Wednesday, March 9, 2011

NY bill summary-bill has a contact preference

Bill Summary- A2003/S1438 An act to amend the health law and domestic

relations law in relation to enacting the bill of adoptee rights. The public health law is amended by adding a new section 4138-e

The legislature hereby states its intention to acknowledge, support and encourage the life-long health and well-being needs of adults who have been and will be adopted in the state of New York. The legislature further recognizes that the denial of access to accurate and complete medical and self-identifying data of any adopted person, known and willfully withheld by others, may result in that person succumbing to preventable disease, premature death or otherwise unhealthy life, is a violation of that person’s human rights and is contrary to the tenets of governance. As such, the provisions of this section seeks to establish considerations under the law for adopted persons equal to such considerations permitted by law to all non-adopted persons. This section does so while providing for the need of privacy for that adopted person and his or her birth and adoptive families. Allows all adoptees when they reach the age of eighteen the ability to receive a non certified copy of his or her original birth certificate provided they have proper identification and pay a nominal fee,and to receive an updated medical history form submitted to the health department by the birth parent, if available. The medical history form shall be prescribed by the Health Department.

A birth parent may at any time request a contact preference form that shall
accompany a birth certificate issued under this title. The contact preference form shall provide the following information to be completed at the option of the birth parent.

(A) I would like to be contacted

(B) I would prefer to be contacted only through an intermediary

(C) I have completed a medical history form and have filed it with the department

(D) Please do not contact me. If I decide later that I would like to be contacted, I will submit an updated contact preference form with the department.

The sealed envelope containing the contact preference form and the medical history

form may be released to the person requesting his or her own original birth

certificate under this title. The contact preference form and the medical history

form are private communications from the birth parent to the person named on the

sealedbirth certificate and no copies shall be retained by the department. Where

only a medical history form is requested the birth certificate and the contact

preferenc form shall not be sent., but may be requested at a later date.

When it shall be impossible through good-faith efforts to provide a copy of the birth

certificate (as in the case of an adopted person born outside of, but adopted within the

state of New York), the adopted person shall have the right to secure from a court of

competent jurisdiction or the adoption agency true and correct identifying information.

This act shall tack effect on the first of January next succeeding the date on which it

shall become a law, provided however, that effective immediately the commissioner of

health is directed to promulgate such rules and regulations .

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