A05494 Summary:

BILL NOA05494
 
SAME ASSAME AS S03419
 
SPONSORWeprin (MS)
 
COSPNSRHunter, Sayegh, Romeo, Colton, Schmitt, De La Rosa, Galef, Jean-Pierre, Carroll, D'Urso, Woerner, Gottfried, Seawright, Rivera, Thiele, Blake, Johns, Rosenthal L, Barron, Brabenec, Schimminger, McDonough, Smith, Lavine, Simon, Mosley, Otis, Lupardo, Benedetto, Titus, Ortiz, Aubry, Kim, Pichardo, Cusick, Stirpe, Dilan, Steck, Walker, Richardson, DiPietro, Cahill, Hevesi, Bichotte, Joyner, Santabarbara, Raia, DenDekker, Dickens, Manktelow, McDonald, Salka, Reilly, Cook, Walczyk, Frontus, Reyes, Jaffee, Taylor, Fernandez, Fall, Raynor, Cruz, Vanel, Eichenstein, Stern, Hyndman, Pheffer Amato, McMahon, Rosenthal D, Fahy, Crespo
 
MLTSPNSRArroyo, Barrett, Buchwald, Crouch, Davila, DeStefano, Dinowitz, Englebright, Giglio, Hawley, Kolb, Lalor, Lifton, Malliotakis, Nolan, Palmesano, Palumbo, Paulin, Peoples-Stokes, Perry, Pretlow, Ra, Ramos, Rodriguez, Ryan, Solages, Stec, Wright, Zebrowski
 
Add 4138-e, amd 4138, 4138-d & 4104, Pub Health L; amd 114, Dom Rel L
 
Establishes the right of adoptees to receive a certified copy of their birth certificate upon reaching the age of 18, or if the adopted person is deceased, the adopted person's direct line descendants, or the lawful representative of such adopted person, or lawful representatives of such deceased adopted person's direct line descendants.
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A05494 Actions:

BILL NOA05494
 
02/12/2019referred to health
04/30/2019reported referred to codes
06/19/2019reported referred to rules
06/20/2019reported
06/20/2019rules report cal.642
06/20/2019substituted by s3419
 S03419 AMEND= MONTGOMERY
 02/06/2019REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
 02/14/2019COMMITTEE DISCHARGED AND COMMITTED TO HEALTH
 05/14/20191ST REPORT CAL.757
 05/15/20192ND REPORT CAL.
 05/20/2019ADVANCED TO THIRD READING
 06/03/2019PASSED SENATE
 06/03/2019DELIVERED TO ASSEMBLY
 06/03/2019referred to codes
 06/20/2019substituted for a5494
 06/20/2019ordered to third reading rules cal.642
 06/20/2019passed assembly
 06/20/2019returned to senate
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A05494 Committee Votes:

HEALTH Chair:Gottfried DATE:04/30/2019AYE/NAY:22/3 Action: Favorable refer to committee Codes
GottfriedAyeRaiaAye
SchimmingerAyeMcDonoughAye
GalefAyeRaAye
DinowitzAyeGarbarinoNay
CahillAyeByrneNay
PaulinAyeByrnesAye
CymbrowitzAyeAshbyAye
GuntherAye
RosenthalAye
HevesiAye
JaffeeAye
SteckAye
AbinantiAye
BraunsteinNay
KimAye
SolagesAye
BichotteExcused
BarronAye
SayeghAye

CODES Chair:Lentol DATE:06/19/2019AYE/NAY:20/2 Action: Favorable refer to committee Rules
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellNayGarbarinoNay
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

RULES Chair:Gottfried DATE:06/20/2019AYE/NAY:27/0 Action: Favorable
HeastieExcusedKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayAye
NolanAyeRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinExcused
TitusAye
Peoples-StokesExcused
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

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A05494 Floor Votes:

There are no votes for this bill in this legislative session.
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A05494 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5494
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2019
                                       ___________
 
        Introduced  by  M. of A. WEPRIN, HUNTER, SAYEGH, ROMEO, COLTON, SCHMITT,
          DE LA ROSA, GALEF, JEAN-PIERRE, CARROLL, D'URSO,  WOERNER,  GOTTFRIED,
          SEAWRIGHT,  RIVERA, THIELE, BLAKE, JOHNS, L. ROSENTHAL, BARRON, BRABE-
          NEC, SCHIMMINGER,  McDONOUGH,  SMITH,  LAVINE,  SIMON,  MOSLEY,  OTIS,
          LUPARDO,  BENEDETTO,  TITUS,  ORTIZ,  AUBRY,  KIM,  PICHARDO,  CUSICK,
          STIRPE, DILAN, STECK, WALKER, RICHARDSON,  DiPIETRO,  CAHILL,  HEVESI,
          BICHOTTE,  JOYNER, SANTABARBARA, RAIA, DenDEKKER -- Multi-Sponsored by
          -- M. of A. ARROYO, BARRETT, BUCHWALD, COOK, DAVILA, DeSTEFANO, DINOW-
          ITZ, ENGLEBRIGHT, FAHY, GIGLIO, HAWLEY, KOLB, LALOR,  LIFTON,  MALLIO-
          TAKIS, PALMESANO, PALUMBO, PAULIN, PEOPLES-STOKES, PERRY, PRETLOW, RA,
          RAMOS,  RODRIGUEZ, RYAN, SOLAGES, STEC, WRIGHT, ZEBROWSKI -- read once
          and referred to the Committee on Health
 
