New York State Assembly Bill A5494 Establishes Adoptee Rights to New York Birth Certificate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5494

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2019
                               ___________

Introduced  by  M. of A. WEPRIN, HUNTER, SAYEGH, ROMEO, COLTON, SCHMITT,
  DE LA ROSA, GALEF, JEAN-PIERRE, CARROLL, D'URSO,  WOERNER,  GOTTFRIED,
  SEAWRIGHT,  RIVERA, THIELE, BLAKE, JOHNS, L. ROSENTHAL, BARRON, BRABE-
  NEC, SCHIMMINGER,  McDONOUGH,  SMITH,  LAVINE,  SIMON,  MOSLEY,  OTIS,
  LUPARDO,  BENEDETTO,  TITUS,  ORTIZ,  AUBRY,  KIM,  PICHARDO,  CUSICK,
  STIRPE, DILAN, STECK, WALKER, RICHARDSON,  DiPIETRO,  CAHILL,  HEVESI,
  BICHOTTE,  JOYNER, SANTABARBARA, RAIA, DenDEKKER -- Multi-Sponsored by
  -- M. of A. ARROYO, BARRETT, BUCHWALD, COOK, DAVILA, DeSTEFANO, DINOW-
  ITZ, ENGLEBRIGHT, FAHY, GIGLIO, HAWLEY, KOLB, LALOR,  LIFTON,  MALLIO-
  TAKIS, PALMESANO, PALUMBO, PAULIN, PEOPLES-STOKES, PERRY, PRETLOW, RA,
  RAMOS,  RODRIGUEZ, RYAN, SOLAGES, STEC, WRIGHT, ZEBROWSKI -- read once
  and referred to the Committee on Health

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
4138-e to read as follows:
  §  4138-E.  ADOPTEE'S  RIGHT  TO  A CERTIFIED COPY OF HIS OR HER BIRTH
CERTIFICATE.  1. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWL-
EDGE, SUPPORT AND ENCOURAGE THE LIFE-LONG HEALTH AND WELL-BEING NEEDS OF
PERSONS WHO HAVE BEEN AND WILL BE ADOPTED IN THIS STATE. THE LEGISLATURE
FURTHER RECOGNIZES THAT THE DENIAL OF ACCESS TO  ACCURATE  AND  COMPLETE
MEDICAL  AND  SELF-IDENTIFYING  DATA  OF  ANY  ADOPTED PERSON, KNOWN AND
WILFULLY WITHHELD BY OTHERS, MAY RESULT IN  SUCH  PERSON  SUCCUMBING  TO
PREVENTABLE  DISEASE,  PREMATURE DEATH OR OTHERWISE UNHEALTHY LIFE, IS A
VIOLATION OF THAT PERSON'S HUMAN RIGHTS AND IS CONTRARY TO THE TENETS OF
GOVERNMENT. AS SUCH, THE PROVISIONS OF THIS SECTION  SEEK  TO  ESTABLISH
CONSIDERATIONS UNDER THE LAW FOR ADOPTED PERSONS EQUAL TO SUCH CONSIDER-
ATIONS PERMITTED BY LAW TO ALL NON-ADOPTED PERSONS; THIS SECTION DOES SO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD09643-01-9

