NY Pub Health L § 4138-C (2021)
2021 New York Laws PBH - Public Health Article 41 - Vital Statistics Title 3 - Registration of Births 4138-C - Adoption Information Registry.

§ 4138-c. Adoption information registry. 1. There shall be established in the department an adoption information registry operated by employees of the department specifically designated by the commissioner. Access to all  records  and  information  in the registry shall be limited to such designated employees and such records  and  information  shall  be  kept strictly  confidential  except  as  specifically  authorized by law. The commissioner shall establish rules and procedures designed to keep  such records  and  information  separate  and apart from other records of the department and kept in  a  manner  where  access  to  such  records  and information  is  strictly limited to such designated employees and shall promulgate regulations designed  to  effectuate  the  purposes  of  this section.  Notwithstanding  any  inconsistent  provision  of the domestic relations law or any other law to the contrary, the  commissioner  shall have  access  to  the  information authorized to be released pursuant to this section contained in birth and  adoption  records  of  any  agency, court  or  department  having  appropriate records which will enable the commissioner to effectuate the purposes of this section and may  require the  cooperation  of  such  agency, court or department in providing the information  authorized  to  be  released  pursuant  to  this   section, provided,  however,  that  the commissioner shall not have access to the actual adoption records of any agency, court or  department  maintaining such records.   1-a.  For the purposes of this section, "adoptee" shall include: those persons born in this state, and those persons born in  any  other  state within  the  United States or in the District of Columbia whose adoption occurred within this state.   2. Upon application for registration by an adoptee not  born  in  this state,  or  by  a birth parent or biological sibling of such an adoptee, the department shall, to the extent practicable, determine  whether  the adoptee's  adoption  occurred  within  this  state.  If  the  department determines that the  adoption  occurred  within  this  state,  it  shall register  the  applicant  if  he  or she is otherwise qualified and make appropriate notifications pursuant to subdivision four of this  section. The  registry  shall  accept,  at  any  time,  and maintain the verified registration transmitted by an  agency  pursuant  to  section  forty-one hundred  thirty-eight-d  of  this  title,  or of the birth parents of an adoptee who was born in this state. The registry  shall  neither  accept nor  maintain  the registration of an adoptee sooner than eighteen years after the  adoptee's  birth,  or  in  the  case  of  registration  by  a biological  sibling of an adoptee, no sooner than the longer of eighteen years after the biological sibling's birth or eighteen years  after  the adoptee's birth. Any person whose registration was accepted may withdraw such  registration  prior to the release of any identifying information. The adoptee registrant, and the  biological  sibling  registrant,  shall include  as  part  of the registration the identification, including the name and address, of known  biological  siblings  of  the  adoptee.  The adoptee may upon registration, or any time thereafter, elect not to have release  of  information  by  the  authorized  agency  involved  in such adoption. The  department  shall  establish  an  authorized  agency  fee schedule  for  search  costs and registry costs and services provided by such agency in gathering and forwarding  information  pursuant  to  this section.  The  fee  schedule  may  also  include costs for disseminating information about the registry  and  the  adoption  medical  information sub-registry  to  the public. Such publications or brochures may include information as to identifying and non-identifying  information,  how  to register  and fees charged to the registrants, and any other information deemed appropriate.    3. For  the  purposes  of  this  section,  the  term  "non-identifying information"  shall  only  include  the following information, if known, concerning the adoptee, parents and biological siblings of an adoptee:  (a) Age of the parents in years, at birth of such adoptee.  (b)  Heritage  of the parents, which shall include nationality, ethnic background and race.  (c) Education, which shall be the number of years of school  completed by the parents at the time of birth of such adoptee.  (d)  General  physical  appearance  of  the parents at the time of the birth of such adoptee, which shall  include  height,  weight,  color  of hair, eyes, skin and other information of similar nature.  (e) Religion of parents.  (f) Occupation of parents.  (g) Health history of parents.  (h) Talents, hobbies and special interests of parents.  (i)  Facts  and  circumstances relating to the nature and cause of the adoption.  (j) Name of the authorized agency involved in such adoption.  (k) The existence of any known biological siblings.  (l) The number, sex and age, at the time of the adoptee's adoption, of any known biological siblings.   4. Upon acceptance of a registration of an adoptee born in this state, or by a birth parent or biological sibling of such adoptee, pursuant  to this  section, the department shall search the records of the department to determine whether the adoptee's adoption occurred within this  state. After  making  a determination, to the extent practicable, as to whether an adoptee's adoption occurred within this state pursuant to subdivision two of this section, or upon completing a search of the records pursuant to this subdivision:  (a) If the department determines that  the  adoption  occurred  within this  state,  it shall notify the court wherein the adoption occurred to submit to the department non-identifying information as may be contained in the records of the court and the names of the birth  parents  of  the adoptee.    Notwithstanding  any other provision of law to the contrary, the court shall thereupon transmit  to  the  department  non-identifying information  as  may  be  contained in the records of the court, and the names of the birth parents of the adoptee, provided that, if  the  court determines  from  its  records  that the adoption was from an authorized agency, the court shall submit to  the  department  only  the  name  and address  of such authorized agency and the names of the birth parents of the adoptee. In such cases, unless the  adoptee  registrant  shall  have elected  otherwise,  the  department  shall notify the authorized agency whose name was provided by the court to release promptly to the  adoptee all  non-identifying  information  as  may  be  contained  in the agency records.     Such  agency  shall   thereafter   promptly   release   the non-identifying  information  to  the adoptee registrant. If the adoptee registrant shall have elected not to have the  information  released  to him or her by the authorized agency, the agency shall submit promptly to the  department  all  non-identifying information as may be contained in the agency records. In any case where the agency records are incomplete, no longer exist or are otherwise unavailable, the  department  shall  so notify  the  court.  The  court  shall  thereupon  promptly  submit such non-identifying information as may be contained in their records. If  no authorized  agency  was involved or if the adoptee registrant shall have elected not to have release of  information  by  the  authorized  agency involved   in   such   adoption,   the   department  shall  release  the non-identifying information to the adoptee  registrant.  The  department and/or   an   authorized   agency   may   restrict  the  nature  of  the  non-identifying information released pursuant to  this  section  upon  a reasonable   determination   that  disclosure  of  such  non-identifying information would not be in  the  adoptee's,  biological  sibling's,  or parent's best interest.  (b)  If  the  department  determines  that  the adoption did not occur within the state, it shall notify the adoptee registrant that no  record exists of the adoption occurring within the state.   5.  Upon  acceptance  of  a registration pursuant to this section, the department shall search the registry to determine whether  the  adoptee, any  biological  sibling of the adoptee, or birth parents of the adoptee is also registered.  (a) If the department determines the adoptee is not in contact with  a biological  sibling  under  the  age  of  eighteen  and  that there is a corresponding registration for the adoptee,  for  either  of  the  birth parents,  and/or  for the biological sibling registrant, it shall notify the court wherein the adoption occurred and the department shall  notify all  such  persons  that a corresponding match has been made and request such persons' final consent to the release of identifying information.  (b) If the  department  determines  that  there  is  no  corresponding registration  for  the  adoptee, for either of the birth parents, and/or for a biological sibling of the adoptee, it shall notify the registering person that no corresponding match has been made. The  department  shall not  solicit  or  request  the  consent  of the non-registered person or persons.   6. Upon receipt of a final consent by the adoptee, by  either  of  the birth  parents,  and/or  by  a  biological  sibling  of the adoptee, the department shall, unless the adoptee or  biological  sibling  registrant shall  elect  otherwise,  if  an  authorized agency was involved in such adoption, release identifying information to such  agency;  such  agency shall  thereafter  promptly  release  identifying  information about the consenting registrants to the consenting registrants. If  no  authorized agency was involved, or if any registrant shall have elected not to have release  of  the  information  by the authorized agency involved in such adoption the department shall release  identifying  information  to  the consenting registrants. Such identifying information shall be limited to the  names  and  addresses  of  the consenting registrants and shall not include any  other  information  contained  in  the  adoption  or  birth records.  