Bill Text: NY A03298 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Enacts Bill of Adoptee Rights clarifying language and procedures for obtaining birth certificates and medical histories of adoptees; permits an adopted adult to access certain records when they reach the age of 18; creates a contact preference to be filed by birth parents.

Spectrum: Slight Partisan Bill (Democrat 34-18)

Status: (Introduced - Dead) 2015-02-17 - enacting clause stricken [A03298 Detail]

Download: New_York-2015-A03298-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3298
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced by M. of A. WEPRIN, BORELLI -- Multi-Sponsored by -- M. of A.
         ARROYO,  BLANKENBUSH,  BUTLER,  CAMARA,  CERETTO, CLARK, COLTON, COOK,
         CROUCH, DINOWITZ, DUPREY,  ENGLEBRIGHT,  FAHY,  FARRELL,  FITZPATRICK,
         GALEF,  GARBARINO,  GIGLIO,  GOTTFRIED, GRAF, GUNTHER, HOOPER, JAFFEE,
         KATZ, KOLB, LAVINE, LIFTON, LOPEZ, LUPARDO, MAGEE, MAGNARELLI,  McKEV-
         ITT, MILLER, MONTESANO, MOYA, OAKS, PALMESANO, PAULIN, PEOPLES-STOKES,
         PERRY,  PRETLOW,  RAIA,  RAMOS,  RIVERA, ROBERTS, ROBINSON, ROSENTHAL,
         SCARBOROUGH, SCHIMEL, TEDISCO, TENNEY, THIELE, TITONE, WRIGHT, ZEBROW-
         SKI -- read once and referred to the Committee on Health
       AN ACT to amend the public health law, in relation to creating 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. (A) COMMENCING ON JANUARY FIRST,
