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

§  4138-d.  Mutual  consent  voluntary  adoption registry. 1. A mutual consent voluntary adoption registry may be established and maintained by each authorized agency involved in  an  adoption.  Persons  eligible  to receive  identifying information may work through the agency involved in the adoption.  If  that  agency  has  merged  or  ceased  operations,  a successor  agency  which  has the files pertaining to adoptions in which the ceased or merged agency was involved may establish  and  maintain  a mutual  consent  voluntary adoption registry concerning those adoptions. Any authorized agency which establishes and maintains a  mutual  consent voluntary  adoption  registry  pursuant to this section shall notify the department of the name and address of such agency,  together  with  such other information the department may require.   2.  The  agency  shall  accept, at any time, and maintain the verified registration of the birth parents of an adoptee. The agency shall accept and  maintain  the  verified  registration  of  an  adoptee  or  of  the biological sibling of an adoptee if such adoptee was born in this state, or  was  born  in  any  other  state within the United States, or in the District of Columbia, and his  or  her  adoption  occurred  within  this state, no sooner than eighteen years after the adoptee's birth or in the case  of  a  biological sibling registrant, no sooner than the longer of eighteen years after the birth of the adoptee or  eighteen  years  after the  birth  of the biological sibling; provided however, that any person whose registration was accepted may withdraw such registration prior  to the release of any identifying information.   3.  Upon  acceptance  of  a registration pursuant to this section, the agency shall search the records of the agency to determine  whether  the agency was involved in such adoption.  (a)  If the agency determines that the agency was not involved in such adoption, it shall notify the registrant that no record  exists  of  the adoption   and   refer  the  registrant  to  the  department's  adoption information registry operated  pursuant  to  section  forty-one  hundred thirty-eight-c of this title.  (b)  If  the  agency  determines  that the agency was involved in such adoption, it shall transmit the registration to the adoption information registry operated by the department and the  agency  shall  release  the non-identifying  information,  as  defined  in section forty-one hundred thirty-eight-c of this title, to the adopted person.   4. Upon acceptance of a registration pursuant  to  this  section,  the department  shall  search  the  records  of  the department to determine whether the adoptee's adoption occurred within the state. The department shall establish an authorized agency fee schedule for search  costs  and registry costs of an authorized agency.  (a)  If  the  department  determines  that  there  is  a corresponding registration for the adoptee, for either of the birth parents and/or for a biological sibling of the adoptee, it shall notify the  court  wherein the  adoption occurred and the department shall notify the agency that a corresponding match has been made. The  agency  shall  notify  all  such registrants  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 agency which shall notify the registering person that no corresponding match has been made. The agency shall  not  solicit  or  request  the  consent  of  the non-registered person or persons.   5.  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  agency shall  release  identifying information about the consenting registrants  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) Any employee of the 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 existence of the adoption information registry.  (b)  Any person who unlawfully discloses any information in the mutual consent voluntary adoption  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  mutual consent  voluntary  adoption  registry shall be subject to dismissal for such violation.   7.  Upon  receipt  of  identifying  information  from  the  department pursuant  to  section  four  thousand one hundred thirty-eight-c of this article, the agency shall promptly release  identifying  information  to all  the  registrants.  Such identifying information shall be limited to the names and addresses of the registrants and  shall  not  include  any other  information  contained  in the adoption or birth records or other records maintained by the agency. However, nothing in this section shall be construed to prevent the release of  adoption  records  as  otherwise permitted by law.   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.