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

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". An adop- tee, who is at least 18 years old, may request and receive a non-certi- fied copy of his or her original birth certificate and/or a medical history form, if available, upon proper identification and payment of a nominal fee. Where only a medical history form is requested, the birth certificate and contact preference form will not be sent, but may be requested at a later date. If a copy of the birth certificate cannot be provided, then the adult adoptee may secure from a court of competent jurisdiction or the adoption agency the information that would have appeared on the original birth certificate. A contact preference form and/or a medical history form may be filed by the birth parent(s) with the Department of Health at any time.

Section 2 amends § 4138 of the public health law to allow an adult adopted person to request a certified copy or certified transcript of the certificate of birth based upon the original certificate of birth upon proper proof of identity and a written notarized request.

Section 3 amends § 4138 of the public health law to provide that when a verified transcript or certification of birth is issued by the regist- rar, it will be required to issue the document based upon the original local record of birth upon a written notarized request by the adult adopted person once proper proof of identity is provided.

Section 4 amends § 4138 of the public health law to require that when a commissioner makes a new birth certificate for an adult, then a certi- fied copy, a certified transcript and a certification of birth will be forwarded to such adult.

Section 5 amends § 4138 of the public health law by adding two new subdivisions that would allow an adult adoptee or a birth parent to submit to the registrar a notice of change of name and/or address and to be attached to the original birth certificate of the adopted person. If an adopted person has granted permission, then the registrar shall disclose the current name and address to the birth parent at the birth parent's request.

Section 6 amends § 4138-d of the public health law and removes the provision that allows an adoption agency to restrict access to non-iden- tifying information that is not in the best interest of the adoptee, the biological sibling or the birth parent(s).

Section 7 amends § 4104 of the public health law to include additional provisions under vital statistics that would be applicable to the city of New York.

Section 8 amends § 114 of the domestic relations law to require certain information be contained in the medical history of the child a.t the time the child is surrendered by his or her birth parent(s). The law guardian will have the responsibility to ensure the comprehensive completion and filing of the information prior to the acceptance of the termination of parental rights or the entry of a certificate of adoption. The law guardian will provide an affidavit to the court reporting all diligent efforts to obtain the medical history information and a copy of the affidavit will be appended to the original and amended birth certificates.

Section 9 amends § 114 of the domestic relations law to allow an adult adoptee to request and receive a non-certified copy of his or her original birth certificate and/or a medical history form, if available, upon proper identification and payment of a nominal fee.

Section 10 is the effective date.

Justification

The "Bill of Adoptee Rights" will provide adult adoptees with access to information that a non-adopted person has a legal right to obtain. In New York, an adoptee cannot access his or her original birth certificate unless the adoptee goes through judicial means, and even then, the outcome does not guarantee that access will be granted. This bill will allow adult adoptees to re~lest and receive a non-certified copy of an original birth certificate and/or a medical history form if available.

Adoptees will be able to gain knowledge of their religious and ethnic heritage and access to medical information that may be necessary for preventive health care and illnesses that are linked to family history and genetics.

A birth parent may seek to protect his or her privacy by completing a contact preference form that would be sent to the adult adoptee upon a request for a non-certified copy of an original birth certificate. The contact preference form provides the birth parent with the option to be contacted by the adoptee, through an intermediary or to not be contacted at all.

Prior legislative history

2007/2008: S.235 Referred to Health

Fiscal implications

None.

Effective date

This act shall take effect January 1, 2011.