S03419 Summary:

BILL NOS03419
 
SAME ASSAME AS A05494
 
SPONSORMONTGOMERY
 
COSPNSRBAILEY, BIAGGI, CARLUCCI, COMRIE, GAUGHRAN, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAPLAN, KRUEGER, LANZA, LITTLE, LIU, MAY, MAYER, METZGER, MYRIE, PARKER, RAMOS, SALAZAR, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, THOMAS
 
MLTSPNSR
 
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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S03419 Actions:

BILL NOS03419
 
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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S03419 Committee Votes:

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S03419 Floor Votes:

DATE:06/20/2019Assembly Vote  YEA/NAY: 140/6
AbbateYCrespoYGanttERLiPetriYPerryYSimonY
AbinantiYCrouchYGarbarinoNOLupardoYPheffer AmatoYSimotasY
ArroyoYCruzYGiglioYMagnarelliYPichardoYSmithY
AshbyYCusickYGlickYMalliotakisYPretlowYSmullenY
AubryYCymbrowitzYGoodellNOManktelowYQuartYSolagesY
BarclayNODavilaYGottfriedYMcDonaldYRaYStecY
BarnwellYDe La RosaYGriffinYMcDonoughERRaiaYSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternY
BarronYDeStefanoYHawleyYMikulinYRaynorYStirpeY
BenedettoYDickensYHevesiYMill B YReillyYTagueY
BichotteYDilanYHunterYMill MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMill MLYRichardsonYThieleY
BlankenbushYDiPietroYJacobsonYMontesanoYRiveraYTitusY
BrabenecYD'UrsoYJaffeeYMorinelloYRodriguezYVanelY
BraunsteinNOEichensteinYJean-PierreYMosleyYRomeoYWalczykY
BronsonYEnglebrightYJohnsYNiouYRose D YWalkerY
BuchwaldYEpsteinYJonesYNolanYRose L YWallaceY
BurkeYFahyYJoynerYNorrisYRozicYWalshNO
ButtenschonYFallYKimYO'DonnellYRyanYWeinsteinNO
ByrneYFernandezYKolbYOrtizYSalkaYWeprinY
ByrnesYFinchYLalorYOtisYSantabarbaraYWilliamsY
CahillYFitzpatrickYLavineYPalmesanoYSayeghERWoernerY
CarrollYFriendYLawrenceYPalumboYSchimmingerYWrightY
ColtonYFrontusYLentolYPaulinYSchmittYZebrowskiY
CookYGalefYLiftonYPeoples-StokesERSeawrightYMr SpkrY

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S03419 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3419
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 6, 2019
                                       ___________
 
        Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Investigations  and
          Government Operations
 
        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
    15  while providing for the privacy of an adopted  person  and  his  or  her
    16  birth.
    17    2. (a) Notwithstanding any other provision of law, the commissioner or
    18  a  local  registrar  or  any  person authorized by the commissioner or a
    19  local registrar, upon application, proof of identity and  payment  of  a
    20  nominal  fee, shall issue certified copies of original long form line by
    21  line, vault copy birth certificates, including any  change  attached  to
    22  that  certificate  by  a  birth  parent  or parents, and any information
    23  provided to the commissioner or a local registrar pursuant  to  subdivi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09643-01-9

