Enacts bill of adoptee rights clarifying language and procedures for obtaining birth certificates and medical histories for adoptees

12 Co-sponsors

• John J. Bonacic
• John A. DeFrancisco
• Owen H. Johnson
• Liz Krueger
• Andrew J. Lanza
• Kenneth P. LaValle
• Michael F. Nozzolio
• Frank Padavan
• Bill Perkins
• Diane J. Savino
• James L. Seward
• Dale M. Volker

Title of bill

An act to amend the public health law and the domestic relations law, in relation to enacting the "bill of adoptee rights"

Purpose

This bill would allow adopted adults to learn who their birth parents are when they reach their 18th birthday.

Summary of specific provisions

Section 1 of the bill amends the public health law by adding a new section, 4138-e to establish the "Bill of Adoptee Rights." Among the rights. stated in section 2-4, is the ability of an adoptee to receive an certified copy of their original birth certificate at age 18, provided they have proper identification and pay a nominal fee.

Section 4 states that a contact preference may be filed at any time by the birth parent(s) requesting the adoptee not make contact, though it will not prevent the right of the adopted person to receive updated health Information. The contact preference may be rescinded by the birth parent(s) at anytime.

Sections 5-10 amend section 4138 of the public health law. which governs the Issuance of birth certificates, so as to allow an adult adoptee to have a birth certificate reflect original data; include any name changes to the adoptee; reflect current addresses; and requires the department of health to accept additional data and information supplied by birth relatives, which must be provided to the adoptive parents of minor adoptee and directly to adoptees over the age of 18. The Governor shall appoint a citizen's task force to review and assess the progress and administration of the bill's initiatives.

Justification

There are currently over 6 million adoptees In the United States for whom most know nothing about their birth parents because of state laws which seal all adoption records. New York is one of those states.

Many of these laws were instituted in the 1930's and 40's to prevent the adoptee from being labeled "illegitimate" or "bastard." Social values have changed tremendously since those days and there is no longer the same stigma attached to adoption. The sealing of these records is now hurting the people they were designed to protect.

There are at least three fundamental reasons why adoptees should be allowed to find out who their birth parents were. First, adoptees are prevented from gaining access to medical information needed for preventive health care. As more and more illnesses are traced to genetic factors, adoptees should know the medical history of their birth parents. Second, adoptees are denied the knowledge of their religious and ethnic heritage and third, they are denied the rights to know about their family history.

The purpose of a contact preference is to protect the privacy of the birthparent(s). The contact preference. which may be repealed at any time, allows a birthparent(s) to prevent an adoptee from learning who her or his birthparents were, while still allowing the adoptee to obtain updated health information an birth certificate. Opening adoption records for adults would give them some of the basic facts of their own existence which most people take for granted.

Prior legislative history

S.235 of 2007/2008

Fiscal implications

None.

Effective date

This act shall take effect one year after it shall have become a law, provided, however, that, effective immediately, the commissioner of health is directed to promulgate such rules and regulations as may be necessary to carry out provisions of this act.