2023 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.