A. 5494                             2

WHILE  PROVIDING  FOR  THE  PRIVACY  OF AN ADOPTED PERSON AND HIS OR HER
BIRTH.
  2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER OR
A  LOCAL  REGISTRAR  OR  ANY  PERSON AUTHORIZED BY THE COMMISSIONER OR A
LOCAL REGISTRAR, UPON APPLICATION, PROOF OF IDENTITY AND  PAYMENT  OF  A
NOMINAL  FEE, SHALL ISSUE CERTIFIED COPIES OF ORIGINAL LONG FORM LINE BY
LINE, VAULT COPY BIRTH CERTIFICATES, INCLUDING ANY  CHANGE  ATTACHED  TO
THAT  CERTIFICATE  BY  A  BIRTH  PARENT  OR PARENTS, AND ANY INFORMATION
PROVIDED TO THE COMMISSIONER OR A LOCAL REGISTRAR PURSUANT  TO  SUBDIVI-
SION  ONE OF SECTION ONE HUNDRED FOURTEEN OF THE DOMESTIC RELATIONS LAW,
TO (I) AN ADOPTED PERSON, IF EIGHTEEN YEARS OF AGE OR MORE, OR  (II)  IF
THE  ADOPTED  PERSON  IS  DECEASED,  THE  ADOPTED  PERSON'S  DIRECT LINE
DESCENDANTS, OR (III) THE LAWFUL REPRESENTATIVES OF SUCH ADOPTED PERSON,
OR LAWFUL REPRESENTATIVES OF SUCH DECEASED ADOPTED PERSON'S DIRECT  LINE
DESCENDANTS, AS THE CASE MAY BE.
  (B)  WHEN  IT  SHALL  BE  IMPOSSIBLE  FOR  THE COMMISSIONER OR A LOCAL
REGISTRAR TO PROVIDE A COPY OF AN ADULT ADOPTED PERSON'S  ORIGINAL  LONG
FORM  BIRTH  CERTIFICATE  (AS MAY OCCUR IN THE CASE OF AN ADOPTED PERSON
BORN OUTSIDE OF, BUT ADOPTED WITHIN, THE STATE AND SUCH  CERTIFICATE  IS
NOT  PART  OF THE RECORDS OF THE COMMISSIONER OR A LOCAL REGISTRAR), THE
TRUE AND CORRECT INFORMATION ABOUT THE ADOPTED PERSON  AND  THE  ADOPTED
PERSON'S  BIRTH  PARENTS,  INCLUDING THEIR IDENTIFYING INFORMATION, THAT
WOULD HAVE APPEARED ON SUCH ORIGINAL BIRTH CERTIFICATE SHALL BE PROVIDED
TO:  (I) THE ADOPTED PERSON, IF EIGHTEEN YEARS OF AGE OR MORE,  OR  (II)
IF  THE  ADOPTED  PERSON  IS  DECEASED, THE ADOPTED PERSON'S DIRECT LINE
DESCENDANTS, OR (III) THE LAWFUL REPRESENTATIVES OF SUCH ADOPTED PERSON,
OR LAWFUL REPRESENTATIVES OF SUCH DECEASED ADOPTED PERSON'S DIRECT  LINE
DESCENDANTS,  AS  THE CASE MAY BE BY ANY AUTHORIZED AGENCY AS DEFINED IN
PARAGRAPHS (A) AND (B) OF  SUBDIVISION  TEN  OF  SECTION  THREE  HUNDRED
SEVENTY-ONE  OF  THE SOCIAL SERVICES LAW. IN SUCH CASE, THE AGENCY SHALL
BE HELD HARMLESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE.
  (C) FOR PURPOSES OF THIS SUBDIVISION, THE  TERM  "COMMISSIONER"  SHALL
INCLUDE THE STATE COMMISSIONER OF HEALTH, THE COMMISSIONER OF HEALTH AND
MENTAL HYGIENE OF THE CITY OF NEW YORK AND FOR RECORDS OF BIRTH PRIOR TO
JANUARY  FIRST,  NINETEEN  HUNDRED FOURTEEN, THE LOCAL REGISTRARS OF THE
CITIES OF ALBANY, BUFFALO AND YONKERS.
  § 2. Subdivision 4 of section  4138  of  the  public  health  law,  as
amended  by  chapter  559  of  the  laws  of 1992, is amended to read as
follows:
  4. The commissioner may make a microfilm or other suitable copy of the
original certificate of birth and  all  papers  pertaining  to  the  new
certificate of birth. In such event, the original certificate and papers
may  be  destroyed.  All  undestroyed certificates and papers and copies
thereof shall be confidential and the  contents  thereof  shall  not  be
released  or  otherwise divulged except by order of a court of competent
jurisdiction or pursuant to  section  forty-one  hundred  thirty-eight-c
[or],  forty-one  hundred  thirty-eight-d  OR  FORTY-ONE HUNDRED THIRTY-
EIGHT-E of this [article] TITLE.
  § 3. Subdivision 5 of section  4138  of  the  public  health  law,  as
amended  by  chapter  201  of  the  laws  of 1972, is amended to read as
follows:
  5. Thereafter, when a certified copy or certified  transcript  of  the
certificate  of  birth of such a person, or a certification of birth for
such person is issued, it shall be based upon  the  new  certificate  of
birth,  except  when an order of a court of competent jurisdiction shall
require the issuance of a copy of the original certificate of  birth  OR

