Assemblyman Thiele Co-Sponsors Legislation to Enable Adoptees to Access Critical Birth Records

Legislation overwhelmingly approved by both houses

Assemblyman Fred W. Thiele, Jr. (I, D, WF, REF - Sag Harbor) announced that legislation to allow adoptees to obtain a certified copy of their birth certificate (A.5494, Weprin) has passed both Houses of the Legislature and will be sent to the Governor for approval. Thiele co-sponsored the legislation, which passed the Assembly by a 140-6 vote.

Under current law, original birth certificates are placed under seal and cannot be accessed without a judicial proceeding, which does not guarantee that the adoptee will be given access. Many adoptees live their entire lives without knowing basic personal information such as family medical history and heritage, because they are often not permitted access to their own birth certificates. Under this legislation, adult adoptees 18 years and older would be able to receive a certified copy of their original long form birth certificate. If the adoptee is deceased, the adopted person’s direct line of descendants, the lawful representative of such adopted person or lawful representatives of such deceased adopted person’s direct line of descendants would be able to receive the birth certificate of the adoptee. 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.[1]

“This is a simple, common-sense bill whose passage is decades overdue. Every individual has the right to know their personal history, their medical and genetic information, and the circumstances of their birth and where they came from,” Assemblyman Thiele said. “It’s a civil and human rights issue. I am so pleased that my colleagues in the Legislature have agreed that all people should have the ability to know everything they can and want to know about themselves, and that all people have a right to be whole.”

If signed into law by the Governor, this legislation will go into effect on January 15, 2020.

[1] https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A05494&term=2019&Summary=Y&Memo=Y&Text=Y