        AN ACT to amend the public health law and the domestic relations law, in
          relation to authorizing adoptees to obtain a certified copy  of  their
          birth certificate
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  4138-e to read as follows:
     3    §  4138-e.  Adoptee's  right  to  a certified copy of his or her birth
     4  certificate.  1. The legislature hereby states its intention to acknowl-
     5  edge, support and encourage the life-long health and well-being needs of
     6  persons who have been and will be adopted in this state. The legislature
     7  further recognizes that the denial of access to  accurate  and  complete
     8  medical  and  self-identifying  data  of  any  adopted person, known and
     9  wilfully withheld by others, may result in  such  person  succumbing  to
    10  preventable  disease,  premature death or otherwise unhealthy life, is a
    11  violation of that person's human rights and is contrary to the tenets of
    12  government. As such, the provisions of this section  seek  to  establish
    13  considerations under the law for adopted persons equal to such consider-
    14  ations permitted by law to all non-adopted persons; this section does so
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09643-01-9

        A. 5494                             2
 
     1  while  providing  for  the  privacy  of an adopted person and his or her
     2  birth.
     3    2. (a) Notwithstanding any other provision of law, the commissioner or
     4  a  local  registrar  or  any  person authorized by the commissioner or a
     5  local registrar, upon application, proof of identity and  payment  of  a
     6  nominal  fee, shall issue certified copies of original long form line by
     7  line, vault copy birth certificates, including any  change  attached  to
     8  that  certificate  by  a  birth  parent  or parents, and any information
     9  provided to the commissioner or a local registrar pursuant  to  subdivi-
    10  sion  one of section one hundred fourteen of the domestic relations law,
    11  to (i) an adopted person, if eighteen years of age or more, or  (ii)  if
    12  the  adopted  person  is  deceased,  the  adopted  person's  direct line
    13  descendants, or (iii) the lawful representatives of such adopted person,
    14  or lawful representatives of such deceased adopted person's direct  line
    15  descendants, as the case may be.
    16    (b)  When  it  shall  be  impossible  for  the commissioner or a local
    17  registrar to provide a copy of an adult adopted person's  original  long
    18  form  birth  certificate  (as may occur in the case of an adopted person
    19  born outside of, but adopted within, the state and such  certificate  is
    20  not  part  of the records of the commissioner or a local registrar), the
    21  true and correct information about the adopted person  and  the  adopted
    22  person's  birth  parents,  including their identifying information, that
    23  would have appeared on such original birth certificate shall be provided
    24  to:  (i) the adopted person, if eighteen years of age or more,  or  (ii)
    25  if  the  adopted  person  is  deceased, the adopted person's direct line
    26  descendants, or (iii) the lawful representatives of such adopted person,
    27  or lawful representatives of such deceased adopted person's direct  line
    28  descendants,  as  the case may be by any authorized agency as defined in
    29  paragraphs (a) and (b) of  subdivision  ten  of  section  three  hundred
    30  seventy-one  of  the social services law. In such case, the agency shall
    31  be held harmless from any liability arising out of the disclosure.
    32    (c) For purposes of this subdivision, the  term  "commissioner"  shall
    33  include the state commissioner of health, the commissioner of health and
    34  mental hygiene of the city of New York and for records of birth prior to
    35  January  first,  nineteen  hundred fourteen, the local registrars of the
    36  cities of Albany, Buffalo and Yonkers.
    37    § 2. Subdivision 4 of section  4138  of  the  public  health  law,  as
    38  amended  by  chapter  559  of  the  laws  of 1992, is amended to read as
    39  follows:
    40    4. The commissioner may make a microfilm or other suitable copy of the
    41  original certificate of birth and  all  papers  pertaining  to  the  new
    42  certificate of birth. In such event, the original certificate and papers
    43  may  be  destroyed.  All  undestroyed certificates and papers and copies
    44  thereof shall be confidential and the  contents  thereof  shall  not  be
    45  released  or  otherwise divulged except by order of a court of competent
    46  jurisdiction or pursuant to  section  forty-one  hundred  thirty-eight-c
    47  [or],  forty-one  hundred  thirty-eight-d  or  forty-one hundred thirty-
    48  eight-e of this [article] title.
    49    § 3. Subdivision 5 of section  4138  of  the  public  health  law,  as
    50  amended  by  chapter  201  of  the  laws  of 1972, is amended to read as
    51  follows:
    52    5. Thereafter, when a certified copy or certified  transcript  of  the
    53  certificate  of  birth of such a person, or a certification of birth for
    54  such person is issued, it shall be based upon  the  new  certificate  of
    55  birth,  except  when an order of a court of competent jurisdiction shall
    56  require the issuance of a copy of the original certificate of  birth  or

