Bill Text: NY A07063 | 2019-2020 | General Assembly | Introduced

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Bill Title: Authorizes a justice, surrogate or judge of the court to release sealed adoption records for adopted natural siblings to the applicant if such records are available.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A07063 Detail]

Download: New_York-2019-A07063-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7063
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Judiciary
        AN ACT to amend the domestic relations law, in relation  to  records  of
          adopted natural siblings
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The domestic relations law  is  amended  by  adding  a  new
     2  section 114-a to read as follows:
     3    §  114-a.  Records  of adopted natural siblings. 1. The term "eligible
     4  person" shall mean a person who is (a) legally adopted and is  at  least
     5  eighteen  years  old; or (b) the non-adopted natural sibling or half-si-
     6  bling of a person who was legally adopted who is at least eighteen years
     7  old.
     8    2. Notwithstanding the foregoing any other inconsistent provisions  of
     9  law,  a  justice,  surrogate or judge of the court in which the order of
    10  adoption was made shall, upon written ex parte application by an  eligi-
    11  ble  person,  grant  an  order  directing  the clerk of the court who is
    12  custodian of the papers, records or files pertaining to such adoption to
    13  submit them to the court for physical  unsealing  to  permit  in  camera
    14  review,  by the court, of the information contained therein on the iden-
    15  tification of the applicant's adopted or natural sibling or half-sibling
    16  or siblings. If the court finds no records related to the request in the
    17  application, the court shall inform the eligible person that no  records
    18  pertaining to the request could be found.
    19    3. If the court finds records related to the application, prior to the
    20  release of such records, the court shall send a letter to the last known
    21  addresses  of  the  person or persons whom the application is requesting
    22  records of, stating  that  an  eligible  person  has  requested  records
    23  related  to  the  identity  of any sibling or siblings. The letter shall
    24  contain a method for the contacted  party  to  consent  or  reject  such
    25  release  of  records.  The contacted party shall be provided one hundred
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10736-01-9
        A. 7063                             2
     1  twenty days to respond to the court's letter  either  consenting  to  or
     2  denying the release of such records.
     3    4.  Upon  receiving  consent from the contacted party, the court shall
     4  release the records to the applicant, provided that  the  disclosure  of
     5  such  records  would  not  in  any  way  reveal the name or names of the
     6  natural parent or parents. Following the release  of  the  records,  the
     7  clerk  of the court shall reseal and return the papers, records or files
     8  to the clerk of the court re-filing thereof.
     9    5. If the release of records has been denied, the court  shall  inform
    10  the applicant that the contacted party requested that the records not be
    11  released.
    12    6. If the contacted party fails to respond to the court's letter with-
    13  in  one  hundred  twenty days, the court may release such records to the
    14  applicant. A court shall deny the application  if  they  find  that  the
    15  release  of  such  records  without  explicit consent from the contacted
    16  party would (a) contain the identity of a person  under  eighteen  years
    17  old,  or  (b) would endanger the contacted party's life or cause harm to
    18  another person.
    19    7. Nothing in this section shall  be  construed  to  limit  access  to
    20  records that are otherwise available under law.
    21    §  2.  This  act shall take effect on the ninetieth day after it shall
    22  have become a law.