        S. 3419                             2
 
     1  sion  one of section one hundred fourteen of the domestic relations law,
     2  to (i) an adopted person, if eighteen years of age or more, or  (ii)  if
     3  the  adopted  person  is  deceased,  the  adopted  person's  direct line
     4  descendants, or (iii) the lawful representatives of such adopted person,
     5  or  lawful representatives of such deceased adopted person's direct line
     6  descendants, as the case may be.
     7    (b) When it shall be  impossible  for  the  commissioner  or  a  local
     8  registrar  to  provide a copy of an adult adopted person's original long
     9  form birth certificate (as may occur in the case of  an  adopted  person
    10  born  outside  of, but adopted within, the state and such certificate is
    11  not part of the records of the commissioner or a local  registrar),  the
    12  true  and  correct  information about the adopted person and the adopted
    13  person's birth parents, including their  identifying  information,  that
    14  would have appeared on such original birth certificate shall be provided
    15  to:    (i) the adopted person, if eighteen years of age or more, or (ii)
    16  if the adopted person is deceased,  the  adopted  person's  direct  line
    17  descendants, or (iii) the lawful representatives of such adopted person,
    18  or  lawful representatives of such deceased adopted person's direct line
    19  descendants, as the case may be by any authorized agency as  defined  in
    20  paragraphs  (a)  and  (b)  of  subdivision  ten of section three hundred
    21  seventy-one of the social services law. In such case, the  agency  shall
    22  be held harmless from any liability arising out of the disclosure.
    23    (c)  For  purposes  of this subdivision, the term "commissioner" shall
    24  include the state commissioner of health, the commissioner of health and
    25  mental hygiene of the city of New York and for records of birth prior to
    26  January first, nineteen hundred fourteen, the local  registrars  of  the
    27  cities of Albany, Buffalo and Yonkers.
    28    §  2.  Subdivision  4  of  section  4138  of the public health law, as
    29  amended by chapter 559 of the laws  of  1992,  is  amended  to  read  as
    30  follows:
    31    4. The commissioner may make a microfilm or other suitable copy of the
    32  original  certificate  of  birth  and  all  papers pertaining to the new
    33  certificate of birth. In such event, the original certificate and papers
    34  may be destroyed. All undestroyed certificates  and  papers  and  copies
    35  thereof  shall  be  confidential  and  the contents thereof shall not be
    36  released or otherwise divulged except by order of a court  of  competent
    37  jurisdiction  or  pursuant  to  section forty-one hundred thirty-eight-c
    38  [or], forty-one hundred  thirty-eight-d  or  forty-one  hundred  thirty-
    39  eight-e of this [article] title.
    40    §  3.  Subdivision  5  of  section  4138  of the public health law, as
    41  amended by chapter 201 of the laws  of  1972,  is  amended  to  read  as
    42  follows:
    43    5.  Thereafter,  when  a certified copy or certified transcript of the
    44  certificate of birth of such a person, or a certification of  birth  for
    45  such  person  is  issued,  it shall be based upon the new certificate of
    46  birth, except when an order of a court of competent  jurisdiction  shall
    47  require  the  issuance of a copy of the original certificate of birth or
    48  application is made pursuant to section four thousand one hundred  thir-
    49  ty-eight-e of this title.
    50    §  4.  Paragraph  (a)  of  subdivision 3 of section 4138 of the public
    51  health law, as amended by chapter 201 of the laws of 1972, is amended to
    52  read as follows:
    53    (a) When a new certificate of birth is  made  the  commissioner  shall
    54  substitute  such  new  certificate  for the certificate of birth then on
    55  file, if any, and shall send the registrar of the district in which  the
    56  birth  occurred  a  copy  of the new certificate of birth. The registrar

        S. 3419                             3
 
     1  shall make a copy of the new certificate for the local record  and  hold
     2  the  contents  of  the original local record confidential along with all
     3  papers and copies pertaining thereto. It shall not be released or other-
     4  wise  divulged  except  by order of a court of competent jurisdiction or
     5  pursuant to section four thousand one  hundred  thirty-eight-e  of  this
     6  title.
     7    §  5.  Paragraph  (b)  of  subdivision 3 of section 4138 of the public
     8  health law, as added by chapter 201 of the laws of 1972, is  amended  to
     9  read as follows:
    10    (b)  Thereafter,  when a verified transcript or certification of birth
    11  of such  person is issued by the registrar, it shall be based  upon  the
    12  new  certificate, except when an order of a court of competent jurisdic-
    13  tion shall require the issuance of  a  verified  transcript  or  certif-
    14  ication  based upon the original local record of birth or application is
    15  made pursuant to section four thousand  one  hundred  thirty-eight-e  of
    16  this title.
    17    §  6. Section 4138 of the public health law is amended by adding a new
    18  subdivision 8 to read as follows:
    19    8. An adopted person eighteen years of age  or  older,  or  the  birth
    20  parent  or  parents,  may  submit to the registrar a notice of change of
    21  name and/or address and  such  information  shall  be  attached  to  the
    22  original birth certificate of the adopted person.
    23    §  7.   Paragraph (b) of subdivision 3 of section 4138-d of the public
    24  health law, as amended by chapter 181 of the laws of 2010, is amended to
    25  read as follows:
    26    (b) If the agency determines that the  agency  was  involved  in  such
    27  adoption, it shall transmit the registration to the adoption information
    28  registry  operated  by  the  department and the agency shall release the
    29  non-identifying information, as defined  in  section  forty-one  hundred
    30  thirty-eight-c of this title, to the [adoptee registrant. The agency may
    31  restrict the nature of the non-identifying information released pursuant
    32  to  this section upon a reasonable determination that disclosure of such
    33  non-identifying information would not be in the adoptee's,  the  biolog-
    34  ical sibling's or parent's best interest] adopted person.
    35    §  8. Section 4104 of the public health law, as amended by chapter 153
    36  of the laws of 2011, is amended to read as follows:
    37    § 4104. Vital statistics; application of article.  The  provisions  of
    38  this  article  except  for  the provisions contained in paragraph (i) of
    39  subdivision two and  subdivision  four  of  section  four  thousand  one
    40  hundred,  section  four  thousand  one hundred three, subdivision two of
    41  section four thousand one hundred thirty-five, section four thousand one
    42  hundred thirty-five-b, subdivision eight of section  four  thousand  one
    43  hundred  seventy-four,  paragraphs (b) and (e) of subdivision one, para-
    44  graph (a) and (b) of subdivision three, and subdivisions five and  eight
    45  of section four thousand one hundred thirty-eight, subdivision eleven of
    46  section  four  thousand  one  hundred  thirty-eight-c,  paragraph (b) of
    47  subdivision three of section four thousand one  hundred  thirty-eight-d,
    48  section  four thousand one hundred thirty-eight-e and section four thou-
    49  sand one hundred seventy-nine of this article, shall not  apply  to  the
    50  city of New York.
    51    §  9.  Subdivision  1 of section 114 of the domestic relations law, as
    52  amended by chapter 751 of the laws of 1989 and designated by chapter 601
    53  of the laws of 1994, is amended to read as follows:
    54    1. If satisfied that the best interests of the adoptive child will  be
    55  promoted  thereby,  the judge or surrogate shall make an order approving
    56  the adoption and directing that the adoptive child shall thenceforth  be

