NY Pub Health L § 4138 (2021)
2021 New York Laws PBH - Public Health Article 41 - Vital Statistics Title 3 - Registration of Births 4138 - Birth Certificate; New Certificate in Case of Subsequent Marriage of Unwed Parents; Adoption; Adjudication of Parentage; Change of Name of Registrant or Parent; Gender Transition of Registrant or Parent.

§  4138.  * Birth  certificate;  new certificate in case of subsequent marriage of unwed parents; adoption; adjudication of  parentage;  change of name.   * NB Effective until December 21, 2021   * Birth certificate; new certificate in case of subsequent marriage of unwed  parents;  adoption;  adjudication of parentage; change of name of registrant or parent; gender transition of registrant or parent.   * NB Effective December 21, 2021 1. A new certificate of birth shall be made whenever:  (a) proof is submitted to the commissioner that the  previously  unwed parents  of  a  person have intermarried subsequent to the birth of such person; or,  (b) notification is received by, or proper proof is submitted to,  the commissioner  from  or by the clerk of a court of competent jurisdiction or the parents,  or  their  attorneys,  or  the  person  himself,  of  a judgment, order or decree relating to the parentage; or,  (c)  notification is received by, or proper proof is submitted to, the commissioner from or by the clerk as aforesaid of a judgment,  order  or decree  relating to the adoption of such person. Such judgment, order or decree  shall  also  be  sufficient  authority  to  make  a  new   birth certificate  with  conforming  change  in the name of such person on the birth certificate of any of such person's  children  under  the  age  of eighteen  years  whose  record  of  birth is on file in the state health department; or,  (d) proper proof is submitted to the commissioner by the  parents,  or their  attorneys,  or the person himself or his attorney, of a judgment, order or decree relating to a change of  name  granted  by  a  court  of competent  jurisdiction.  Such  judgment,  order or decree shall also be sufficient authority to make a new  birth  certificate  with  conforming change  in  surname  for  any of such person's children under the age of eighteen years whose record of birth is on  file  in  the  state  health department; or,   * (e)  the  certificate  of  birth  of  a child born out of wedlock as defined in paragraph (b) of subdivision one of section four thousand one hundred thirty-five of this article has been filed without entry of  the name  of  the  signatory  other  than  the person who gave birth and the commissioner  thereafter  receives  the  acknowledgment   of   parentage pursuant  to  section one hundred eleven-k of the social services law or section four thousand one hundred thirty-five-b of this article executed by the person who gave birth and the other  signatory  which  authorizes the  entry  of  the  name  of  such  other signatory, and which may also authorize a conforming change in the surname of the child.   * NB Effective until December 21, 2021   * (e) the certificate of birth of a  child  born  out  of  wedlock  as defined in paragraph (b) of subdivision one of section four thousand one hundred  thirty-five of this article has been filed without entry of the name of the signatory other than the  person  who  gave  birth  and  the commissioner   thereafter   receives  the  acknowledgment  of  parentage pursuant to section one hundred eleven-k of the social services  law  or section four thousand one hundred thirty-five-b of this article executed by  the  person  who gave birth and the other signatory which authorizes the entry of the name of  such  other  signatory,  and  which  may  also authorize a conforming change in the surname of the child; or   * NB Effective December 21, 2021   * (f)  any person born in New York state who submits an application to change the gender on the birth certificate and  an  affidavit  attesting under  penalty  of  perjury  that  the request for a change of gender to (female, male, or X) is to conform the person's documents and records to  the person's gender identity and is not made for any fraudulent purpose. A sex designation of X shall not be a required sex  designation  of  any individual.  Upon  receipt  of the documentation, the commissioner shall establish  a  new  birth certificate reflecting the gender stated in the application and any change in name, if accompanied by a court order  for a  change  of  name.  If  such application is made on behalf of a person younger than seventeen, such affidavit shall be signed by  the  person's parent,  legal  guardian,  mental  health or medical provider, or social services provider.   * NB Effective December 21, 2021   2. (a) On every  new  certificate  of  birth  made  pursuant  to  this section,  a  notation that it is filed pursuant to section four thousand one hundred thirty-eight of the  public  health  law  shall  be  entered thereon.  Notwithstanding other provisions of this article, when a child is  adopted  by an unmarried man or woman, the new certificate shall, if the adopting parent so requests, reflect the fact that it  is  a  single parent adoption.  (b)  Notwithstanding other provisions of this article, when a petition for adoption by two  persons  has  been  duly  filed,  and  one  of  the petitioners   dies  before  the  adoption  is  complete,  such  deceased petitioner's name shall be included on the new certificate as a  parent, if  such  adoption is completed, unless otherwise requested by the other petitioner.  (c) If the original certificate of birth contains fictitious names  of either  or  both  parents, a new certificate shall not be prepared until notification is received by,  or  proper  proof  is  submitted  to,  the commissioner  by  the  clerk of a court of competent jurisdiction or the parents or their attorney, or the person himself, or his attorney, of  a judgment, order or decree relating to parentage.   3.  (a) When a new certificate of birth is made the commissioner shall substitute such new certificate for the certificate  of  birth  then  on file,  if any, and shall send the registrar of the district in which the birth occurred a copy of the new certificate  of  birth.  The  registrar shall  make  a copy of the new certificate for the local record and hold the contents of the original local record confidential  along  with  all papers  and  copies  pertaining  thereto.  It  shall  not be released or otherwise divulged except by order of a court of competent  jurisdiction or  pursuant to section four thousand one hundred thirty-eight-e of this title.  (b) Thereafter, when a verified transcript or certification  of  birth of  such  person  is issued by the registrar, it shall be based upon the new  certificate,  except  when  an  order  of  a  court  of   competent jurisdiction  shall  require  the  issuance  of a verified transcript or certification  based  upon  the  original  local  record  of  birth   or application  is  made  pursuant  to  section  four  thousand one hundred thirty-eight-e of this title.   4. The commissioner may make a microfilm or other suitable copy of the original certificate of birth and  all  papers  pertaining  to  the  new certificate of birth. In such event, the original certificate and papers may  be  destroyed.  All  undestroyed certificates and papers and copies thereof shall be confidential and the  contents  thereof  shall  not  be released  or  otherwise divulged except by order of a court of competent jurisdiction or pursuant to section  forty-one  hundred  thirty-eight-c, forty-one  hundred thirty-eight-d or forty-one hundred thirty-eight-e of this title.   5. Thereafter, when a certified copy or certified  transcript  of  the certificate  of  birth of such a person, or a certification of birth for such person is issued, it shall be based upon  the  new  certificate  of  birth,  except  when an order of a court of competent jurisdiction shall require the issuance of a copy of the original certificate of  birth  or application  is  made  pursuant  to  section  four  thousand one hundred thirty-eight-e of this title.   6.  When  the  commissioner shall receive proper proof or notification pursuant to paragraphs (a), (b), or  (c)  of  subdivision  one  of  this section  relating  to  a  person  born outside this state, such proof or notification  shall  be  forwarded  to  the   appropriate   registration authority for the place of birth.   7.  Whenever  the  commissioner  makes a new birth certificate for any person pursuant to the provisions of subdivision one of this section, he shall forward to such person, if eighteen years of age or  more,  or  to the  parents of such person, a certified copy, a certified transcript or a certification of birth,  whichever  he  deems  appropriate  under  the circumstances, without making any charge therefor.   8.  An  adopted  person  eighteen  years of age or older, or the birth parent or parents, may submit to the registrar a  notice  of  change  of name  and/or  address  and  such  information  shall  be attached to the original birth certificate of the adopted person.