Authorizes disclosure of death of biological parents and adoptive children by adoption registry

1 Co-sponsor

• Brian Kolb

2 Multi-sponsors

• James Bacalles
• Thomas F. O'Mara

BILL NUMBER:A10286

Title of bill

An act to amend the public health law, in relation to authorizing disclosure of the death of biological parents and adoptive children by the adoption information registry and by the mutual consent voluntary adoption registry

PURPOSE OR GENERAL IDEA OF BILL:. To provide an avenue whereby biolog- ical parents and/or adoptive children who desire notification - can be notified of the death of the adoptive child or biological parents, respectively. An intermediary is designated to guard the confidentiali- ty of the adoption process. The bill authorizes the state adoption information registry and mutual consent voluntary adoption registries to give notice of death to registered parties. Notification can ONLY be released upon mutual consent (and registration) of affected parties.

Summary of specific provisions

Section 4138-c of the Public Health Law is amended expanding the authority of the state adoption registry to release notice of death of biological parent and adoptive child. The department will release such information only to parent and/or child, and only after mutual registration and compliance of affected parties.

Section 4138-d of the Public Health Law is amended granting mutual consent voluntary adoption registry(ies) like authority to that granted state adoption registry.

Justification

Natural bonds between parent and child are not always severed, by adoption. Biological parents, in many cases, wonder and worry about their child long after an adoption. In addition, adoptive children are often concerned about the fate of their biological parent(s). There is a mounting trend among states to allow adoptees access to certain information contained in adoption records, through voluntary mutual consent adoption registries. New York had been the leader in this movement, establishing in 1983 (Chapter 898), a state adoption information registry. This bill increases the enumerated list of "non-identifying information" to include notification of death of biological parent and/or adoptive child. The bill recognizes and guards the privacy of all parties, allowing notification only with the mutual consent and compliance of affected parties as detailed in the bill.

Prior legislative history

2008: A.4826; Referred to Children and Families 2007: A.4726; Held for consideration in Children and Families 2007: A.4826; Referred to Children and Families 2006: A.2983; Held for consideration in Children and Families 2005: A.2983; Referred to Children and Families 2004: A.2290; Referred to Children and Families 2003: A.2290; Held for consideration in Children and Families 2002: A.3135; Held for consideration in Children and Families 2001: A.3135; Referred to Children and Families 2000: A.2727; Held for consideration in Children and Families 1999: A.2727; Referred to Children and Families

1998: A.5991; Referred to Children and Families 1997: A.5991; Referred to Children and Families 1996: A.1709; Referred to Children and Families 1995: A.1709; Held for consideration in Children and Families 1994: A.9860; Referred to Children and Families

Fiscal implications

The costs of notification are according to fee schedule of the adoption information registry, and are to be borne by the party requesting and receiving information.

Effective date

Immediately.