Allows release of non-certified copy of birth certificate to adoptee without court order if adoptee and a birth parent register with state's adoption registry

BILL NUMBER:S537B

Title of bill

An act to amend the public health law, in relation to the release of a non-certified copy of the birth certificate of an adoptee without a court order

Purpose

Allows for the release of a non-certified copy of an original birth certificate to an adoptee without the need to obtain a court order for such document as long as such adoptive person and birth parents register with the state's adoption registry and consent to such release.

Summary of provisions

Section 1: Amends Public Health Law section 4138-c(5) to authorize an Adoptee to have access a non-certified copy of his or her original birth certificate without the necessity of obtaining a court order. Such document can be provided if 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: This law becomes effective 180 days after it shall have become law.

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 and can include religion, ethnicity, race, education, occupation, etc; 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 a non-certified

copy of their original birth certificate without the added burden of having to obtain an order from the court in which the original adoption order was granted.

Legislative history

2010: S.1842 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES 2008: S.2261 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES 2006: S.4792 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES

Fiscal implications

None.

Effective date

This act shall take effect on the 180th day after it shall become law, with provisions.