila
Yes
Hevesi
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Markey
No
Quart
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
Mayer
ER
Ra
Yes
Stirpe
ER
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonald
Yes
Raia
Yes
Tedisco
Yes
Blake
No
DiPietro
Yes
Hyndman
Yes
McDonough
Yes
Ramos
Yes
Tenney
No
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
McKevitt
Yes
Richardson
No
Thiele
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
McLaughlin
Yes
Rivera
Yes
Titone
No
Braunstein
Yes
Fahy
Yes
Johns
Yes
Miller
Yes
Robinson
Yes
Titus
ER
Brennan
Yes
Farrell
Yes
Joyner
No
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brindisi
No
Finch
ER
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Bronson
No
Fitzpatrick
Yes
Kavanagh
Yes
Mosley
No
Rozic
No
Weinstein
Yes
Buchwald
No
Friend
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Butler
Yes
Galef
ER
Kim
Yes
Murray
Yes
Ryan
Yes
Williams
Yes
Cahill
Yes
Gantt
Yes
Kolb
No
Nojay
Yes
Saladino
No
Woerner
ER
Cancel
No
Garbarino
Yes
Lalor
Yes
Nolan
Yes
Santabarbara
Yes
Wozniak
Yes
Castorina
Yes
Giglio
Yes
Lavine
Yes
Oaks
ER
Schimel
ER
Wright
Yes
Ceretto
Yes
Gjonaj
No
Lawrence
No
O'Donnell
Yes
Schimminger
Yes
Zebrowski
Yes
Colton
No
Glick
Yes
Lentol
Yes
Ortiz
No
Seawright
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
Yes
Lifton
Yes
Otis
Yes
Sepulveda
No
Corwin
No
Goodell
Yes
Linares
Yes
Palmesano
No
Simanowitz
‡ Indicates voting via videoconference
A02901 Memo:
Go to topNEW 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.
A02901 Text:
Go to top 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. LBD07428-09-6A. 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 ofA. 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.