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A09959 Summary:

BILL NOA09959B
 
SAME ASSAME AS S07631-B
 
SPONSORWeprin
 
COSPNSRCarroll, D'Urso, Colton, Woerner, Gottfried, Seawright, Rivera, Thiele, Blake, Rosenthal L, Johns, Skoufis, Barron, Murray, Brabenec, Pellegrino, Schimminger, McDonough, Smith, Lavine, Simon, Bohen, Lupardo, Galef, DiPietro
 
MLTSPNSRButler, Cook
 
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.
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A09959 Memo:

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.
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