Bill Text: NY S08605 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Provides that consenting registrants of the adoption information registry may pre-authorize the release of identifying information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-21 - REFERRED TO HEALTH [S08605 Detail]

Download: New_York-2023-S08605-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8605

                    IN SENATE

                                    February 21, 2024
                                       ___________

        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation  to  the  release  of
          identifying  information  of  consenting registrants from the adoption
          registry

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 6 of section 4138-c of the public health law,
     2  as amended by chapter 181 of the laws of 2010, is  amended  to  read  as
     3  follows:
     4    6.  Upon  receipt  of a final consent or if given pre-authorization on
     5  the appropriate form by the adoptee, by either  of  the  birth  parents,
     6  and/or  by  a  biological  sibling of the adoptee, the department shall,
     7  unless the adoptee or biological sibling registrant shall  elect  other-
     8  wise,  if  an  authorized  agency was involved in such adoption, release
     9  identifying information to such agency;  such  agency  shall  thereafter
    10  promptly  release  identifying  information  about the consenting regis-
    11  trants to the  consenting  registrants.  If  no  authorized  agency  was
    12  involved, or if any registrant shall have elected not to have release of
    13  the  information  by the authorized agency involved in such adoption the
    14  department shall  release  identifying  information  to  the  consenting
    15  registrants.  Such identifying information shall be limited to the names
    16  and addresses of the consenting registrants and shall  not  include  any
    17  other  information  contained in the adoption or birth records. However,
    18  nothing in this section shall be construed to  prevent  the  release  of
    19  adoption records as otherwise permitted by law.
    20    §  2.  Section 206 of the public health law is amended by adding a new
    21  subdivision 32 to read as follows:
    22    32. The commissioner shall promulgate rules and  regulations  for  the
    23  creation of a pre-authorization form to be used by an adoptee, either of
    24  the birth parents, and/or a biological sibling to consent to the release
    25  of the consenting registrants' identifying information to the consenting
    26  registrants.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13810-01-3
        S. 8605                             2

     1    §  3.  This  act shall take effect on the thirtieth day after it shall
     2  have become a law. Effective immediately, the addition, amendment and/or
     3  repeal of any rule or regulation necessary  for  the  implementation  of
     4  this  act  on its effective date are authorized to be made and completed
     5  on or before such effective date.