        A. 5494                             3
 
     1  application  is made pursuant to section four thousand one hundred thir-
     2  ty-eight-e of this title.
     3    §  4.  Paragraph  (a)  of  subdivision 3 of section 4138 of the public
     4  health law, as amended by chapter 201 of the laws of 1972, is amended to
     5  read as follows:
     6    (a) When a new certificate of birth is  made  the  commissioner  shall
     7  substitute  such  new  certificate  for the certificate of birth then on
     8  file, if any, and shall send the registrar of the district in which  the
     9  birth  occurred  a  copy  of the new certificate of birth. The registrar
    10  shall make a copy of the new certificate for the local record  and  hold
    11  the  contents  of  the original local record confidential along with all
    12  papers and copies pertaining thereto. It shall not be released or other-
    13  wise divulged except by order of a court of  competent  jurisdiction  or
    14  pursuant  to  section  four  thousand one hundred thirty-eight-e of this
    15  title.
    16    § 5. Paragraph (b) of subdivision 3 of  section  4138  of  the  public
    17  health  law,  as added by chapter 201 of the laws of 1972, is amended to
    18  read as follows:
    19    (b) Thereafter, when a verified transcript or certification  of  birth
    20  of  such   person is issued by the registrar, it shall be based upon the
    21  new certificate, except when an order of a court of competent  jurisdic-
    22  tion  shall  require  the  issuance  of a verified transcript or certif-
    23  ication based upon the original local record of birth or application  is
    24  made  pursuant  to  section  four thousand one hundred thirty-eight-e of
    25  this title.
    26    § 6. Section 4138 of the public health law is amended by adding a  new
    27  subdivision 8 to read as follows:
    28    8.  An  adopted  person  eighteen  years of age or older, or the birth
    29  parent or parents, may submit to the registrar a  notice  of  change  of
    30  name  and/or  address  and  such  information  shall  be attached to the
    31  original birth certificate of the adopted person.
    32    § 7.  Paragraph (b) of subdivision 3 of section 4138-d of  the  public
    33  health law, as amended by chapter 181 of the laws of 2010, is amended to
    34  read as follows:
    35    (b)  If  the  agency  determines  that the agency was involved in such
    36  adoption, it shall transmit the registration to the adoption information
    37  registry operated by the department and the  agency  shall  release  the
    38  non-identifying  information,  as  defined  in section forty-one hundred
    39  thirty-eight-c of this title, to the [adoptee registrant. The agency may
    40  restrict the nature of the non-identifying information released pursuant
    41  to this section upon a reasonable determination that disclosure of  such
    42  non-identifying  information  would not be in the adoptee's, the biolog-
    43  ical sibling's or parent's best interest] adopted person.
    44    § 8. Section 4104 of the public health law, as amended by chapter  153
    45  of the laws of 2011, is amended to read as follows:
    46    §  4104.  Vital  statistics; application of article. The provisions of
    47  this article except for the provisions contained  in  paragraph  (i)  of
    48  subdivision  two  and  subdivision  four  of  section  four thousand one
    49  hundred, section four thousand one hundred  three,  subdivision  two  of
    50  section four thousand one hundred thirty-five, section four thousand one
    51  hundred  thirty-five-b,  subdivision  eight of section four thousand one
    52  hundred seventy-four, paragraphs (b) and (e) of subdivision  one,  para-
    53  graph  (a) and (b) of subdivision three, and subdivisions five and eight
    54  of section four thousand one hundred thirty-eight, subdivision eleven of
    55  section four thousand  one  hundred  thirty-eight-c,  paragraph  (b)  of
    56  subdivision  three  of section four thousand one hundred thirty-eight-d,

