Bill Text: NY A09632 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the "bill of adoptee rights".
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-01-26 - referred to health [A09632 Detail]
Download: New_York-2017-A09632-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9632 IN ASSEMBLY January 26, 2018 ___________ Introduced by M. of A. WEPRIN -- 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 enacting the "bill of adoptee rights" 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. Bill of adoptee rights. 1. This section shall be known and 4 may be cited as the "bill of adoptee rights". 5 2. The legislature hereby states its intention to acknowledge, support 6 and encourage the life-long health and well-being needs of persons who 7 have been and will be adopted in the state of New York. The legislature 8 further recognizes that the denial of access to accurate and complete 9 medical and self-identifying data of any adopted person, known and 10 wilfully withheld by others, may result in such person succumbing to 11 preventable disease, premature death or otherwise unhealthy life, is a 12 violation of that person's human rights and is contrary to the tenets of 13 governance. As such, the provisions of this section seek to establish 14 considerations under the law for adopted persons equal to such consider- 15 ations permitted by law to all non-adopted persons; this section does so 16 while providing for the privacy of an adopted person and his or her 17 birth. 18 3. (a) Notwithstanding any other provision of law, when an adopted 19 person attains the age of eighteen years, that person shall have the 20 right to receipt of a certified copy of his or her original (long form, 21 line by line vault copy) birth certificate and any change his or her 22 birth parent or parents may have attached to that certificate, and/or a 23 medical history form if available, upon application, presentation of 24 proof of identification and the payment of a nominal fee. 25 (b) When it shall be impossible through good-faith efforts to provide 26 a copy of an adult adopted person's original birth certificate (as in 27 the case of an adopted person born outside of, but adopted within, the 28 state of New York), the adult adopted person shall have the right to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14275-01-8A. 9632 2 1 secure from a court of competent jurisdiction or the adoption agency, 2 the true and correct identifying information that would have appeared on 3 his or her original birth certificate. In such case the agency shall be 4 held harmless from any liability arising out of the disclosure. 5 4. A birth parent may at any time request from the department a 6 contact preference form that shall accompany a birth certificate issued 7 under this title. The contact preference form shall provide the follow- 8 ing information to be completed at the option of the birth parent: 9 (a) I would like to be contacted. 10 (b) I would prefer to be contacted only through an intermediary. 11 (c) I have completed a medical history form and have filed it with the 12 department. 13 (d) Please do not contact me. If I decide later that I would like to 14 be contacted, I will submit an updated contact preference form to the 15 department. 16 The medical history form shall be in a form prescribed by the depart- 17 ment and shall be supplied to the birth parent upon request of a contact 18 preference form from the department. 19 Only those persons who are authorized to process applications made 20 under this title may process contact preference and medical history 21 forms. 22 The medical history form and contact preference form are confidential 23 communications from the birth parent to the person named on the sealed 24 birth certificate and shall be placed in separate sealed envelopes upon 25 receipt from the birth parent. The sealed envelopes shall be matched 26 with and placed in the file containing the sealed birth certificate. 27 The sealed envelopes containing the contact preference form and 28 medical history form may be released to a person requesting his or her 29 own original birth certificate under this title. The contact preference 30 form and medical history form are private communications from the birth 31 parent to the person named on the sealed birth certificate and no copies 32 of the forms shall be retained by the department. Where only a medical 33 history form is requested the birth certificate and contact preference 34 form shall not be sent, but may be requested at a later date. 35 § 2. Subdivision 5 of section 4138 of the public health law, as 36 amended by chapter 201 of the laws of 1972, is amended to read as 37 follows: 38 5. Thereafter, when a certified copy or certified transcript of the 39 certificate of birth of such a person, or a certification of birth for 40 such person is issued, it shall be based upon the new certificate of 41 birth, except when an order of a court of competent jurisdiction shall 42 require the issuance of a copy of the original certificate of birth or 43 upon a written notarized request by the adult adopted person himself or 44 herself once proper proof of identity is provided to the registrar. 