New York A05494 UPDATED

See the bill here.
“A decadeslong battle to unseal the birth certificates of adoptees in New York may have finally come to an end.

Legislation cleared both legislative chambers in the final days of the session that would grant adoptees in the state over age 18 full access to their birth certificate.

Similar legislation has existed in Albany since the early 1990s, but the effort to unseal birth records for adoptees can be traced back to the 1970s, said Claudia D’Arcy, director of outreach and advocacy for the state’s Adoptive and Foster Family Coalition.

“In general, we’re saying it’s taken over 40 years to restore the rights of adult adoptees to have access to their original birth certificates,” D’Arcy said.

The bill now goes to Gov. Andrew Cuomo, who vetoed similar legislation in 2017 for being too restrictive.

“It’s a critically important issue, and we’ll have to review the revised legislation,” Rich Azzopardi, a senior advisor for the governor, said in a statement.

Why are birth certificates sealed?

Under current law, an adoptee’s birth certificate is sealed once an adoption is filed.

To unseal the records, a person must petition the courts and all parties, including the biological parents, who must consent in order for the information to be released.

The law is rooted in privacy concerns for the biological parents, who don’t always want their information to be released.

But not releasing a legal document that belongs to a person is discriminatory, D’Arcy said.

“An adopted person had no voice, no say, no choice in the fact whether or not they were going to be an adopted person or not,” she said.

The bill would eliminate the need for consent and would grant adult adoptees in the state unrestricted access to their birth certificate.

If approved, New York would become the 10th state to allow adoptees unrestricted access to their birth certificates.

The bill would take effect on Jan. 15.

Why is this important?

Access to birth certificates would give adoptees a greater understanding of “their religious and ethnic heritage and medical history information,” according to a memo attached to the bill.

“The fact that New York continued to keep this kind of information from children was really, really horrifying to me,” said Assemblywoman Didi Barrett, D-Hudson, Columbia County, during a floor vote Thursday.

Barrett, who cosponsored the legislation, adopted her daughter from Russia in 1992.

“There’s no way in the world that any of the information is available to us and to her,” Barrett said.

Prior attempts

Similar legislation cleared both chambers of the Legislature in 2017, but was vetoed by Cuomo — a move praised by advocacy groups.

“The bill that passed in 2017 was not a bill that would have done this job; it was not an acceptable bill,” D’Arcy said.

The 2017 legislation would have allowed adoptees to petition the courts to unseal birth certificates, after which the state’s Department of Health would have been tasked with contacting all parties involved, including the biological parents.

But if the parents did not want their name disclosed or could not be contacted within 120 days, their information would have been redacted — a sticking point for the governor.

“I would support legislative proposals that allow adoptees greater access to birth records,” Cuomo said in a veto message.

Cuomo instead directed the state’s Department of Health to establish a workgroup to further assess the issue.

The group issued a report recommending adoptees have unrestricted access to their birth certificates in April of last year.

“It’s human nature to want to know where we come from,” D’Arcy said. ”

YES!

Adoptees in New York may soon have access to their birth certificates

[Democrat And Chronicle 6/21/19 by Chad Arnold]

REFORM Puzzle Piece

Update: “Governor Andrew Cuomo has signed legislation allowing adoptees for the first time to receive a certified copy of their birth certificate when they turn 18-years-old. This measure helps ensures that all adult New York adoptees will have the unimpeded rights to information about their birth and biological parents.

“Where you came from informs who you are, and every New Yorker deserves access to the same birth records – it’s a basic human right,” Governor Cuomo said. “For too many years, adoptees have been wrongly denied access to this information and I am proud to sign this legislation into law and correct this inequity once and for all.”

This legislation removes the right of government agencies to restrict the type of information made available to adopted persons and removes the previous barriers to receive information about biological parents to identify medical data that can prevent preventable diseases or untimely death. Under this new law, the adopted person’s lawful representative or their descendants will also be able to get access to the birth certificate if the adoptee is deceased.

Senator Velmanette Montgomery said, “I am so proud to have been the Senate sponsor of the Clean Bill of Adoptee Rights and I thank Governor Cuomo for signing this historic piece of legislation. This has been long overdue. We owe our success to the advocacy of thousands of adult adoptees who have fought tirelessly on this issue for over 20 years. The level of support I received for this legislation from adult adoptees all across the state and the nation was astounding. It is important that they have the right to seek answers about their health, their family history, and their heritage”

Assemblyman David Weprin said, “The signing of this adoptee rights bill is a momentous step forward for adoptees across New York State. After many decades, adoptees will finally share in the same human and civil rights as other New Yorkers who are free to access their family histories and medical backgrounds. I commend Governor Cuomo for signing this landmark bill ending discrimination against adoptees statewide and I thank Senator Velmanette Montgomery for carrying this bill the Senate.”

Cuomo grants new rights to adoptees
[Mid Hudson News 11/18/19]