N.Y. Public Health Law § 4138-b: Birth certificate: foreign adoption

§ 4138-b. Birth certificate: foreign adoption. 1. Whenever the

finalization of a foreign adoption or recognition of a foreign adoption

of a person of any age pursuant to section one hundred eleven-c of the

domestic relations law, or the adoption of a foreign-born person of any

age at the time of adoption has been reported to the commissioner, the

commissioner shall file a birth certificate for the adopted person

provided there is no other birth certificate or other birth record on

file other than in the country where such person was born and provided,

further, that a certificate of birth data does not exist for that

person. Such birth certificate shall be filed upon receipt of: proof

that the adoptive parent was a resident of this state at the time of

adoption or that the adoptee was lawfully adopted within the State of

New York; if the adoptee was adopted in a foreign country or

jurisdiction, a copy of the adoption documents of the jurisdiction or

country in which the person was adopted; a certified translation of the

foreign adoption documents, evidence of the date and place of the

adopted person's birth; and evidence of IR-3, IR-4 or IH-3 immigrant

visa status or a successor immigrant visa status. The birth certificate

shall include the adopted person's name, sex, date of birth, time of

birth, place of birth, mother's maiden name, and father's name. A birth

certificate issued pursuant to this section which has been filed by a

local registrar and all supporting documentation shall be submitted by

the local registrar to the commissioner who shall file a new birth

certificate pursuant to this section.

2. A petitioner may submit an attorney certified copy of the adoptee's

foreign birth certificate, or similar confirmation of birth, and

adoption decree, and copies of attorney certified translations of the

foreign documentation in connection with the finalization of a foreign

adoption or recognition of a foreign adoption pursuant to section one

hundred eleven-c of the domestic relations law.

3. This provision shall be deemed retroactive so that an adopted

person who was adopted in accordance with this section prior to the

effective date hereof may obtain, upon application, a birth certificate

pursuant to this section.