S T A T E O F N E W Y O R K ________________________________________________________________________ 909 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. ARROYO, BARRON, BOYLAND, BUTLER, CAMARA, CLARK, COLTON, COOK, CURRAN, DINOW- ITZ, DUPREY, ENGLEBRIGHT, FARRELL, GABRYSZAK, GALEF, GIGLIO, GOTT- FRIED, GRAF, GUNTHER, HEVESI, HOOPER, JORDAN, KATZ, KELLNER, KOLB, LAVINE, LIFTON, P. LOPEZ, V. LOPEZ, LUPARDO, MAGEE, MAGNARELLI, MAISEL, McKEVITT, MILLER, MILLMAN, MONTESANO, MOYA, OAKS, PALMESANO, PAULIN, PEOPLES-STOKES, PERRY, PRETLOW, RA, RAIA, RAMOS, RIVERA, ROBERTS, ROBINSON, RODRIGUEZ, ROSENTHAL, RYAN, SCARBOROUGH, SCHIMEL, STEVENSON, THIELE, TITONE, WALTER, WEISENBERG, WRIGHT, ZEBROWSKI -- read once and referred to the Committee on Health AN ACT to amend the public health law and the domestic relations law, in relation to enacting the "bill of adoptee rights" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding a new section 2 4138-e to read as follows: 3 S 4138-E. BILL OF ADOPTEE RIGHTS. 1. THIS SECTION SHALL BE KNOWN AND 4 MAY BE CITED AS THE "BILL OF ADOPTEE RIGHTS". 5 2. THE LEGISLATURE HEREBY STATES ITS INTENTION TO ACKNOWLEDGE, SUPPORT 6 AND ENCOURAGE THE LIFE-LONG HEALTH AND WELL-BEING NEEDS OF PERSONS WHO 7 HAVE BEEN AND WILL BE ADOPTED IN THE STATE OF NEW YORK. THE LEGISLATURE 8 FURTHER RECOGNIZES THAT THE DENIAL OF ACCESS TO ACCURATE AND COMPLETE 9 MEDICAL AND SELF-IDENTIFYING DATA OF ANY ADOPTED PERSON, KNOWN AND 10 WILFULLY WITHHELD BY OTHERS, MAY RESULT IN SUCH PERSON SUCCUMBING TO 11 PREVENTABLE DISEASE, PREMATURE DEATH OR OTHERWISE UNHEALTHY LIFE, IS A 12 VIOLATION OF THAT PERSON'S HUMAN RIGHTS AND IS CONTRARY TO THE TENETS OF 13 GOVERNANCE. AS SUCH, THE PROVISIONS OF THIS SECTION SEEK TO ESTABLISH 14 CONSIDERATIONS UNDER THE LAW FOR ADOPTED PERSONS EQUAL TO SUCH CONSIDER- 15 ATIONS PERMITTED BY LAW TO ALL NON-ADOPTED PERSONS; THIS SECTION DOES SO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02906-02-3 A. 909 2 1 WHILE PROVIDING FOR THE PRIVACY OF AN ADOPTED PERSON AND HIS OR HER 2 BIRTH AND ADOPTIVE FAMILIES. 3 3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED 4 PERSON ATTAINS THE AGE OF EIGHTEEN YEARS, THAT PERSON SHALL HAVE THE 5 RIGHT TO RECEIPT OF A NON-CERTIFIED COPY OF HIS OR HER ORIGINAL (LONG 6 FORM, LINE BY LINE VAULT COPY) BIRTH CERTIFICATE AND ANY CHANGE HIS OR 7 HER BIRTH PARENT OR PARENTS MAY HAVE ATTACHED TO THAT CERTIFICATE, 8 AND/OR A MEDICAL HISTORY FORM IF AVAILABLE, UPON APPLICATION, PRESENTA- 9 TION OF PROOF OF IDENTIFICATION AND THE PAYMENT OF A NOMINAL FEE. 10 (B) WHEN IT SHALL BE IMPOSSIBLE THROUGH GOOD-FAITH EFFORTS TO PROVIDE 11 A COPY OF AN ADULT ADOPTED PERSON'S ORIGINAL BIRTH CERTIFICATE (AS IN 12 THE CASE OF AN ADOPTED PERSON BORN OUTSIDE OF, BUT ADOPTED WITHIN, THE 13 STATE OF NEW YORK), THE ADULT ADOPTED PERSON SHALL HAVE THE RIGHT TO 14 SECURE FROM A COURT OF COMPETENT JURISDICTION OR THE ADOPTION AGENCY, 15 THE TRUE AND CORRECT IDENTIFYING INFORMATION THAT WOULD HAVE APPEARED ON 16 HIS OR HER ORIGINAL BIRTH CERTIFICATE. IN SUCH CASE THE AGENCY SHALL BE 17 HELD HARMLESS FROM ANY LIABILITY ARISING OUT OF THE DISCLOSURE. 18 4. A BIRTH PARENT MAY AT ANY TIME REQUEST FROM THE DEPARTMENT A 19 CONTACT PREFERENCE FORM THAT SHALL ACCOMPANY A BIRTH CERTIFICATE ISSUED 20 UNDER THIS TITLE. THE CONTACT PREFERENCE FORM SHALL PROVIDE THE FOLLOW- 21 ING INFORMATION TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT: 22 (A) I WOULD LIKE TO BE CONTACTED. 