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; such birth certificate shall include information on the medical history of the birth parents.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9959B
SPONSOR: Weprin
 
TITLE OF BILL: 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
 
PURPOSE OR GENERAL IDEA OF BILL:
Establishes the right of adoptees to receive a certified copy of their
birth certificate upon reaching the age of 18
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the public health law by adding a new
section, § 4138-e, to acknowledge that the denial of access to accurate
and complete medical and self-identifying data of any adopted person is
a violation of that person's human rights and is contrary to the tenets
of governance. 2 (a) states that an adopted person eighteen years of
age, or if the adopted person is deceased, the adopted person's direct
line descendants, or the lawful representatives of such deceased
person's direct line descendants, can obtain a certified copy of his or
her original birth certificate upon application, presentation of proof
of identification and the payment of a nominal fee.
Section 2 amends subdivision 4 of § 4138 of the public health law to
authorize the commissioner to make microfilm or other suitable copies of
an original certificate of birth in accordance with newly added section
4198-e.
Section 3 and 4 amend subdivisions 3 and 5 of § 4138 of the public
health law to state that a certified copy of the certificate of birth of
such a person shall be issued upon request by an adult adopted person
once proper proof of identity is provided.
Section 5 amends subdivision 7 of § 4138 of the public health law to
authorize the commissioner to forward a new birth certificate for an
adult adopted person to that adopted person eighteen years of age, or if
the adopted person is deceased, the adopted person's direct line
descendants, or the lawful representatives of such deceased person's
direct line descendants.
Section 6 adds a new subdivision 8 to § 4138 of the public health law to
authorize adopted persons eighteen years of age or older, or the birth
parent (s), to submit a change of name and/or address to be attached to
the original birth certificate of the adopted person.
Section 7 amends § 4138-d of the public health law and removes the
provision that allows an adoption agency to restrict access to non-
identifying information that is not in the best interest of the adoptee,
the biological sibling or the birth parent(s).
Section 9 amends § 4104 of the public health law to include additional
provisions under vital statistics that would be applicable to the city
of New York.
Section 10 is the effective date.
 
JUSTIFICATION:
The Bill of Adoptee Rights' will provide adult adoptees with access to
information that a non-adopted person has a legal right to obtain. In
New York, an adopted person cannot access his or her original birth
certificate unless the adopted person goes through judicial means, and
even then, the outcome does not guarantee that access will be granted.
This bill will allow adult adoptees or if the adopted person is
deceased, the adopted person's direct line descendants, or the lawful
representatives of such deceased person's direct line descendants, can
obtain a certified copy of his or her original birth certificate upon
application, presentation of proof of identification and the payment of
a nominal fee. Adoptees will be able to gain knowledge of their reli-
gious and ethnic heritage and access to medical information that may be
necessary for preventive health care and illnesses that are linked to
family history and genetics.
 
PRIOR LEGISLATIVE HISTORY:
2017-2018:A.5036-B/S.4845-B -vetoed by governor
2015-2016: A.2901-A/S.5964 -Passed Assembly
2013-2014: A909/S2490 - died in codes
2012: A.8910/S.7286
2011: A.2003/S.1438
2009/2010: A.8410A/S.5269A
2007/2008: A.2277/S.235
2006: A.9823/S.446
2005: A.928/S.446
2003-2004: A.6238A/S.2631A
2001-2002: A.7943/S.4286
1999-2000: A.7541A/S.1224A
1997-1998: A.4316/S.3677
1995-1996: A.2328/S.3709A
1993-1994: A.10403/S.856
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on January 15, 2019, provided, however, that
paragraphs (g) and (h) of subdivisions 5 of the domestic relations law,
as created by section 2 of this act, shall take effect thirty days after
this act shall have become law.