45 § 3. Paragraph (b) of subdivision 3 of section 4138 of the public 46 health law, as added by chapter 201 of the laws of 1972, is amended to 47 read as follows: 48 (b) Thereafter, when a verified transcript or certification of birth 49 of such person is issued by the registrar, it shall be based upon the 50 new certificate, except when an order of a court of competent jurisdic- 51 tion shall require the issuance of a verified transcript or certif- 52 ication based upon the original local record of birth or upon a written 53 notarized request by the adult adopted person himself or herself once 54 proper proof of identity is provided to the registrar.A. 9632 3 1 § 4. Subdivision 7 of section 4138 of the public health law, as 2 amended by chapter 644 of the laws of 1988, is amended to read as 3 follows: 4 7. Whenever the commissioner makes a new birth certificate for any 5 person pursuant to the provisions of subdivision one of this section, he 6 or she shall forward to such person, if eighteen years of age or more, 7 [or to the parents of such person,] a certified copy, a certified tran- 8 script [or] and a certification of birth, [whichever he deems appropri-9ate under the circumstances,] without making any charge therefor. 10 § 5. Section 4138 of the public health law is amended by adding two 11 new subdivisions 8 and 9 to read as follows: 12 8. (a) An adopted person eighteen years of age or older, or the birth 13 parent or parents, may submit to the registrar a notice of change of 14 name and/or address and such information shall be attached to the 15 original birth certificate of the adopted person. 16 (b) The registrar shall disclose to the birth parent or parents at 17 such parent's or parents' request, the most current name and address of 18 an adopted person if that adopted person has requested so by filing a 19 notarized letter with the registrar. 20 9. Notwithstanding any other provision of law, when an adopted person 21 attains the age of eighteen years, he or she shall have the right, upon 22 application, proof of identity and payment of a nominal fee, to a certi- 23 fied copy of his or her original long form, line by line, vault copy 24 birth certificate and/or a medical history form, if available. 25 § 6. Paragraph (b) of subdivision 3 of section 4138-d of the public 26 health law, as amended by chapter 181 of the laws of 2010, is amended to 27 read as follows: 28 (b) If the agency determines that the agency was involved in such 29 adoption, it shall transmit the registration to the adoption information 30 registry operated by the department and the agency shall release the 31 non-identifying information, as defined in section forty-one hundred 32 thirty-eight-c of this title, to the [adoptee registrant. The agency may33restrict the nature of the non-identifying information released pursuant34to this section upon a reasonable determination that disclosure of such35non-identifying information would not be in the adoptee's, the biolog-36ical sibling's or parent's best interest] adopted person. 37 § 7. Section 4104 of the public health law, as amended by chapter 153 38 of the laws of 2011, is amended to read as follows: 39 § 4104. Vital statistics; application of article. The provisions of 40 this article except for the provisions contained in paragraph (i) of 41 subdivision two and subdivision four of section four thousand one 42 hundred, section four thousand one hundred three, subdivision two of 43 section four thousand one hundred thirty-five, section four thousand one 44 hundred thirty-five-b, subdivision eight of section four thousand one 45 hundred seventy-four, paragraphs (b) and (e) of subdivision one, para- 46 graph (b) of subdivision three, and subdivisions five, seven, eight and 47 nine of section four thousand one hundred thirty-eight, subdivision 48 eleven of section four thousand one hundred thirty-eight-c, paragraph 49 (b) of subdivision three of section four thousand one hundred thirty- 50 eight-d, section four thousand one hundred thirty-eight-e and section 51 four thousand one hundred seventy-nine of this article, shall not apply 52 to the city of New York. 53 § 8. Subdivision 1 of section 114 of the domestic relations law, as 54 amended by chapter 751 of the laws of 1989 and designated by chapter 601 55 of the laws of 1994, is amended to read as follows:A. 9632 4 1 1. If satisfied that the best interests of the adoptive child will be 2 promoted thereby, the judge or surrogate shall make an order approving 3 the adoption and directing that the adoptive child shall thenceforth be 4 regarded and treated in all respects as the child of the adoptive 5 parents or parent. In determining whether the best interests of the 6 adoptive child will be promoted by the adoption, the judge or surrogate 7 shall give due consideration to any assurance by a local commissioner of 8 social services that he or she will provide necessary support and main- 9 tenance for the adoptive child pursuant to the social services law. Such 10 order shall contain the full name, date and place of birth and reference 11 to the schedule annexed to the petition containing the medical history 12 of the child in the body thereof and shall direct that the child's 13 medical history, heritage of the birth parents, which shall include 14 nationality, ethnic background and race; education, which shall be the 15 number of years of school completed by the birth parents at the time of 16 the birth and also at the time of surrender of the adoptive child; 17 general physical appearance of the birth parents at the time of the 18 birth and also at the time