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

BILL NUMBER:S4037A

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

Creates the Adoptee Bill of Rights by clarifying language and procedures for obtaining birth certificates and medical histories for adoptees.

Summary of specific provisions

Section one adds a new section 4138-e to the public health law, "Bill of Adoptee Rights". Section two amends subdivision 5 of section 4138 of the public health law as amended by chapter 201 of the laws of 1972. Section three amends paragraph (b) of subdivision 3 of section 4138 of the public health law as added by chapter 201 of the laws of 1972. Section four amends subdivision 7 of section 4138 of the public health law as amended by chapter 644 of the laws of 1988. Section five amends section 4138 of the public health law by adding two new subdivisions 8 and 9. Section six amends paragraph (b) of subdivision 3 of section 4138-d of the public health law as amended by chapter 181 of the laws of 2010. Section seven amends section 4104 of the public health law as amended by chapter 153 of the laws of 2011. Section eight amends 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. Section nine adds a new subdivision 5 to section 114 of the domestic relations law. Section 10 is the effective date.

Justification

This legislation will provide adoptees who are thirteen years or older with access to information that a non-adopted person has a legal right to obtain. State law prohibits an adoptee to access their original birth certificate unless they go through judicial means. This process does not guarantee that access to their original birth certificate will be granted. This bill is necessary in order for the adoptee to request and receive a non-certified copy of an original birth certificate and/or a medical history form if available.

By allowing access to an adoptees original birth certificate, this legislation will allow them to have knowledge of their religious and ethnic heritage. It will also so permit them access to medical information that may be necessary for preventive health care and illnesses that are linked to family history and genetics.

This measure allows a birth parent the ability 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 not to be contacted at all by the adoptee.

Legislative history

2011: S.4037 - Referred to Health.

Fiscal implications

None.

Effective date

January 1, next succeeding the date on which it shall have become a law.