        A. 5494                             4
 
     1  section four thousand one hundred thirty-eight-e and section four  thou-
     2  sand  one  hundred  seventy-nine of this article, shall not apply to the
     3  city of New York.
     4    §  9.  Subdivision  1 of section 114 of the domestic relations law, as
     5  amended by chapter 751 of the laws of 1989 and designated by chapter 601
     6  of the laws of 1994, is amended to read as follows:
     7    1. If satisfied that the best interests of the adoptive child will  be
     8  promoted  thereby,  the judge or surrogate shall make an order approving
     9  the adoption and directing that the adoptive child shall thenceforth  be
    10  regarded  and  treated  in  all  respects  as  the child of the adoptive
    11  parents or parent. In determining whether  the  best  interests  of  the
    12  adoptive  child will be promoted by the adoption, the judge or surrogate
    13  shall give due consideration to any assurance by a local commissioner of
    14  social services that he or she will provide necessary support and  main-
    15  tenance for the adoptive child pursuant to the social services law. Such
    16  order shall contain the full name, date and place of birth and reference
    17  to  the  schedule annexed to the petition containing the medical history
    18  of the child in the body thereof  and  shall  direct  that  the  child's
    19  medical  history,  heritage  of  the  birth parents, which shall include
    20  nationality, ethnic background and race; education, which shall  be  the
    21  number  of years of school completed by the birth parents at the time of
    22  the birth and also at the time  of  surrender  of  the  adoptive  child;
    23  general  physical  appearance  of  the  birth parents at the time of the
    24  birth and also at the time of surrender of  the  adoptive  child,  which
    25  shall  include  height, weight, color of hair, eyes, skin; occupation of
    26  the birth parents at the time of the birth  and  also  at  the  time  of
    27  surrender of the adoptive child; health and medical history of the birth
    28  parents  at  the  time of the birth and also at the time of surrender of
    29  the adoptive child, including all available  information  setting  forth
    30  conditions  or  diseases believed to be hereditary, any drugs or medica-
    31  tion taken during the pregnancy by the child's  mother;  and  any  other
    32  information  which  may  be  a factor influencing the child's present or
    33  future health, including the talents, hobbies and special  interests  of
    34  the  birth  parents  as  contained  in the petition, be furnished to the
    35  adoptive parents, the commissioner and the appropriate  local  registrar
    36  of  vital statistics.   If the judge or surrogate is also satisfied that
    37  there is no reasonable objection to the change  of  name  proposed,  the
    38  order shall direct that the name of the adoptive child be changed to the
    39  name  stated  in the agreement of adoption and that henceforth he or she
    40  shall be known by that name. All such orders  made  by  a  family  court
    41  judge  of  Westchester  county  since  September first, nineteen hundred
    42  sixty-two, and on file in the office of the county clerk of such  county
    43  shall  be  transferred  to the clerk of the family court of such county.
    44  Such order and all the papers in the proceeding shall be  filed  in  the
    45  office of the court granting the adoption and the order shall be entered
    46  in  books  which  shall be kept under seal and which shall be indexed by
    47  the name of the adoptive parents and by the full original  name  of  the
    48  child. Such order, including orders heretofore entered, shall be subject
    49  to  inspection  and  examination  only as hereinafter provided. Notwith-
    50  standing the fact that adoption records shall be sealed and secret, they
    51  may be microfilmed and processed pursuant to  an  order  of  the  court,
    52  provided  that  such  order  provides  that  the confidentiality of such
    53  records be maintained. If the confidentiality is violated, the person or
    54  company violating it can be found guilty of contempt of court. The  fact
    55  that  the adoptive child was born out of wedlock shall in no case appear
    56  in such order. The written report of the investigation together with all

        A. 5494                             5
 
     1  other papers pertaining to the adoption shall be kept by  the  judge  or
     2  surrogate as a permanent record of his or her court and such papers must
     3  be  sealed by him or her and withheld from inspection. No certified copy
     4  of  the  order of adoption shall issue unless authorized by court order,
     5  except that certified copies may issue to the agency or agencies in  the
     6  proceeding  prior  to  the  sealing  of the papers. Before the record is
     7  sealed, such order may be granted upon written ex parte  application  on
     8  good cause shown and upon such conditions as the court may impose. After
     9  the  record  is  sealed,  such  order may be granted only upon notice as
    10  hereinafter provided for disclosure or access and inspection of records.
    11  The clerk upon request of a person  or  agency  entitled  thereto  shall
    12  issue  certificates of adoption which shall contain only the new name of
    13  the child and the date and place of birth of the child, the name of  the
    14  adoptive  parents  and  the  date  when and court where the adoption was
    15  granted, which certificate as to the facts recited  therein  shall  have
    16  the  same  force and effect as a certified copy of an order of adoption.
    17  For the purposes of this subdivision, the term "commissioner" shall mean
    18  the state commissioner of health and, with respect to an adoptive  child
    19  born  in  the  city  of  New York, the commissioner of health and mental
    20  hygiene of the city of New York.
    21    § 10. This act shall take effect January 15, 2020, provided,  however,
    22  that  effective  immediately,  the commissioner of health is directed to
    23  promulgate such rules and regulations as may be necessary to  carry  out
    24  the provisions of this act.
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