2023 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  of  registrant  or  parent; gender transition of registrant or
parent. 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; or
(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.
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.