Bill Text: NY S02939 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to disclosure of information relating to natural siblings of adopted persons.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S02939 Detail]

Download: New_York-2017-S02939-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          2939
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 18, 2017
                                       ___________
        Introduced  by  Sens. LAVALLE, AVELLA -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Children  and
          Families
        AN ACT to amend the domestic relations law, in relation to disclosure of
          information relating to natural siblings of adopted persons
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The domestic relations law  is  amended  by  adding  a  new
     2  section 114-a to read as follows:
     3    §  114-a.  Records  of  adopted  natural siblings. Notwithstanding the
     4  foregoing or any other inconsistent provisions of law, a justice, surro-
     5  gate or judge of the court in which  the  order  of  adoption  was  made
     6  shall, upon written ex parte application by a person at least twenty-one
     7  years  of  age  who, as a child, had been legally adopted grant an order
     8  directing the clerk of the court who is custodian of the papers, records
     9  or files pertaining to such adoption to submit them  to  the  court  for
    10  physical  unsealing  to  permit in camera review, by the court alone, of
    11  the information contained therein on the identification  of  the  appli-
    12  cant's  adopted  natural sibling or siblings.  Prior to such review, the
    13  court shall send a letter to the last known  addresses  of  the  adopted
    14  natural  brothers  or sisters over twenty-one years of age of the appli-
    15  cant stating that an adopted natural sibling is  attempting  to  contact
    16  them.  The letter shall contain a method for the adopted natural brother
    17  or sister to consent  or  reject  such  contact.  The  consent  must  be
    18  received  by  the  court  within  one  hundred  twenty  days in order to
    19  proceed. Upon receiving consent from the natural brother or  sister  and
    20  the  review  of  the records have concluded that disclosure would not in
    21  any way reveal the name or names of the natural parent or  parents,  the
    22  court  shall disclose to the applicant for the order of review the names
    23  and all last known addresses of the natural brothers  and  sisters  over
    24  the age of twenty-one of the child who was adopted, and the clerk of the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07799-01-7
        S. 2939                             2
     1  court  shall reseal and return the papers, records or files to the clerk
     2  of the court re-filing thereof. If contact has been denied,  the  appli-
     3  cant  may  not  reapply  to  the  court to obtain records of the natural
     4  brother  or  sister  who  explicitly  rejected contact. An applicant may
     5  reapply, no sooner than one year after  the  previous  application,  for
     6  such  records  if  the  natural brother or sister did not respond to the
     7  letter of consent.
     8    § 2. This act shall take effect on the ninetieth day  after  it  shall
     9  have become a law.