    4  TWO THOUSAND SEVENTEEN, EXCEPT AS PROVIDED IN SUBDIVISION TWO  OR  THREE
    5  OF  THIS SECTION, AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, A
    6  PERSON EIGHTEEN YEARS OF AGE OR MORE WHO WAS BORN IN THIS STATE AND THEN
    7  ADOPTED AND WHOSE LONG-FORM BIRTH CERTIFICATE WAS THEN  SEALED  IN  THIS
    8  STATE,  MAY  OBTAIN A CERTIFIED COPY OF SUCH LONG-FORM BIRTH CERTIFICATE
    9  FROM THE DEPARTMENT IN ACCORDANCE WITH THIS SECTION. (B) SUCH  A  CERTI-
   10  FIED  COPY  OF  A LONG-FORM BIRTH CERTIFICATE SUPPLIED BY THE DEPARTMENT
   11  SHALL INCLUDE A LEGEND, APPEARING PROMINENTLY ON EACH PAGE OF THE  DOCU-
   12  MENT PROVIDED, STATING AS FOLLOWS:
   13    THIS  IS  A  CERTIFIED  COPY  OF  AN  ORIGINAL BIRTH CERTIFICATE. THIS
   14  ORIGINAL BIRTH CERTIFICATE HAS BEEN SUPERSEDED BY ANOTHER CERTIFICATE ON
   15  FILE WITH THE APPROPRIATE GOVERNMENT AGENCY.
   16    2. AT ANY TIME PRIOR TO  JANUARY  FIRST,  TWO  THOUSAND  SEVENTEEN,  A
   17  PERSON  LISTED  AS  A  BIRTH  PARENT  ON  A CONFIDENTIAL LONG-FORM BIRTH
   18  CERTIFICATE MAY, IN WRITING, CONFIRM THAT HE OR SHE WISHES  TO  MAINTAIN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01110-02-5
       A. 3298                             2
    1  THE  CONFIDENTIALITY  OF  SUCH  DOCUMENT.  IF  A WRITTEN CONFIRMATION AS
    2  DESCRIBED IN THIS SUBDIVISION IS RECEIVED FROM SUCH A  BIRTH  PARENT  BY
    3  THE  DEPARTMENT ON OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN, THEN
    4  PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH
    5  LONG-FORM  BIRTH  CERTIFICATE  PROVIDED,  HOWEVER, THAT PARAGRAPH (A) OF
    6  SUBDIVISION ONE OF THIS SECTION SHALL APPLY ON OR AFTER  THAT  DATE  IF,
    7  AFTER SUCH CONFIRMATION IS RECEIVED BY THE DEPARTMENT, SUCH BIRTH PARENT
    8  DIES  OR  THE CONFIRMATION IS WITHDRAWN BY SUCH BIRTH PARENT IN WRITING,
    9  AND NO OTHER TIMELY CONFIRMATION REMAINS ON  FILE  WITH  THE  DEPARTMENT
   10  FROM A LIVING BIRTH PARENT.
   11    3.  A  PERSON EIGHTEEN YEARS OF AGE OR MORE WHO WAS BORN IN THIS STATE
   12  AND THEN ADOPTED AND WHOSE LONG-FORM BIRTH CERTIFICATE WAS  THEN  SEALED
   13  IN THIS STATE, MAY OBTAIN A CERTIFIED COPY OF HIS OR HER LONG-FORM BIRTH
   14  CERTIFICATE,  AS  DESCRIBED  IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
   15  SECTION, UPON SUPPLYING PROOF THAT ALL  BIRTH  PARENTS  LISTED  ON  SUCH
   16  DOCUMENT HAVE DIED.
   17    4.  THE  DEPARTMENT SHALL PROMULGATE AND MAKE PUBLICLY AVAILABLE FORMS
   18  THAT A BIRTH PARENT MAY USE TO PROVIDE THE  DEPARTMENT  WITH  A  WRITTEN
   19  CONFIRMATION  OR  WITHDRAWAL OF CONFIRMATION UNDER THIS SECTION, AND FOR
   20  CONFIRMING THAT A PERSON WHO HAS MADE SUCH  A  WRITTEN  CONFIRMATION  OR
   21  WITHDRAWAL  IS, IN FACT, A PERSON IDENTIFIED ON THE BIRTH CERTIFICATE AS
   22  A BIRTH PARENT, AND FOR CONFIRMING THE SUFFICIENCY OF PROOF OF THE DEATH
   23  OF A PERSON LISTED ON A BIRTH CERTIFICATE AS A BIRTH PARENT.
   24    5. (A) A BIRTH PARENT MAY AT ANY TIME REQUEST FROM  THE  DEPARTMENT  A
   25  CONTACT  PREFERENCE FORM THAT SHALL ACCOMPANY A BIRTH CERTIFICATE ISSUED
   26  UNDER THIS TITLE. THE CONTACT PREFERENCE FORM SHALL PROVIDE THE  FOLLOW-
   27  ING INFORMATION TO BE COMPLETED AT THE OPTION OF THE BIRTH PARENT:
   28    (I) I WOULD LIKE TO BE CONTACTED.
   29    (II) I WOULD PREFER TO BE CONTACTED ONLY THROUGH AN INTERMEDIARY.
