Bill Text: NY S02222 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the right of adoptees to receive a certified copy of their birth certificate upon reaching the age of 18; such birth certificate shall include information on the medical history of the birth parents.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S02222 Detail]
Download: New_York-2019-S02222-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2222 2019-2020 Regular Sessions IN SENATE January 23, 2019 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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 governance. 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 and any change attached to that 22 certificate by a birth parent or parents, and, if available, medical 23 history forms upon specific request therefor (i) by an adopted person, 24 if eighteen years of age or more, or (ii) if the adopted person is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08399-01-9S. 2222 2 1 deceased, the adopted person's direct line descendants, or (iii) the 2 lawful representatives of such adopted person, or lawful representatives 3 of such deceased adopted person's direct line descendants, as the case 4 may be. 5 (b) When it shall be impossible through good-faith efforts to provide 6 a copy of an adult adopted person's original birth certificate (as in 7 the case of an adopted person born outside of, but adopted within, the 8 state), the true and correct identifying information that would have 9 appeared on such original birth certificate shall be provided by a court 10 of competent jurisdiction or the adoption agency, upon specific request 11 therefor, to: (i) the adult adopted person, if eighteen years of age or 12 more, or (ii) if the adopted person is deceased, the adopted person's 13 direct line descendants, or (iii) lawful representatives of such adopted 14 person, or lawful representatives of such deceased adopted person's 15 direct line descendants, as the case may be. In such case the agency 16 shall be held harmless from any liability arising out of the disclosure. 17 (c) For purposes of this subdivision: 18 (i) The term "commissioner" shall include the commissioner of health 19 and mental hygiene of the city of New York and for records of birth 20 prior to January first, nineteen hundred fourteen, the local registrars 21 of the cities of Albany, Buffalo and Yonkers; and 22 (ii) The term "department" shall include the department of health and 23 mental hygiene of the city of New York and, for records of birth prior 24 to January first, nineteen hundred fourteen, the office of vital statis- 25 tics of the city of Albany, the office of vital records of the city of 26 Buffalo and the office of clerk of the city of Yonkers. 27 § 2. Subdivision 4 of section 4138 of the public health law, as 28 amended by chapter 559 of the laws of 1992, is amended to read as 29 follows: 30 4. The commissioner may make a microfilm or other suitable copy of the 31 original certificate of birth and all papers pertaining to the new 32 certificate of birth. In such event, the original certificate and papers 33 may be destroyed. All undestroyed certificates and papers and copies 34 thereof shall be confidential and the contents thereof shall not be 35 released or otherwise divulged except by order of a court of competent 36 jurisdiction or pursuant to section forty-one hundred thirty-eight-c 37 [or], forty-one hundred thirty-eight-d or forty-one hundred thirty- 38 eight-e of this [article] title. 39 § 3. Subdivision 5 of section 4138 of the public health law, as 40 amended by chapter 201 of the laws of 1972, is amended to read as 41 follows: 42 5. Thereafter, when a certified copy or certified transcript of the 43 certificate of birth of such a person, or a certification of birth for 44 such person is issued, it shall be based upon the new certificate of 45 birth, except when an order of a court of competent jurisdiction shall 46 require the issuance of a copy of the original certificate of birth or 47 upon application by an adopted person eighteen years of age or more once 48 proper proof of identity is provided to the registrar. 49 § 4. Paragraph (b) of subdivision 3 of section 4138 of the public 50 health law, as added by chapter 201 of the laws of 1972, is amended to 51 read as follows: 52 (b) Thereafter, when a verified transcript or certification of birth 53 of such person is issued by the registrar, it shall be based upon the 54 new certificate, except when an order of a court of competent jurisdic- 55 tion shall require the issuance of a verified transcript or certif- 56 ication based upon the original local record of birth or upon applica-S. 2222 3 1 tion by an adopted person eighteen years of age or more once proper 2 proof of identity is provided to the registrar. 3 § 5. Subdivision 7 of section 4138 of the public health law, as 4 amended by chapter 644 of the laws of 1988, is amended to read as 5 follows: 6 7. Whenever the commissioner makes a new birth certificate for any 7 person pursuant to the provisions of subdivision one of this section, he 8 or she shall forward to (i) such person, if eighteen years of age or 9 more, [or to the parents of such person,] or (ii) if the adoptee is 10 deceased, the adoptee's direct line descendants, or (iii) lawful repre- 11 sentatives of such adoptee, or lawful representatives of such deceased 12 adoptee's direct line descendants, as the case may be, a certified copy, 13 a certified transcript [or] and a certification of birth, [whichever he14deems appropriate under the circumstances,] without making any charge 15 therefor. 16 § 6. Section 4138 of the public health law is amended by adding a new 17 subdivision 8 to read as follows: 18 8. An adopted person eighteen years of age or older, or the birth 19 parent or parents, may submit to the registrar a notice of change of 20 name and/or address and such information shall be attached to the 21 original birth certificate of the adopted person. 22 § 7. Paragraph (b) of subdivision 3 of section 4138-d of the public 23 health law, as amended by chapter 181 of the laws of 2010, is amended to 24 read as follows: 25 (b) If the agency determines that the agency was involved in such 26 adoption, it shall transmit the registration to the adoption information 27 registry operated by the department and the agency shall release the 28 non-identifying information, as defined in section forty-one hundred 29 thirty-eight-c of this title, to the [adoptee registrant. The agency may30restrict the nature of the non-identifying information released pursuant31to this section upon a reasonable determination that disclosure of such32non-identifying information would not be in the adoptee's, the biolog-33ical sibling's or parent's best interest] adopted person. 