        S. 3419                             4
 
     1  regarded  and  treated  in  all  respects  as  the child of the adoptive
     2  parents or parent. In determining whether  the  best  interests  of  the
     3  adoptive  child will be promoted by the adoption, the judge or surrogate
     4  shall give due consideration to any assurance by a local commissioner of
     5  social  services that he or she will provide necessary support and main-
     6  tenance for the adoptive child pursuant to the social services law. Such
     7  order shall contain the full name, date and place of birth and reference
     8  to the schedule annexed to the petition containing the  medical  history
     9  of  the  child  in  the  body  thereof and shall direct that the child's
    10  medical history, heritage of the  birth  parents,  which  shall  include
    11  nationality,  ethnic  background and race; education, which shall be the
    12  number of years of school completed by the birth parents at the time  of
    13  the  birth  and  also  at  the  time of surrender of the adoptive child;
    14  general physical appearance of the birth parents  at  the  time  of  the
    15  birth  and  also  at  the time of surrender of the adoptive child, which
    16  shall include height, weight, color of hair, eyes, skin;  occupation  of
    17  the  birth  parents  at  the  time  of the birth and also at the time of
    18  surrender of the adoptive child; health and medical history of the birth
    19  parents at the time of the birth and also at the time  of  surrender  of
    20  the  adoptive  child,  including all available information setting forth
    21  conditions or diseases believed to be hereditary, any drugs  or  medica-
    22  tion  taken  during  the  pregnancy by the child's mother; and any other
    23  information which may be a factor influencing  the  child's  present  or
    24  future  health,  including the talents, hobbies and special interests of
    25  the birth parents as contained in the  petition,  be  furnished  to  the
    26  adoptive  parents,  the commissioner and the appropriate local registrar
    27  of vital statistics.  If the judge or surrogate is also  satisfied  that
    28  there  is  no  reasonable  objection to the change of name proposed, the
    29  order shall direct that the name of the adoptive child be changed to the
    30  name stated in the agreement of adoption and that henceforth he  or  she
    31  shall  be  known  by  that  name. All such orders made by a family court
    32  judge of Westchester county  since  September  first,  nineteen  hundred
    33  sixty-two,  and on file in the office of the county clerk of such county
    34  shall be transferred to the clerk of the family court  of  such  county.
    35  Such  order  and  all the papers in the proceeding shall be filed in the
    36  office of the court granting the adoption and the order shall be entered
    37  in books which shall be kept under seal and which shall  be  indexed  by
    38  the  name  of  the adoptive parents and by the full original name of the
    39  child. Such order, including orders heretofore entered, shall be subject
    40  to inspection and examination only  as  hereinafter  provided.  Notwith-
    41  standing the fact that adoption records shall be sealed and secret, they
    42  may  be  microfilmed  and  processed  pursuant to an order of the court,
    43  provided that such order  provides  that  the  confidentiality  of  such
    44  records be maintained. If the confidentiality is violated, the person or
    45  company  violating it can be found guilty of contempt of court. The fact
    46  that the adoptive child was born out of wedlock shall in no case  appear
    47  in such order. The written report of the investigation together with all
    48  other  papers  pertaining  to the adoption shall be kept by the judge or
    49  surrogate as a permanent record of his or her court and such papers must
    50  be sealed by him or her and withheld from inspection. No certified  copy
    51  of  the  order of adoption shall issue unless authorized by court order,
    52  except that certified copies may issue to the agency or agencies in  the
    53  proceeding  prior  to  the  sealing  of the papers. Before the record is
    54  sealed, such order may be granted upon written ex parte  application  on
    55  good cause shown and upon such conditions as the court may impose. After
    56  the  record  is  sealed,  such  order may be granted only upon notice as

        S. 3419                             5
 
     1  hereinafter provided for disclosure or access and inspection of records.
     2  The clerk upon request of a person  or  agency  entitled  thereto  shall
     3  issue  certificates of adoption which shall contain only the new name of
     4  the  child and the date and place of birth of the child, the name of the
     5  adoptive parents and the date when and  court  where  the  adoption  was
     6  granted,  which  certificate  as to the facts recited therein shall have
     7  the same force and effect as a certified copy of an order  of  adoption.
     8  For the purposes of this subdivision, the term "commissioner" shall mean
     9  the  state commissioner of health and, with respect to an adoptive child
    10  born in the city of New York, the  commissioner  of  health  and  mental
    11  hygiene of the city of New York.
    12    §  10. This act shall take effect January 15, 2020, provided, however,
    13  that effective immediately, the commissioner of health  is  directed  to
    14  promulgate  such  rules and regulations as may be necessary to carry out
    15  the provisions of this act.
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