   30    (III)  I  HAVE COMPLETED A MEDICAL HISTORY FORM AND HAVE FILED IT WITH
   31  THE DEPARTMENT.
   32    (IV) PLEASE DO NOT CONTACT ME. IF I DECIDE LATER THAT I WOULD LIKE  TO
   33  BE  CONTACTED,  I  WILL SUBMIT AN UPDATED CONTACT PREFERENCE FORM TO THE
   34  DEPARTMENT.
   35    (B) THE MEDICAL HISTORY FORM SHALL BE IN  A  FORM  PRESCRIBED  BY  THE
   36  DEPARTMENT  AND  SHALL BE SUPPLIED TO THE BIRTH PARENT UPON REQUEST OF A
   37  CONTACT PREFERENCE FORM FROM THE DEPARTMENT. ONLY THOSE PERSONS WHO  ARE
   38  AUTHORIZED  TO  PROCESS  APPLICATIONS  MADE UNDER THIS TITLE MAY PROCESS
   39  CONTACT PREFERENCE FORMS, MEDICAL HISTORY FORMS, AND CORRESPONDENCE  AND
   40  REQUESTS MADE PURSUANT TO THIS SECTION.
   41    (C) THE MEDICAL HISTORY AND CONTACT PREFERENCE FORMS DESCRIBED IN THIS
   42  SUBDIVISION ARE CONFIDENTIAL COMMUNICATIONS FROM THE BIRTH PARENT TO THE
   43  PERSON  NAMED  ON THE CONFIDENTIAL LONG-FORM BIRTH CERTIFICATE AND SHALL
   44  BE PLACED IN SEPARATE SEALED  ENVELOPES  UPON  RECEIPT  FROM  THE  BIRTH
   45  PARENT.    THE  SEALED ENVELOPES SHALL BE MATCHED WITH AND PLACED IN THE
   46  FILE CONTAINING THE CONFIDENTIAL ORIGINAL LONG-FORM  BIRTH  CERTIFICATE.
   47  SUCH SEALED ENVELOPES CONTAINING THE CONTACT PREFERENCE FORM AND MEDICAL
   48  HISTORY  FORM  SHALL  BE  RELEASED  TO  A PERSON AUTHORIZED TO RECEIVE A
   49  CERTIFIED COPY OF HIS OR HER ORIGINAL LONG-FORM BIRTH CERTIFICATE PURSU-
   50  ANT TO THIS SECTION.
   51    (D) THE CONTACT PREFERENCE AND MEDICAL HISTORY FORMS DESCRIBED IN THIS
   52  SUBDIVISION ARE PRIVATE COMMUNICATIONS FROM  THE  BIRTH  PARENT  TO  THE
   53  PERSON NAMED ON THE SEALED BIRTH CERTIFICATE AND NO COPIES OF SUCH FORMS
   54  SHALL  BE  RETAINED BY THE DEPARTMENT. WHERE ONLY A MEDICAL HISTORY FORM
   55  IS REQUESTED, THE CERTIFIED COPY OF THE LONG-FORM BIRTH CERTIFICATE  AND
       A. 3298                             3
    1  CONTACT PREFERENCE FORMS SHALL NOT BE PROVIDED, BUT MAY BE REQUESTED AND
    2  PROVIDED AT A LATER DATE.
    3    6.  THE  DEPARTMENT  SHALL DEVELOP AN AFFIRMATIVE INFORMATION CAMPAIGN
    4  AND WIDELY DISSEMINATE TO THE PUBLIC, THOUGH ITS WEBSITE, PUBLIC SERVICE
    5  ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES AND THROUGH  MULTI-
    6  PLE  OUTLETS,  INFORMATION  CONCERNING  THE  PROVISIONS OF THIS SECTION,
    7  INCLUDING BUT NOT LIMITED TO THE MEANS  BY  WHICH  A  BIRTH  PARENT  MAY
    8  CONFIRM  THAT  HE  OR  SHE  WISHES  TO MAINTAIN THE CONFIDENTIALITY OF A
    9  LONG-FORM BIRTH CERTIFICATE HELD BY THE DEPARTMENT IN WHICH  SUCH  BIRTH
   10  PARENT  IS  NAMED,  AND  BY  WHICH SUCH BIRTH PARENT MAY WITHDRAW SUCH A
   11  CONFIRMATION.
   12    S 2. This act shall take effect on the first of January next  succeed-
   13  ing  the  date  on  which it shall have become a law, provided, however,
   14  that, effective immediately, the commissioner of health is authorized to
   15  promulgate such rules and regulations as may be necessary to  carry  out
   16  the provisions of this act.