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, or if the adopted person is deceased, the adopted person's direct line descendants, or the lawful representative of such adopted person, or lawful representatives of such deceased adopted person's direct line descendants.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5494
SPONSOR: Weprin (MS) 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:
Restores the civil right of adult adoptees to receive a certified copy
of their original long form birth certificate if 18 years of age or
older. The specific provisions are intended to ensure that all adult
adoptees adopted in New York will have the same unimpeded right as non-
adopted people born in New York to access such birth certificates or, if
not available, the true and correct information that would have appeared
on them.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the public health law by adding a new
section, § 4138-e. It is premised on an acknowledgment that the truth of
one's origins should be a birthright. Accordingly, the new § 4138-e
affirms, supports and encourages the life-long health and well-being
needs of adoptees, and those who will be adopted in the future, by
restoring the right of all adult adopted persons born or adopted in New
York to unrestricted access to their original birth certificates. The
denial of access to accurate and complete self-identifying and medical
information of any adopted person is a violation of that person's human
rights and is contrary to the tenets of governance.
Section 1 provides 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 adopted person, or
lawful representatives of such deceased adopted person's direct line
descendants can obtain a certified copy of the adopted person's original
long form birth certificate, from the commissioner or a local registrar,
in the same manner as such certificates are available to persons born in
the state of New York who were not adopted. The amendment also requires
the commissioner to provide the adopted person or other authorized
person with the background information about the adopted child and the
adopted child's birth parents sent to the commissioner pursuant to
subdivision 1 of § 114 of the domestic relations law.
In addition, in the event that the commissioner does not have the
original birth certificate of an adopted person, section 1 requires
courts and other agencies that have records containing the information
that would have appeared on the adopted person's original long form
birth certificate to provide such information, including all identifying
information about the adopted person's birth parents, to the adult
adopted person or other authorized person upon a simple written request
therefor that includes proof of identity.
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
4138-e.
Section 2 amends subdivision 4 of § 4138 of the public health law to
authorize the commissioner to provide a certified copy of the original
long form certificate of birth to an adult adopted person in accordance
with § 4138-e of the public health law.
Section 3 amends subdivision 5 of § 4138 of the public health law to
state that a certified copy of the original long form certificate of
birth of such a person shall be issued to an adult adopted person in
accordance with § 4138-e of the public health law.
Section 4 amends paragraph (a) of subdivision 3 of § 4138 of the public
health law to authorize a local registrar to provide a certified copy of
the original long form certificate of birth to an adult adopted person
in accordance with § 4138-e of the public health law.
Section 5 amends paragraph (b) of subdivision 3 of § 4138 of the public
health law to authorize a local registrar to provide a certified copy of
the original long form certificate of birth to an adult adopted person
in accordance with § 4138-e of the public health law.
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 to remove the
provision that allows an adoption agency to restrict access to non-iden-
tifying information that is not in the best interest of the adoptee, the
biological sibling or the birth parent(s).
Section 8 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 9 amends subdivision 1 of § 114 of the domestic relations law to
require that any order of adoption direct that the information to be
provided to the adoptive parents about the child and the child's birth
parents shall include the child's and birthparents' information at the
time of surrender and, in addition, that the information provided to the
adoptive parents also be provided to the commissioner of health.
Section 10 is the effective date.
JUSTIFICATION:
The bill will restore adult adoptees' right to access information that
non-adopted persons, including those who "age-out" of foster care, have
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 a judicial proceeding and, even then, the outcome does not guar-
antee 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 adopted person
(living) or lawful representatives of such deceased adopted person's
direct line descendants, to obtain a certified copy of the adopted
person's original long form birth certificate. Adoptees will continue,
under existing law, to be able to secure "non-identifying" information
which may include, but not be limited to, their religious and ethnic
heritage and medical history information that may be necessary for
preventive health care and the treatment of illnesses linked to family
history and genetics. To whatever extent "non-identifying" information
may be unavailable, the restoration of the civil right to one's own
original birth certificate will restore equal opportunity for seeking
such information.
PRIOR LEGISLATIVE HISTORY:
2018: A9959-B / S7631-B
2017-2018:A.5036-B/S.4845-B -vetoed by governor
2015-2016: A.2901/S3314, followed by A.2901-A/S.5964 -Passed Assembly
2013-2014: A909/S2490
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, 2020, provided, however, that,
effective immediately, the commissioner of health is directed to promul-
gate such rules and regulations as may be necessary to carry out the
provisions of this act.