A. 5494                             3

APPLICATION  IS MADE PURSUANT TO SECTION FOUR THOUSAND ONE HUNDRED THIR-
TY-EIGHT-E OF THIS TITLE.
  §  4.  Paragraph  (a)  of  subdivision 3 of section 4138 of the public
health law, as amended by chapter 201 of the laws of 1972, is amended to
read as follows:
  (a) When a new certificate of birth is  made  the  commissioner  shall
substitute  such  new  certificate  for the certificate of birth then on
file, if any, and shall send the registrar of the district in which  the
birth  occurred  a  copy  of the new certificate of birth. The registrar
shall make a copy of the new certificate for the local record  and  hold
the  contents  of  the original local record confidential along with all
papers and copies pertaining thereto. It shall not be released or other-
wise divulged except by order of a court of  competent  jurisdiction  OR
PURSUANT  TO  SECTION  FOUR  THOUSAND ONE HUNDRED THIRTY-EIGHT-E OF THIS
TITLE.
  § 5. Paragraph (b) of subdivision 3 of  section  4138  of  the  public
health  law,  as added by chapter 201 of the laws of 1972, is amended to
read as follows:
  (b) Thereafter, when a verified transcript or certification  of  birth
of  such   person is issued by the registrar, it shall be based upon the
new certificate, except when an order of a court of competent  jurisdic-
tion  shall  require  the  issuance  of a verified transcript or certif-
ication based upon the original local record of birth OR APPLICATION  IS
MADE  PURSUANT  TO  SECTION  FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-E OF
THIS TITLE.
  § 6. Section 4138 of the public health law is amended by adding a  new
subdivision 8 to read as follows:
  8.  AN  ADOPTED  PERSON  EIGHTEEN  YEARS OF AGE OR OLDER, OR THE BIRTH
PARENT OR PARENTS, MAY SUBMIT TO THE REGISTRAR A  NOTICE  OF  CHANGE  OF
NAME  AND/OR  ADDRESS  AND  SUCH  INFORMATION  SHALL  BE ATTACHED TO THE
ORIGINAL BIRTH CERTIFICATE OF THE ADOPTED PERSON.
  § 7.  Paragraph (b) of subdivision 3 of section 4138-d of  the  public
health law, as amended by chapter 181 of the laws of 2010, is amended to
read as follows:
  (b)  If  the  agency  determines  that the agency was involved in such
adoption, it shall transmit the registration to the adoption information
registry operated by the department and the  agency  shall  release  the
non-identifying  information,  as  defined  in section forty-one hundred
thirty-eight-c of this title, to the [adoptee registrant. The agency may
restrict the nature of the non-identifying information released pursuant
to this section upon a reasonable determination that disclosure of  such
non-identifying  information  would not be in the adoptee's, the biolog-
ical sibling's or parent's best interest] ADOPTED PERSON.
  § 8. Section 4104 of the public health law, as amended by chapter  153
of the laws of 2011, is amended to read as follows:
  §  4104.  Vital  statistics; application of article. The provisions of
this article except for the provisions contained  in  paragraph  (i)  of
subdivision  two  and  subdivision  four  of  section  four thousand one
hundred, section four thousand one hundred  three,  subdivision  two  of
section four thousand one hundred thirty-five, section four thousand one
hundred  thirty-five-b,  subdivision  eight of section four thousand one
hundred seventy-four, paragraphs (b) and (e) of subdivision  one,  PARA-
GRAPH  (A) AND (B) OF SUBDIVISION THREE, AND SUBDIVISIONS FIVE AND EIGHT
of section four thousand one hundred thirty-eight, subdivision eleven of
section four thousand  one  hundred  thirty-eight-c,  PARAGRAPH  (B)  OF
SUBDIVISION  THREE  OF SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-D,

