|SAME AS||SAME AS S02492-A|
|Amd §114, Dom Rel L; amd §4132, Pub Health L|
|Grants access to a certified copy of the birth certificate of an adopted person without requiring judicial review; requires such birth certificate to state that the certificate is a certified copy of a sealed record and is not valid for identification with the adoption facts recited.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2691 SPONSOR: Benedetto
TITLE OF BILL: An act to amend the domestic relations law and the public health law, in relation to access to birth records by adoptees   PURPOSE OR GENERAL IDEA OF BILL: This bill would allow an adopted person who is at least eighteen years Of age to obtain a certified copy of their original birth certificate with a notation that the document is a certified copy of a sealed record, not valid for identification, with a recitation of the facts of adoption, or of each adoption if adopted more than once. The document required to be provided to the adoptee is certified, it clearly establishes that the person whose birth is recorded was adopted and the document is NOT valid as ID. It links the pre-and postadoption identities allowing access to birth right privileges such as society membership, dual passport and religious affiliation. For people adopted after infancy the connection between pre and post adoption identities is important to access their medical and educational records along with ancestral information and heritage.   SUMMARY OF PROVISIONS: Section 2 of this bill amends § 114 of the Domestic Relations Law to allow an adult adopted person over the age of 18, their descendants or lawful agent, or the adoptive parent(s) of an adopted person who has not attained the age of 18 to request from the department of health a certi- fied copy of his or her original long form birth certificate or identi- fying birth information in the case where a birth certificate is not available marked as not valid for identification. Section 3 of this bill amends Article 41 Title 3 of the Public Health Law to add Section 5 requiring a notation stating the facts of the adoption on any certified birth record issued. This bill takes effect on April 15, 2019.   JUSTIFICATION: A non-adopted person has a legal right to obtain their original birth record. The birth record of adopted person is sealed and a replacement record listing the adoptive parent(s) "as if born to" is issued. This bill will restore the adopted person's access to their original birth record. The same procedure applicable to non-adopted persons shall be used by adopted persons to request and receive a certified copy of the Sealed Record with a notation that the original birth certificate has been replaced by Adoption and is NOT valid as Identification. Adoptees will be treated equally with the not adopted under the laws of the State of New York.   PRIOR LEGISLATIVE HISTORY: 2018: new bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on April 15, 2019.
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STATE OF NEW YORK ________________________________________________________________________ 2691 2019-2020 Regular Sessions IN ASSEMBLY January 25, 2019 ___________ Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Judiciary AN ACT to amend the domestic relations law and the public health law, in relation to access to birth records by adoptees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature hereby states its 2 intention to ensure equal access to vital records and end decades of 3 discrimination against adoption and adopted persons. The legislature 4 finds that an adopted person should have access to his or her original 5 birth record in the same manner as a non-adopted person. The provisions 6 of this act establish an absolute right under the law for adopted 7 persons to access their birth certificates while referencing the fact of 8 their adoption. 9 § 2. Subdivision 2 of section 114 of the domestic relations law, as 10 amended by chapter 559 of the laws of 1992 and as designated by chapter 11 601 of the laws of 1994, is amended to read as follows: 12 2. (a) No person, including the attorney for the adoptive parents 13 shall disclose the surname of the child directly or indirectly to the 14 adoptive parents except upon order of the court. No person shall be 15 allowed access to such sealed records and order and any index thereof 16 except upon an order of a judge or surrogate of the court in which the 17 order was made or of a justice of the supreme court. No order for 18 disclosure or access and inspection shall be granted except on good 19 cause shown and on due notice to the adoptive parents and to such addi- 20 tional persons as the court may direct. Nothing contained herein shall 21 be deemed to require the state commissioner of health or his or her 22 designee to secure a court order authorizing disclosure of information 23 contained in adoption or birth records requested pursuant to the author- 24 ity of section forty-one hundred thirty-eight-c or section forty-one 25 hundred thirty-eight-d of the public health law; upon the receipt of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01529-02-9A. 2691 2 1 such request for information, the court shall transmit the information 2 authorized to be released thereunder to the state commissioner of health 3 or his or her designee. 4 (b) Notwithstanding paragraph (a) of this subdivision and any other 5 section of law to the contrary, an adoptee over the age of eighteen, the 6 adoptive parents of an adoptee who has not yet attained the age of eigh- 7 teen, and any lawful descendant or agent of an adoptee may apply for 8 access to a certified copy of the birth certificate of such adoptee 9 marked as not valid for identification and with a notation referencing 10 the circumstance of the adoption. Such certified copy shall be issued 11 for the same fee charged for a certified copy of the unsealed birth 12 record of a non-adoptee. No judicial review of the application shall be 13 necessary for an adoptee to receive a certified copy of his or her 14 original birth certificate marked as "Certified copy of a Sealed Record 15 - Not valid for identification with the adoption facts recited". 16 § 3. Section 4132 of the public health law is amended by adding a new 17 subdivision 5 to read as follows: 18 5. In the case of an adopted person, the certified copy of the certif- 19 icate of birth issued upon request shall: (a) contain a notation that 20 the document is not valid for identification; and (b) recite the facts 21 of the adoption in the form as follows: 22 "I certify that the record above is a copy of the original birth 23 record of _________(insert birth name), who was adopted by 24 _________(adoptive parent) and _________ (adoptive parent, if two) on 25 _________ (adoption decree date). This original birth record is main- 26 tained in a sealed file by the State of New York. This copy is released 27 pursuant to the laws of the State of New York." 28 § 4. This act shall take effect April 15, 2020.