Bill Text: NY A10179 | 2011-2012 | General Assembly | Amended

Bill Title: Relates to adoptions from a foreign country.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-08-17 - signed chap.395 [A10179 Detail]

Download: New_York-2011-A10179-Amended.html
                           S T A T E   O F   N E W   Y O R K
                                 I N  A S S E M B L Y
                                     May 10, 2012
       Introduced by M. of A. LAVINE -- read once and referred to the Committee
         on  Judiciary -- committee discharged, bill amended, ordered reprinted
         as amended and recommitted to said committee
       AN ACT to amend the domestic relations law and the public health law, in
         relation to adoptions from a foreign country
    1    Section  1.  Paragraph  (b)  of  subdivision 1 of section 111-c of the
    2  domestic relations law, as added by chapter 329 of the laws of 2008,  is
    3  amended to read as follows:
    4    (b)  the  validity  of  the  foreign adoption has been verified by the
    5  granting of an IR-3 [immigrant visa], IH-3,  or  a  successor  immigrant
    6  visa,  for  the  child  by the United States Citizenship and Immigration
    7  Services.
    8    S 2. Subdivision 3 of section 111-c of the domestic relations law,  as
    9  added by chapter 329 of the laws of 2008, is amended to read as follows:
   10    3.  Either  adoptive  parent  or a guardian or a guardian ad litem may
   11  register the order in this state with the  judge  or  surrogate  of  the
   12  county  in  which  the adoptive parent or parents reside. A petition for
   13  registration of a foreign adoption order may be combined with a petition
   14  for a name change. If the court finds that the  foreign  adoption  order
   15  meets  the  requirements  of  subdivision one of this section, the court
   16  shall issue a finding as to aspects of the foreign adoption, to wit, the
   17  names of the adoptive parents, the name or names and reported birth date
   18  of the adoptive child, the country of the adoptive  child's  birth,  the
   19  country and the date of the foreign adoption, the state residency of the
   20  adoptive  parent  or parents and adoptive child, and a finding as to the
   21  date and issuance of an IR-3, IH-3, OR A SUCCESSOR immigrant visa;  and,
   22  the  court  shall  issue an order of adoption to the party who has peti-
   23  tioned for such an order.
   24    S 3. Section 4138-b of the public health law, as  amended  by  chapter
   25  181 of the laws of 2010, is amended to read as follows:
   26    S  4138-b.  Birth  certificate: foreign country adoption. Whenever the
   27  adoption or finalization of a  foreign  adoption  or  recognition  of  a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
       A. 10179--A                         2
    1  foreign  adoption of a child pursuant to section one hundred eleven-c of
    2  the domestic relations law has been reported to  the  commissioner,  the
    3  commissioner shall file a birth certificate for the child provided there
    4  is  no  other birth certificate or other birth record on file other than
    5  in the country where such child was born and provided, further,  that  a
    6  certificate  of  birth  data  does not exist for that person. Such birth
    7  certificate shall be filed upon receipt  of:  proof  that  the  adoptive
    8  parent  was  a resident of this state at the time of adoption; a copy of
    9  the adoption documents of the jurisdiction or country in which the child
   10  was adopted; a certified translation of the foreign adoption  documents,
   11  evidence  of  the  date  and place of the child's birth; and evidence of
   12  IR-3 [or], IR-4 OR IH-3 immigrant visa status or a  successor  immigrant
   13  visa  status. The birth certificate shall include the child's name, sex,
   14  date of birth, time of birth, place of birth, mother's maiden name,  and
   15  father's  name. A birth certificate for a foreign country adoption which
   16  has been filed by a local registrar  and  all  supporting  documentation
   17  shall  be submitted by the local registrar to the commissioner who shall
   18  file a new birth certificate pursuant to this section.
   19    S 4. This act shall take effect immediately.