A. 5494                             4

SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-E and section four  thou-
sand  one  hundred  seventy-nine of this article, shall not apply to the
city of New York.
  §  9.  Subdivision  1 of section 114 of the domestic relations law, as
amended by chapter 751 of the laws of 1989 and designated by chapter 601
of the laws of 1994, is amended to read as follows:
  1. If satisfied that the best interests of the adoptive child will  be
promoted  thereby,  the judge or surrogate shall make an order approving
the adoption and directing that the adoptive child shall thenceforth  be
regarded  and  treated  in  all  respects  as  the child of the adoptive
parents or parent. In determining whether  the  best  interests  of  the
adoptive  child will be promoted by the adoption, the judge or surrogate
shall give due consideration to any assurance by a LOCAL commissioner of
social services that he OR SHE will provide necessary support and  main-
tenance for the adoptive child pursuant to the social services law. Such
order shall contain the full name, date and place of birth and reference
to  the  schedule annexed to the petition containing the medical history
of the child in the body thereof  and  shall  direct  that  the  child's
medical  history,  heritage  of  the  BIRTH parents, which shall include
nationality, ethnic background and race; education, which shall  be  the
number  of years of school completed by the BIRTH parents at the time of
the birth AND ALSO AT THE TIME  OF  SURRENDER  of  the  adoptive  child;
general  physical  appearance  of  the  BIRTH parents at the time of the
birth AND ALSO AT THE TIME OF SURRENDER of  the  adoptive  child,  which
shall  include  height, weight, color of hair, eyes, skin; occupation of
the BIRTH parents at the time of the birth  AND  ALSO  AT  THE  TIME  OF
SURRENDER of the adoptive child; health and medical history of the BIRTH
parents  at  the  time of the birth AND ALSO AT THE TIME OF SURRENDER of
the adoptive child, including all available  information  setting  forth
conditions  or  diseases believed to be hereditary, any drugs or medica-
tion taken during the pregnancy by the child's  mother;  and  any  other
information  which  may  be  a factor influencing the child's present or
future health, INCLUDING THE talents, hobbies and special  interests  of
THE  BIRTH  parents  as  contained  in the petition, be furnished to the
adoptive parents, THE COMMISSIONER AND THE APPROPRIATE  LOCAL  REGISTRAR
OF  VITAL STATISTICS.   If the judge or surrogate is also satisfied that
there is no reasonable objection to the change  of  name  proposed,  the
order shall direct that the name of the adoptive child be changed to the
name  stated  in the agreement of adoption and that henceforth he OR SHE
shall be known by that name. All such orders  made  by  a  family  court
judge  of  Westchester  county  since  September first, nineteen hundred
sixty-two, and on file in the office of the county clerk of such  county
shall  be  transferred  to the clerk of the family court of such county.
Such order and all the papers in the proceeding shall be  filed  in  the
office of the court granting the adoption and the order shall be entered
in  books  which  shall be kept under seal and which shall be indexed by
the name of the adoptive parents and by the full original  name  of  the
child. Such order, including orders heretofore entered, shall be subject
to  inspection  and  examination  only as hereinafter provided. Notwith-
standing the fact that adoption records shall be sealed and secret, they
may be microfilmed and processed pursuant to  an  order  of  the  court,
provided  that  such  order  provides  that  the confidentiality of such
records be maintained. If the confidentiality is violated, the person or
company violating it can be found guilty of contempt of court. The  fact
that  the adoptive child was born out of wedlock shall in no case appear
in such order. The written report of the investigation together with all

A. 5494                             5

other papers pertaining to the adoption shall be kept by  the  judge  or
surrogate as a permanent record of his OR HER court and such papers must
be  sealed by him OR HER and withheld from inspection. No certified copy
of  the  order of adoption shall issue unless authorized by court order,
except that certified copies may issue to the agency or agencies in  the
proceeding  prior  to  the  sealing  of the papers. Before the record is
sealed, such order may be granted upon written ex parte  application  on
good cause shown and upon such conditions as the court may impose. After
the  record  is  sealed,  such  order may be granted only upon notice as
hereinafter provided for disclosure or access and inspection of records.
The clerk upon request of a person  or  agency  entitled  thereto  shall
issue  certificates of adoption which shall contain only the new name of
the child and the date and place of birth of the child, the name of  the
adoptive  parents  and  the  date  when and court where the adoption was
granted, which certificate as to the facts recited  therein  shall  have
the  same  force and effect as a certified copy of an order of adoption.
FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "COMMISSIONER" SHALL MEAN
THE STATE COMMISSIONER OF HEALTH AND, WITH RESPECT TO AN ADOPTIVE  CHILD
BORN  IN  THE  CITY  OF  NEW YORK, THE COMMISSIONER OF HEALTH AND MENTAL
HYGIENE OF THE CITY OF NEW YORK.
  § 10. This act shall take effect January 15, 2020, provided,  however,
that  effective  immediately,  the commissioner of health is directed to
promulgate such rules and regulations as may be necessary to  carry  out
the provisions of this act.