23 (B) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY. 24 (C) I HAVE COMPLETED A MEDICAL HISTORY FORM AND HAVE FILED IT WITH THE 25 DEPARTMENT. 26 (D) PLEASE DO NOT CONTACT ME. IF I DECIDE LATER THAT I WOULD LIKE TO 27 BE CONTACTED, I WILL SUBMIT AN UPDATED CONTACT PREFERENCE FORM TO THE 28 DEPARTMENT. 29 THE MEDICAL HISTORY FORM SHALL BE IN A FORM PRESCRIBED BY THE DEPART- 30 MENT AND SHALL BE SUPPLIED TO THE BIRTH PARENT UPON REQUEST OF A CONTACT 31 PREFERENCE FORM FROM THE DEPARTMENT. 32 ONLY THOSE PERSONS WHO ARE AUTHORIZED TO PROCESS APPLICATIONS MADE 33 UNDER THIS TITLE MAY PROCESS CONTACT PREFERENCE AND MEDICAL HISTORY 34 FORMS. 35 THE MEDICAL HISTORY FORM AND CONTACT PREFERENCE FORM ARE CONFIDENTIAL 36 COMMUNICATIONS FROM THE BIRTH PARENT TO THE PERSON NAMED ON THE SEALED 37 BIRTH CERTIFICATE AND SHALL BE PLACED IN SEPARATE SEALED ENVELOPES UPON 38 RECEIPT FROM THE BIRTH PARENT. THE SEALED ENVELOPES SHALL BE MATCHED 39 WITH AND PLACED IN THE FILE CONTAINING THE SEALED BIRTH CERTIFICATE. 40 THE SEALED ENVELOPES CONTAINING THE CONTACT PREFERENCE FORM AND 41 MEDICAL HISTORY FORM MAY BE RELEASED TO A PERSON REQUESTING HIS OR HER 42 OWN ORIGINAL BIRTH CERTIFICATE UNDER THIS TITLE. THE CONTACT PREFERENCE 43 FORM AND MEDICAL HISTORY FORM ARE PRIVATE COMMUNICATIONS FROM THE BIRTH 44 PARENT TO THE PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND NO COPIES 45 OF THE FORMS SHALL BE RETAINED BY THE DEPARTMENT. WHERE ONLY A MEDICAL 46 HISTORY FORM IS REQUESTED THE BIRTH CERTIFICATE AND CONTACT PREFERENCE 47 FORM SHALL NOT BE SENT, BUT MAY BE REQUESTED AT A LATER DATE. 48 S 2. Subdivision 5 of section 4138 of the public health law, as 49 amended by chapter 201 of the laws of 1972, is amended to read as 50 follows: 51 5. Thereafter, when a certified copy or certified transcript of the 52 certificate of birth of such a person, or a certification of birth for 53 such person is issued, it shall be based upon the new certificate of 54 birth, except when an order of a court of competent jurisdiction shall 55 require the issuance of a copy of the original certificate of birth OR A. 909 3 1 UPON A WRITTEN NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF OR 2 HERSELF ONCE PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR. 3 S 3. Paragraph (b) of subdivision 3 of section 4138 of the public 4 health law, as added by chapter 201 of the laws of 1972, is amended to 5 read as follows: 6 (b) Thereafter, when a verified transcript or certification of birth 7 of such person is issued by the registrar, it shall be based upon the 8 new certificate, except when an order of a court of competent jurisdic- 9 tion shall require the issuance of a verified transcript or certif- 10 ication based upon the original local record of birth OR UPON A WRITTEN 11 NOTARIZED REQUEST BY THE ADULT ADOPTED PERSON HIMSELF OR HERSELF ONCE 12 PROPER PROOF OF IDENTITY IS PROVIDED TO THE REGISTRAR. 13 S 4. Subdivision 7 of section 4138 of the public health law, as 14 amended by chapter 644 of the laws of 1988, is amended to read as 15 follows: 16 7. Whenever the commissioner makes a new birth certificate for any 17 person pursuant to the provisions of subdivision one of this section, he 18 OR SHE shall forward to such person, if eighteen years of age or more, 19 [or to the parents of such person,] a certified copy, a certified tran- 20 script [or] AND a certification of birth, [whichever he deems appropri- 21 ate under the circumstances,] without making any charge therefor. 