N.Y. Public Health Law § 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.