What's happening
This bill allows adoptees in New York to obtain a non-certified copy of their original birth certificate without a court order if both birth parents and the adoptee consent.
Why it matters
Empowers Adoptees. By allowing adoptees to access their original birth certificates without a court order (if all parties consent), the bill gives adoptees more direct control over their personal history, removing legal and bureaucratic hurdles that can be emotionally or financially burdensome.
Protects Privacy and Consent. The requirement that both birth parents and the adoptee must register and explicitly consent to the release of identifying information helps safeguard the privacy of all involved, ensuring sensitive information is only shared when everyone agrees.
Addresses Complex Family Situations. The provision allowing release of the birth certificate even if only one birth parent consented to the adoption or executed the surrender agreement recognizes and accommodates the reality that not all adoptions involve both birth parents equally, making the process more inclusive for adoptees from diverse backgrounds.
Potential for Family Connection and Medical History Access. By facilitating access to original birth certificates, the bill can help adoptees seeking to learn about their biological heritage, reconnect with birth relatives, or obtain important medical history that may impact their health and well-being.
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Who cares
Headline styles
Let Adoptees Get Birth Certificates
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5449
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Judiciary
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 4138-c of the public health law is amended by adding a new paragraph (c) to read as follows:
(c) If the department determines that there is a corresponding registration for the adoptee and for either of the birth parents, and each has consented to the release of identifying information about the birth parents and the adoptee, respectively, the department shall notify the court wherein the adoption occurred that a non-certified copy of the adoptee's original birth certificate, if available, shall be promptly released to the adoptee without necessity of a court order. Provided, that if only one birth parent executed the surrender agreement or consented to the adoption, then the registration of the other birth parent in the registry shall not be necessary for the release of such a birth certificate pursuant to this paragraph.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized to be made on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09534-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.