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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10179
                                 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
       AN ACT to amend the domestic relations law and the public health law, in
         relation to adoptions from a foreign country
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    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
   28  foreign adoption of a child pursuant to section one hundred eleven-c  of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15732-01-2
       A. 10179                            2
    1  the  domestic  relations  law has been reported to the commissioner, the
    2  commissioner shall file a birth certificate for the child provided there
    3  is no other birth certificate or other birth record on file  other  than
    4  in  the  country where such child was born and provided, further, that a
    5  certificate of birth data does not exist for  that  person.  Such  birth
    6  certificate  shall  be  filed  upon  receipt of: proof that the adoptive
    7  parent was a resident of this state at the time of adoption; a  copy  of
    8  the adoption documents of the jurisdiction or country in which the child
    9  was  adopted; a certified translation of the foreign adoption documents,
   10  evidence of the date and place of the child's  birth;  and  evidence  of
   11  IR-3  [or  IR-4  immigrant  visa status], IH-3, or a successor immigrant
   12  visa status. The birth certificate shall include the child's name,  sex,
   13  date  of birth, time of birth, place of birth, mother's maiden name, and
   14  father's name. A birth certificate for a foreign country adoption  which
   15  has  been  filed  by  a local registrar and all supporting documentation
   16  shall be submitted by the local registrar to the commissioner who  shall
   17  file a new birth certificate pursuant to this section.
   18    S 4. This act shall take effect immediately.