N.Y. Public Health Law § 4138-d: Mutual consent voluntary adoption registry

§ 4138-d. Mutual consent voluntary adoption registry. 1. A mutual

consent voluntary adoption registry may be established and maintained by

each authorized agency involved in an adoption. Persons eligible to

receive identifying information may work through the agency involved in

the adoption. If that agency has merged or ceased operations, a

successor agency which has the files pertaining to adoptions in which

the ceased or merged agency was involved may establish and maintain a

mutual consent voluntary adoption registry concerning those adoptions.

Any authorized agency which establishes and maintains a mutual consent

voluntary adoption registry pursuant to this section shall notify the

department of the name and address of such agency, together with such

other information the department may require.

2. The agency shall accept, at any time, and maintain the verified

registration of the birth parents of an adoptee. The agency shall accept

and maintain the verified registration of an adoptee or of the

biological sibling of an adoptee if such adoptee was born in this state,

or was born in any other state within the United States, or in the

District of Columbia, and his or her adoption occurred within this

state, no sooner than eighteen years after the adoptee's birth or in the

case of a biological sibling registrant, no sooner than the longer of

eighteen years after the birth of the adoptee or eighteen years after

the birth of the biological sibling; provided however, that any person

whose registration was accepted may withdraw such registration prior to

the release of any identifying information.

3. Upon acceptance of a registration pursuant to this section, the

agency shall search the records of the agency to determine whether the

agency was involved in such adoption.

(a) If the agency determines that the agency was not involved in such

adoption, it shall notify the registrant that no record exists of the

adoption and refer the registrant to the department's adoption

information registry operated pursuant to section forty-one hundred

thirty-eight-c of this title.

(b) If the agency determines that the agency was involved in such

adoption, it shall transmit the registration to the adoption information

registry operated by the department and the agency shall release the

non-identifying information, as defined in section forty-one hundred

thirty-eight-c of this title, to the adopted person.

4. Upon acceptance of a registration pursuant to this section, the

department shall search the records of the department to determine

whether the adoptee's adoption occurred within the state. The department

shall establish an authorized agency fee schedule for search costs and

registry costs of an authorized agency.

(a) If the department determines that there is a corresponding

registration for the adoptee, for either of the birth parents and/or for

a biological sibling of the adoptee, it shall notify the court wherein

the adoption occurred and the department shall notify the agency that a

corresponding match has been made. The agency shall notify all such

registrants 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 agency which

shall notify the registering person that no corresponding match has been

made. The agency shall not solicit or request the consent of the

non-registered person or persons.

5. 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 agency

shall release identifying information about the consenting registrants

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) Any employee of the 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 existence

of the adoption information registry.

(b) Any person who unlawfully discloses any information in the mutual

consent voluntary adoption 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 mutual

consent voluntary adoption registry shall be subject to dismissal for

such violation.

7. Upon receipt of identifying information from the department

pursuant to section four thousand one hundred thirty-eight-c of this

article, the agency shall promptly release identifying information to

all the registrants. Such identifying information shall be limited to

the names and addresses of the registrants and shall not include any

other information contained in the adoption or birth records or other

records maintained by the agency. However, nothing in this section shall

be construed to prevent the release of adoption records as otherwise

permitted by law.

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.