22 S 5. Section 4138 of the public health law is amended by adding two 23 new subdivisions 8 and 9 to read as follows: 24 8. (A) AN ADOPTED PERSON EIGHTEEN YEARS OF AGE OR OLDER, OR THE BIRTH 25 PARENT OR PARENTS, MAY SUBMIT TO THE REGISTRAR A NOTICE OF CHANGE OF 26 NAME AND/OR ADDRESS AND SUCH INFORMATION SHALL BE ATTACHED TO THE 27 ORIGINAL BIRTH CERTIFICATE OF THE ADOPTED PERSON. 28 (B) THE REGISTRAR SHALL DISCLOSE TO THE BIRTH PARENT OR PARENTS AT 29 SUCH PARENT'S OR PARENTS' REQUEST, THE MOST CURRENT NAME AND ADDRESS OF 30 AN ADOPTED PERSON IF THAT ADOPTED PERSON HAS REQUESTED SO BY FILING A 31 NOTARIZED LETTER WITH THE REGISTRAR. 32 9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED PERSON 33 ATTAINS THE AGE OF EIGHTEEN YEARS, HE OR SHE SHALL HAVE THE RIGHT, UPON 34 APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE, TO A 35 NON-CERTIFIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE BY LINE, VAULT 36 COPY BIRTH CERTIFICATE AND/OR A MEDICAL HISTORY FORM, IF AVAILABLE. 37 S 6. Paragraph (b) of subdivision 3 of section 4138-d of the public 38 health law, as amended by chapter 181 of the laws of 2010, is amended to 39 read as follows: 40 (b) If the agency determines that the agency was involved in such 41 adoption, it shall transmit the registration to the adoption information 42 registry operated by the department and the agency shall release the 43 non-identifying information, as defined in section forty-one hundred 44 thirty-eight-c of this title, to the [adoptee registrant. The agency may 45 restrict the nature of the non-identifying information released pursuant 46 to this section upon a reasonable determination that disclosure of such 47 non-identifying information would not be in the adoptee's, the biolog- 48 ical sibling's or parent's best interest] ADOPTED PERSON. 49 S 7. Section 4104 of the public health law, as amended by chapter 153 50 of the laws of 2011, is amended to read as follows: 51 S 4104. Vital statistics; application of article. The provisions of 52 this article except for the provisions contained in paragraph (i) of 53 subdivision two and subdivision four of section four thousand one 54 hundred, section four thousand one hundred three, subdivision two of 55 section four thousand one hundred thirty-five, section four thousand one 56 hundred thirty-five-b, subdivision eight of section four thousand one A. 909 4 1 hundred seventy-four, paragraphs (b) and (e) of subdivision one, PARA- 2 GRAPH (B) OF SUBDIVISION THREE, AND SUBDIVISIONS FIVE, SEVEN, EIGHT AND 3 NINE of section four thousand one hundred thirty-eight, subdivision 4 eleven of section four thousand one hundred thirty-eight-c, PARAGRAPH 5 (B) OF SUBDIVISION THREE OF SECTION FOUR THOUSAND ONE HUNDRED 6 THIRTY-EIGHT-D, SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT-E and 7 section four thousand one hundred seventy-nine of this article, shall 8 not apply to the city of New York. 9 S 8. Subdivision 1 of section 114 of the domestic relations law, as 10 amended by chapter 751 of the laws of 1989 and designated by chapter 601 11 of the laws of 1994, is amended to read as follows: 12 1. If satisfied that the best