Relates to requiring the commissioner of the department of health to issue non-certified copies of the original long form birth certificates to adoptees who request such copy within forty-five days after receipt of such request.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6821A
SPONSOR: Weprin TITLE OF BILL: An act to amend the public health law, in relation to
issuing non-certified copies of original long form birth certificates to
adoptees
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Section 4174 of the public health law by
adding subdivision 10, which requires the commissioner to provide non-
certified copies of original long form birth certificates upon request
by the adoptee or agent thereof, and enumerates guidelines for the
promulgation of rules and regulations regarding the implementation of
this program.
Section 2 of this bill states that this bill shall take effect on August
1, 2017.
JUSTIFICATION:
This legislation will allow adult adoptees to request, through the
Department of Health, a long form, noncertified copy of his or her
original birth certificate. Under current state law, an adoptee must
obtain a court order to gain access to his or her original birth certif-
icate. This process is burdensome and expensive, and has the effect of
deterring adoptees from obtaining important information about their
individual and family origins.
Recently, many states have changed their laws to provide adoptees with
easier access to copies of their birth certificates. This legislation
will follow the nationwide trend and give adult adoptees access to his
or her noncertified birth certificate upon a specific request, thereby
providing important information to those with the greatest interest in
obtaining it.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None to the State of New York
EFFECTIVE DATE:
This act shall take effect on July 1, 2017.
STATE OF NEW YORK
________________________________________________________________________
6821--A
2017-2018 Regular Sessions
IN ASSEMBLY
March 21, 2017
___________
Introduced by M. of A. WEPRIN, SKOUFIS, BRABENEC -- read once and
referred to the Committee on Health -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to issuing non-certi-
fied copies of original long form birth certificates to adoptees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4174 of the public health law is amended by adding
2 a new subdivision 10 to read as follows:
3 10.(a) The commissioner, or any person authorized by him or her, shall
4 issue non-certified copies of original long form birth certificates upon
5 specific request therefor by an adoptee, if eighteen years of age or
6 more, or if the adoptee is deceased, by the adoptee's descendants, or by
7 other lawful representatives of such adoptee, to whom the record of
8 birth relates including authorized representatives of a local social
9 services district if the adoptee is in the care and custody or custody
10 and guardianship of such district.
11 (b) The commissioner shall issue a non-certified copy of the original
12 long form birth certificate within forty-five days after receipt of such
13 request.
14 (c) The department shall develop policies and procedures necessary to
15 implement this subdivision by February first, two thousand eighteen.
16 (d) The department may charge a fee for issuing such non-certified
17 copy of an original long form birth certificate. The fee may not exceed
18 the fee for a certified copy of an original long form birth certificate
19 as provided for in subdivision two of this section.
20 § 2. This act shall take effect August 1, 2017.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09180-06-7