However, nothing in this section shall be construed to prevent the release of adoption records as otherwise permitted by law.   6-a. (a) There shall  be  established  in  the  registry  an  adoption medical  information sub-registry. Access to all identifying records and information  in  the  sub-registry  shall  be  subject   to   the   same restrictions as the adoption information registry.  (b)  The department shall establish procedures by which a birth parent may provide medical information to the sub-registry,  and  by  which  an adoptee  aged  eighteen  years  or  older  or the adoptive parents of an adoptee who has not attained the age of eighteen years may  access  such medical information.  (c)  A  birth  parent  may  provide  the  adoption medical information sub-registry with certified medical information. Such certified  medical information  must  include  other  information  sufficient to locate the adoptee's birth record.  (d)  Upon  receipt  from  the  birth  parent  of   certified   medical information and other information needed to identify the adopted person, the  department  shall,  to  the  extent  practicable,  determine if the adoptee was adopted in New York state. If the adoptee was adopted in New York state, the department shall register such information and determine if the adoptee or adoptive parent of the  adoptee  is  registered.  Upon  such  determination,  the  department  shall release the non-identifying medical information only to an adoptee, aged eighteen years or older, or adoptive parent of an adoptee who has not attained the age  of  eighteen years.  (e)  Upon  receipt from an adoptee aged eighteen years or older or the parent of an adoptee of a registration, the  department  shall,  to  the extent  practicable,  determine  if  the adoptee was adopted in New York state. If the adoptee was adopted in  New  York  state,  the  department shall  search  its  records  for  medical  information  provided  by the adoptee's birth parent.  If  such  medical  information  is  found,  the department  shall  release the non-identifying medical information only, to an adoptee, aged eighteen years or older, or adoptive  parent  of  an adoptee who has not attained the age of eighteen years.  (f)  The  department  shall  not  solicit  or request the provision of medical information from a  birth  parent  or  the  registration  by  an adoptee or parent of an adoptee.  (g)  A  fee  shall  not  be required from a birth parent for providing health information.   7. (a) Any employee of the department or any employee of an authorized agency who solicits or causes another to solicit a registration for  the purposes of this section, except as otherwise permitted by law, shall be guilty  of a misdemeanor, provided, however, that solicitation shall not include disclosure of the adoption information registry.  (b) Any  person  who  unlawfully  discloses  any  information  in  the adoption information registry shall be guilty of a class A misdemeanor.  (c)   Notwithstanding   any  other  provision,  any  employee  of  the department who unlawfully discloses  any  information  in  the  adoption information registry shall be subject to dismissal for such violation.   8. For purposes of this section: "authorized agency" or "agency" means an authorized agency as defined in paragraphs (a) and (b) of subdivision ten of section three hundred seventy-one of the social services law.   10.  The  commissioner  is directed to develop an adoption information registry birth parent registration consent form to be completed  at  the time  of  surrender  or  consent  to  adoption.  Such form shall include check-off boxes to be appropriately marked by the biological  parent  or parents  whose consent is necessary for the relinquishment of such child indicating whether or  not  such  parent  consents  to  the  receipt  of identifying  information by the child to be adopted. A copy of such form shall be sent to the department with copies of the original and  amended birth  certificates. Such form shall state that it is the responsibility of the birth parent to update the registry with any changes  in  contact information.  The  form shall additionally advise the biological parents of the adoption medical information sub-registry and the  procedures  by which   a   birth   parent   may  provide  medical  information  to  the sub-registry. Notwithstanding any inconsistent provision of law  to  the contrary,  the  commissioner  is  directed  to  develop  any  rules  and regulations necessary to expedite the transfer of information  from  any agency, court or department necessary to implement this subdivision.   11.  Upon  receipt  of  the adoption information registry birth parent registration consent form required by section two hundred fifty-four  of the  judiciary  law,  the commissioner of health of the city of New York shall forward a copy of such consent form, copies of the original  birth certificate,   the   amended   birth  certificate  and  a  copy  of  the notification of adoption to the adoption information registry maintained in accordance with this section.