of surrender of the adoptive child, which 19 shall include height, weight, color of hair, eyes, skin; occupation of 20 the birth parents at the time of the birth and also at the time of 21 surrender of the adoptive child; health and medical history of the birth 22 parents at the time of the birth and also at the time of surrender of 23 the adoptive child, including all available information setting forth 24 conditions or diseases believed to be hereditary, any drugs or medica- 25 tion taken during the pregnancy by the child's mother; and any other 26 information which may be a factor influencing the child's present or 27 future health, including the talents, hobbies and special interests of 28 the birth parents as contained in the petition, be furnished to the 29 adoptive parents. In recognition of the imperative lifelong importance 30 of such information for the health and well-being of the adopted person, 31 it shall be the duty of the law guardian as provided for by sections two 32 hundred forty-one, two hundred forty-two, two hundred forty-nine and two 33 hundred forty-nine-a of the family court act to ensure the comprehensive 34 completion and filing of all the above referenced information prior to 35 the acceptance of the termination of parental rights or the entry of a 36 certificate of adoption. It shall be deemed by that legal representative 37 that such information is always in the best interest of the child and is 38 a protected right. Prior to termination of duties, such law guardian 39 shall provide, as directed by section forty-one hundred thirty-eight-c 40 of the public health law and sections three hundred seventy-three and 41 three hundred seventy-three-a of the social services law, to the respec- 42 tive responsible parties all such collected data, and provide an affida- 43 vit to the court reporting all diligent efforts to obtain such data. A 44 copy of such affidavit shall be appended to the original and any and all 45 amended birth certificates. If the judge or surrogate is also satisfied 46 that there is no reasonable objection to the change of name proposed, 47 the order shall direct that the name of the adoptive child be changed to 48 the name stated in the agreement of adoption and that henceforth he or 49 she shall be known by that name. All such orders made by a family court 50 judge of Westchester county since September first, nineteen hundred 51 sixty-two, and on file in the office of the county clerk of such county 52 shall be transferred to the clerk of the family court of such county. 53 Such order and all the papers in the proceeding shall be filed in the 54 office of the court granting the adoption and the order shall be entered 55 in books which shall be kept under seal and which shall be indexed by 56 the name of the adoptive parents and by the full original name of theA. 9632 5 1 child. Such order, including orders heretofore entered, shall be subject 2 to inspection and examination only as hereinafter provided. Notwith- 3 standing the fact that adoption records shall be sealed and secret, they 4 may be microfilmed and processed pursuant to an order of the court, 5 provided that such order provides that the confidentiality of such 6 records be maintained. If the confidentiality is violated, the person or 7 company violating it can be found guilty of contempt of court. The fact 8 that the adoptive child was born out of wedlock shall in no case appear 9 in such order. The written report of the investigation together with all 10 other papers pertaining to the adoption shall be kept by the judge or 11 surrogate as a permanent record of his or her court and such papers must 12 be sealed by him or her and withheld from inspection. No certified copy 13 of the order of adoption shall issue unless authorized by court order, 14 except that certified copies may issue to the agency or agencies in the 15 proceeding prior to the sealing of the papers. Before the record is 16 sealed, such order may be granted upon written ex parte application on 17 good cause shown and upon such conditions as the court may impose. After 18 the record is sealed, such order may be granted only upon notice as 19 hereinafter provided for disclosure or access and inspection of records. 20 The clerk upon request of a person or agency entitled thereto shall 21 issue certificates of adoption which shall contain only the new name of 22 the child and the date and place of birth of the child, the name of the 23 adoptive parents and the date when and court where the adoption was 24 granted, which certificate as to the facts recited therein shall have 25 the same force and effect as a certified copy of an order of adoption. 26 § 9. Section 114 of the domestic relations law is amended by adding a 27 new subdivision 5 to read as follows: 28 5. Notwithstanding any other provision of law, when an adopted person 29 attains the age of eighteen years, such adopted person shall have the 30 right, upon application, proof of identity and payment of a nominal fee, 31 to a certified copy of his or her original long form, line by line, 32 vault copy birth certificate and/or medical history form, if available. 33 § 10. This act shall take effect January 15, 2019, provided, however, 34 that, effective immediately, the commissioner of health is directed to 35 promulgate such rules and regulations as may be necessary to carry out 36 the provisions of this act.
