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AO5449 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5449
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 9, 2017
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Judiciary
 
        AN  ACT  to amend the public health law, in relation to the release of a
          non-certified copy of the birth certificate of an  adoptee  without  a
          court order
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision 5 of section 4138-c of the public  health  law
     2  is amended by adding a new paragraph (c) to read as follows:
     3    (c)  If the department determines that there is a corresponding regis-
     4  tration for the adoptee and for either of the birth  parents,  and  each
     5  has  consented to the release of identifying information about the birth
     6  parents and the adoptee, respectively, the department shall  notify  the
     7  court  wherein  the  adoption  occurred that a non-certified copy of the
     8  adoptee's original birth certificate, if available,  shall  be  promptly
     9  released  to  the  adoptee without necessity of a court order. Provided,
    10  that if only one  birth  parent  executed  the  surrender  agreement  or
    11  consented  to  the  adoption,  then  the registration of the other birth
    12  parent in the registry shall not be necessary for the release of such  a
    13  birth certificate pursuant to this paragraph.
    14    § 2. This act shall take effect on the one hundred eightieth day after
    15  it  shall  have become a law. Effective immediately, any rules and regu-
    16  lations necessary to implement the provisions of this act on its  effec-
    17  tive date are authorized to be made on or before such date.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09534-01-7
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