34 § 8. Section 4104 of the public health law, as amended by chapter 153 35 of the laws of 2011, is amended to read as follows: 36 § 4104. Vital statistics; application of article. The provisions of 37 this article except for the provisions contained in paragraph (i) of 38 subdivision two and subdivision four of section four thousand one 39 hundred, section four thousand one hundred three, subdivision two of 40 section four thousand one hundred thirty-five, section four thousand one 41 hundred thirty-five-b, subdivision eight of section four thousand one 42 hundred seventy-four, paragraphs (b) and (e) of subdivision one, para- 43 graph (b) of subdivision three, and subdivisions five, seven and eight 44 of section four thousand one hundred thirty-eight, subdivision eleven of 45 section four thousand one hundred thirty-eight-c, paragraph (b) of 46 subdivision three of section four thousand one hundred thirty-eight-d, 47 section four thousand one hundred thirty-eight-e and section four thou- 48 sand one hundred seventy-nine of this article, shall not apply to the 49 city of New York. 50 § 9. Subdivision 1 of section 114 of the domestic relations law, as 51 amended by chapter 751 of the laws of 1989 and designated by chapter 601 52 of the laws of 1994, is amended to read as follows: 53 1. If satisfied that the best interests of the adoptive child will be 54 promoted thereby, the judge or surrogate shall make an order approving 55 the adoption and directing that the adoptive child shall thenceforth be 56 regarded and treated in all respects as the child of the adoptiveS. 2222 4 1 parents or parent. In determining whether the best interests of the 2 adoptive child will be promoted by the adoption, the judge or surrogate 3 shall give due consideration to any assurance by a local commissioner of 4 social services that he or she will provide necessary support and main- 5 tenance for the adoptive child pursuant to the social services law. Such 6 order shall contain the full name, date and place of birth and reference 7 to the schedule annexed to the petition containing the medical history 8 of the child in the body thereof and shall direct that the child's 9 medical history, heritage of the birth parents, which shall include 10 nationality, ethnic background and race; education, which shall be the 11 number of years of school completed by the birth parents at the time of 12 the birth and also at the time of surrender of the adoptive child; 13 general physical appearance of the birth parents at the time of the 14 birth and also at the time of surrender of the adoptive child, which 15 shall include height, weight, color of hair, eyes, skin; occupation of 16 the birth parents at the time of the birth and also at the time of 17 surrender of the adoptive child; health and medical history of the birth 18 parents at the time of the birth and also at the time of surrender of 19 the adoptive child, including all available information setting forth 20 conditions or diseases believed to be hereditary, any drugs or medica- 21 tion taken during the pregnancy by the child's mother; and any other 22 information which may be a factor influencing the child's present or 23 future health, including the talents, hobbies and special interests of 24 the birth parents as contained in the petition, be furnished to the 25 adoptive parents. If the judge or surrogate is also satisfied that 26 there is no reasonable objection to the change of name proposed, the 27 order shall direct that the name of the adoptive child be changed to the 28 name stated in the agreement of adoption and that henceforth he or she 29 shall be known by that name. All such orders made by a family court 30 judge of Westchester county since September first, nineteen hundred 31 sixty-two, and on file in the office of the county clerk of such county 32 shall be transferred to the clerk of the family court of such county. 33 Such order and all the papers in the proceeding shall be filed in the 34 office of the court granting the adoption and the order shall be entered 35 in books which shall be kept under seal and which shall be indexed by 36 the name of the adoptive parents and by the full original name of the 37 child. Such order, including orders heretofore entered, shall be subject 38 to inspection and examination only as hereinafter provided. Notwith- 39 standing the fact that adoption records shall be sealed and secret, they 40 may be microfilmed and processed pursuant to an order of the court, 41 provided that such order provides that the confidentiality of such 42 records be maintained. If the confidentiality is violated, the person or 43 company violating it can be found guilty of contempt of court. The fact 44 that the adoptive child was born out of wedlock shall in no case appear 45 in such order. The written report of the investigation together with all 46 other papers pertaining to the adoption shall be kept by the judge or 47 surrogate as a permanent record of his or her court and such papers must 48 be sealed by him or her and withheld from inspection. No certified copy 49 of the order of adoption shall issue unless authorized by court order, 50 except that certified copies may issue to the agency or agencies in the 51 proceeding prior to the sealing of the papers. Before the record is 52 sealed, such order may be granted upon written ex parte application on 53 good cause shown and upon such conditions as the court may impose. After 54 the record is sealed, such order may be granted only upon notice as 55 hereinafter provided for disclosure or access and inspection of records. 56 The clerk upon request of a person or agency entitled thereto shallS. 2222 5 1 issue certificates of adoption which shall contain only the new name of 2 the child and the date and place of birth of the child, the name of the 3 adoptive parents and the date when and court where the adoption was 4 granted, which certificate as to the facts recited therein shall have 5 the same force and effect as a certified copy of an order of adoption. 6 § 10. This act shall take effect January 15, 2020. Effective imme- 7 diately, the addition, amendment and/or repeal of any rule or regulation 8 necessary for the implementation of this act on its effective date are 9 authorized to be made and completed on or before such effective date.