interests of the adoptive child will be 13 promoted thereby, the judge or surrogate shall make an order approving 14 the adoption and directing that the adoptive child shall thenceforth be 15 regarded and treated in all respects as the child of the adoptive 16 parents or parent. In determining whether the best interests of the 17 adoptive child will be promoted by the adoption, the judge or surrogate 18 shall give due consideration to any assurance by a LOCAL commissioner of 19 social services that he OR SHE will provide necessary support and main- 20 tenance for the adoptive child pursuant to the social services law. Such 21 order shall contain the full name, date and place of birth and reference 22 to the schedule annexed to the petition containing the medical history 23 of the child in the body thereof and shall direct that the child's 24 medical history, heritage of the BIRTH parents, which shall include 25 nationality, ethnic background and race; education, which shall be the 26 number of years of school completed by the BIRTH parents at the time of 27 the birth AND ALSO AT THE TIME OF SURRENDER of the adoptive child; 28 general physical appearance of the BIRTH parents at the time of the 29 birth AND ALSO AT THE TIME OF SURRENDER of the adoptive child, which 30 shall include height, weight, color of hair, eyes, skin; occupation of 31 the BIRTH parents at the time of the birth AND ALSO AT THE TIME OF 32 SURRENDER of the adoptive child; health and medical history of the BIRTH 33 parents at the time of the birth AND ALSO AT THE TIME OF SURRENDER of 34 the adoptive child, including all available information setting forth 35 conditions or diseases believed to be hereditary, any drugs or medica- 36 tion taken during the pregnancy by the child's mother; and any other 37 information which may be a factor influencing the child's present or 38 future health, INCLUDING THE talents, hobbies and special interests of 39 THE BIRTH parents as contained in the petition, be furnished to the 40 adoptive parents. IN RECOGNITION OF THE IMPERATIVE LIFELONG IMPORTANCE 41 OF SUCH INFORMATION FOR THE HEALTH AND WELL-BEING OF THE ADOPTED PERSON, 42 IT SHALL BE THE DUTY OF THE LAW GUARDIAN AS PROVIDED FOR BY SECTIONS TWO 43 HUNDRED FORTY-ONE, TWO HUNDRED FORTY-TWO, TWO HUNDRED FORTY-NINE AND TWO 44 HUNDRED FORTY-NINE-A OF THE FAMILY COURT ACT TO ENSURE THE COMPREHENSIVE 45 COMPLETION AND FILING OF ALL THE ABOVE REFERENCED INFORMATION PRIOR TO 46 THE ACCEPTANCE OF THE TERMINATION OF PARENTAL RIGHTS OR THE ENTRY OF A 47 CERTIFICATE OF ADOPTION. IT SHALL BE DEEMED BY THAT LEGAL REPRESENTATIVE 48 THAT SUCH INFORMATION IS ALWAYS IN THE BEST INTEREST OF THE CHILD AND IS 49 A PROTECTED RIGHT. PRIOR TO TERMINATION OF DUTIES, SUCH LAW GUARDIAN 50 SHALL PROVIDE, AS DIRECTED BY SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-C 51 OF THE PUBLIC HEALTH LAW AND SECTIONS THREE HUNDRED SEVENTY-THREE AND 52 THREE HUNDRED SEVENTY-THREE-A OF THE SOCIAL SERVICES LAW, TO THE RESPEC- 53 TIVE RESPONSIBLE PARTIES ALL SUCH COLLECTED DATA, AND PROVIDE AN AFFIDA- 54 VIT TO THE COURT REPORTING ALL DILIGENT EFFORTS TO OBTAIN SUCH DATA. A 55 COPY OF SUCH AFFIDAVIT SHALL BE APPENDED TO THE ORIGINAL AND ANY AND ALL 56 AMENDED BIRTH CERTIFICATES. If the judge or surrogate is also satisfied A. 909 5 1 that there is no reasonable objection to the change of name proposed, 2 the order shall direct that the name of the adoptive child be changed to 3 the name stated in the agreement of adoption and that henceforth he OR 4 SHE shall be known by that name. All such orders made by a family court 5 judge of Westchester county since September first, nineteen hundred 6 sixty-two, and on file in the office of the county clerk of such county 7 shall be transferred to the clerk of the family court of such county. 