 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8755
 
                    IN SENATE
 
                                     January 8, 2026
                                       ___________
 
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the public health law, in relation to foreign adoptions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 1 of section 4138-b of the public health  law,
     2  as amended by a chapter of the laws of 2025 amending the  public  health
     3  law  relating  to  foreign  adoptions,  as proposed in legislative bills
     4  numbers S. 3765 and A. 1944, is amended to read as follows:
     5    1. Whenever the finalization of a foreign adoption or recognition of a
     6  foreign adoption of a person of any age pursuant to section one  hundred
     7  eleven-c  of  the  domestic relations law, or the adoption of a foreign-
     8  born person [over the age of  eighteen]  of  any  age  at  the  time  of
     9  adoption  has  been reported to the commissioner, the commissioner shall
    10  file a birth certificate for the adopted person  provided  there  is  no
    11  other  birth certificate or other birth record on file other than in the
    12  country where such person was born and provided, further, that a certif-
    13  icate of birth data does not exist for that person. Such  birth  certif-
    14  icate shall be filed upon receipt of: proof that the adoptive parent was
    15  a resident of this state at the time of adoption or that the adoptee was
    16  lawfully  adopted  within  the  State  of  New  York; if the adoptee was
    17  adopted in a foreign country or jurisdiction, a  copy  of  the  adoption
    18  documents  of  the  jurisdiction  or  country  in  which  the person was
    19  adopted; a certified translation  of  the  foreign  adoption  documents,
    20  evidence  of  the  date  and  place  of  the adopted person's birth; and
    21  evidence of IR-3, IR-4 or IH-3 immigrant  visa  status  or  a  successor
    22  immigrant  visa  status. The birth certificate shall include the adopted
    23  person's name, sex, date of birth, time of birth, place of birth,  moth-
    24  er's maiden name, and father's name. A birth certificate issued pursuant
    25  to  this  section  which  has  been  filed  by a local registrar and all
    26  supporting documentation shall be submitted by the  local  registrar  to
    27  the commissioner who shall file a new birth certificate pursuant to this
    28  section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05172-02-6
        S. 8755                             2
 
     1    §  2.  This  act  shall  take  effect on the same date and in the same
     2  manner as a chapter of the laws of 2025 amending the public  health  law
     3  relating  to foreign adoptions, as proposed in legislative bills numbers
     4  S. 3765 and A. 1944, takes effect.
Relates to foreign adoptions

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