Allows release of birth certificate to adoptive person without court order if person and birth parents register with state's adoption registry and consent to release

Title of bill

An act to amend the domestic relations law, in relation to adoption records

Purpose

Allows release of birth certificate to adoptive persons without court order if person and birth parents register with the state's adoption registry and consent to release.

Summary of provisions

Section 1 amends section 114 of the domestic relations law by adding a new subdivision 5 authorizing an adopted person who has reached his or her majority to access his or her original birth certificate without the necessity of a court order upon proof to the court in which the order was granted that the adopted person and his or her birth parents have registered with the state's adoption registry and have consented to the release of this identifying information. If only one birth parent executed the surrender agreement or consented to the adoption, then the registration of the other parent is not necessary for the release of information pursuant to this subdivision. Section 2 provides that this act shall take effect immediately.

Justification

There are three kinds of information currently available to adoptees who register with the Adoption Information Registry maintained by the State Department of Health: non-identifying identifying and health-related information. Non-identifying information about an adoptee's birth parents is often furnished by adoption agencies can include religion, ethnicity, race, education, occupation, etc; and the name of the agency that arranged the adoption, and the facts and circumstances relating to the nature and cause of the adoption. This information is available even if the birth parents have not registered with the state. Identifying information - name and address of each party - is only shared if the adoptee and his or her birth parents have all registered and given consent for this information to be released. Medical information can also be furnished by a birth parent regardless of whether or not that person consents to the release of identifying information.

This bill would apply only to those situations where an adoptee and any required birth parents have all registered and consented to the release of identifying information. It would allow willing adoptees with willing biological parents to have access to their original birth certificates without the added burden of having to obtain a court order from the court in which the original adoption order was granted.

Legislative history

2006 - S4792 - Referred to Social Services, Children & Families 2008 - S2261 - Referred to Social Services, Children & Families

Fiscal implications

None.

Effective date

This act shall take effect immediately.