8 Such order and all the papers in the proceeding shall be filed in the 9 office of the court granting the adoption and the order shall be entered 10 in books which shall be kept under seal and which shall be indexed by 11 the name of the adoptive parents and by the full original name of the 12 child. Such order, including orders heretofore entered, shall be subject 13 to inspection and examination only as hereinafter provided. Notwith- 14 standing the fact that adoption records shall be sealed and secret, they 15 may be microfilmed and processed pursuant to an order of the court, 16 provided that such order provides that the confidentiality of such 17 records be maintained. If the confidentiality is violated, the person or 18 company violating it can be found guilty of contempt of court. The fact 19 that the adoptive child was born out of wedlock shall in no case appear 20 in such order. The written report of the investigation together with all 21 other papers pertaining to the adoption shall be kept by the judge or 22 surrogate as a permanent record of his OR HER court and such papers must 23 be sealed by him OR HER and withheld from inspection. No certified copy 24 of the order of adoption shall issue unless authorized by court order, 25 except that certified copies may issue to the agency or agencies in the 26 proceeding prior to the sealing of the papers. Before the record is 27 sealed, such order may be granted upon written ex parte application on 28 good cause shown and upon such conditions as the court may impose. After 29 the record is sealed, such order may be granted only upon notice as 30 hereinafter provided for disclosure or access and inspection of records. 31 The clerk upon request of a person or agency entitled thereto shall 32 issue certificates of adoption which shall contain only the new name of 33 the child and the date and place of birth of the child, the name of the 34 adoptive parents and the date when and court where the adoption was 35 granted, which certificate as to the facts recited therein shall have 36 the same force and effect as a certified copy of an order of adoption. 37 S 9. Section 114 of the domestic relations law is amended by adding a 38 new subdivision 5 to read as follows: 39 5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN ADOPTED PERSON 40 ATTAINS THE AGE OF EIGHTEEN YEARS, SUCH ADOPTED PERSON SHALL HAVE THE 41 RIGHT, UPON APPLICATION, PROOF OF IDENTITY AND PAYMENT OF A NOMINAL FEE, 42 TO A NON-CERTIFIED COPY OF HIS OR HER ORIGINAL LONG FORM, LINE BY LINE, 43 VAULT COPY BIRTH CERTIFICATE AND/OR MEDICAL HISTORY FORM, IF AVAILABLE. 44 S 10. This act shall take effect on the first of January next succeed- 45 ing the date on which it shall have become a law, provided, however, 46 that, effective immediately, the commissioner of health is directed to 47 promulgate such rules and regulations as may be necessary to carry out 48 the provisions of this act.