§ 4138. Birth certificate; new certificate in case of subsequent\nmarriage of unwed parents; adoption; adjudication of parentage; change\nof name of registrant or parent; gender transition of registrant or\nparent.
1.A new certificate of birth shall be made whenever:\n (a) proof is submitted to the commissioner that the previously unwed\nparents of a person have intermarried subsequent to the birth of such\nperson; or,\n (b) notification is received by, or proper proof is submitted to, the\ncommissioner from or by the clerk of a court of competent jurisdiction\nor the parents, or their attorneys, or the person himself, of a\njudgment, order or decree relating to the parentage; or,\n (c) notification is received by, or proper proof is submitted to, the\ncommissioner from or by the cle
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§ 4138. Birth certificate; new certificate in case of subsequent\nmarriage of unwed parents; adoption; adjudication of parentage; change\nof name of registrant or parent; gender transition of registrant or\nparent. 1. A new certificate of birth shall be made whenever:\n (a) proof is submitted to the commissioner that the previously unwed\nparents of a person have intermarried subsequent to the birth of such\nperson; or,\n (b) notification is received by, or proper proof is submitted to, the\ncommissioner from or by the clerk of a court of competent jurisdiction\nor the parents, or their attorneys, or the person himself, of a\njudgment, order or decree relating to the parentage; or,\n (c) notification is received by, or proper proof is submitted to, the\ncommissioner from or by the clerk as aforesaid of a judgment, order or\ndecree relating to the adoption of such person. Such judgment, order or\ndecree shall also be sufficient authority to make a new birth\ncertificate with conforming change in the name of such person on the\nbirth certificate of any of such person's children under the age of\neighteen years whose record of birth is on file in the state health\ndepartment; or,\n (d) proper proof is submitted to the commissioner by the parents, or\ntheir attorneys, or the person himself or his attorney, of a judgment,\norder or decree relating to a change of name granted by a court of\ncompetent jurisdiction. Such judgment, order or decree shall also be\nsufficient authority to make a new birth certificate with conforming\nchange in surname for any of such person's children under the age of\neighteen years whose record of birth is on file in the state health\ndepartment; or,\n (e) the certificate of birth of a child born out of wedlock as defined\nin paragraph (b) of subdivision one of section four thousand one hundred\nthirty-five of this article has been filed without entry of the name of\nthe signatory other than the person who gave birth and the commissioner\nthereafter receives the acknowledgment of parentage pursuant to section\none hundred eleven-k of the social services law or section four thousand\none hundred thirty-five-b of this article executed by the person who\ngave birth and the other signatory which authorizes the entry of the\nname of such other signatory, and which may also authorize a conforming\nchange in the surname of the child; or\n (f) any person born in New York state who submits an application to\nchange the gender on the birth certificate and an affidavit attesting\nunder penalty of perjury that the request for a change of gender to\n(female, male, or X) is to conform the person's documents and records to\nthe person's gender identity and is not made for any fraudulent purpose.\nA sex designation of X shall not be a required sex designation of any\nindividual. Upon receipt of the documentation, the commissioner shall\nestablish a new birth certificate reflecting the gender stated in the\napplication and any change in name, if accompanied by a court order for\na change of name. If such application is made on behalf of a person\nyounger than seventeen, such affidavit shall be signed by the person's\nparent, legal guardian, mental health or medical provider, or social\nservices provider.\n 2. (a) On every new certificate of birth made pursuant to this\nsection, a notation that it is filed pursuant to section four thousand\none hundred thirty-eight of the public health law shall be entered\nthereon. Notwithstanding other provisions of this article, when a child\nis adopted by an unmarried man or woman, the new certificate shall, if\nthe adopting parent so requests, reflect the fact that it is a single\nparent adoption.\n (b) Notwithstanding other provisions of this article, when a petition\nfor adoption by two persons has been duly filed, and one of the\npetitioners dies before the adoption is complete, such deceased\npetitioner's name shall be included on the new certificate as a parent,\nif such adoption is completed, unless otherwise requested by the other\npetitioner.\n (c) If the original certificate of birth contains fictitious names of\neither or both parents, a new certificate shall not be prepared until\nnotification is received by, or proper proof is submitted to, the\ncommissioner by the clerk of a court of competent jurisdiction or the\nparents or their attorney, or the person himself, or his attorney, of a\njudgment, order or decree relating to parentage.\n 3. (a) When a new certificate of birth is made the commissioner shall\nsubstitute such new certificate for the certificate of birth then on\nfile, if any, and shall send the registrar of the district in which the\nbirth occurred a copy of the new certificate of birth. The registrar\nshall make a copy of the new certificate for the local record and hold\nthe contents of the original local record confidential along with all\npapers and copies pertaining thereto. It shall not be released or\notherwise divulged except by order of a court of competent jurisdiction\nor pursuant to section four thousand one hundred thirty-eight-e of this\ntitle.\n (b) Thereafter, when a verified transcript or certification of birth\nof such person is issued by the registrar, it shall be based upon the\nnew certificate, except when an order of a court of competent\njurisdiction shall require the issuance of a verified transcript or\ncertification based upon the original local record of birth or\napplication is made pursuant to section four thousand one hundred\nthirty-eight-e of this title.\n 4. The commissioner may make a microfilm or other suitable copy of the\noriginal certificate of birth and all papers pertaining to the new\ncertificate of birth. In such event, the original certificate and papers\nmay be destroyed. All undestroyed certificates and papers and copies\nthereof shall be confidential and the contents thereof shall not be\nreleased or otherwise divulged except by order of a court of competent\njurisdiction or pursuant to section forty-one hundred thirty-eight-c,\nforty-one hundred thirty-eight-d or forty-one hundred thirty-eight-e of\nthis title.\n 5. Thereafter, when a certified copy or certified transcript of the\ncertificate of birth of such a person, or a certification of birth for\nsuch person is issued, it shall be based upon the new certificate of\nbirth, except when an order of a court of competent jurisdiction shall\nrequire the issuance of a copy of the original certificate of birth or\napplication is made pursuant to section four thousand one hundred\nthirty-eight-e of this title.\n 6. When the commissioner shall receive proper proof or notification\npursuant to paragraphs (a), (b), or (c) of subdivision one of this\nsection relating to a person born outside this state, such proof or\nnotification shall be forwarded to the appropriate registration\nauthority for the place of birth.\n 7. Whenever the commissioner makes a new birth certificate for any\nperson pursuant to the provisions of subdivision one of this section, he\nshall forward to such person, if eighteen years of age or more, or to\nthe parents of such person, a certified copy, a certified transcript or\na certification of birth, whichever he deems appropriate under the\ncircumstances, without making any charge therefor.\n 8. An adopted person eighteen years of age or older, or the birth\nparent or parents, may submit to the registrar a notice of change of\nname and/or address and such information shall be attached to the\noriginal birth certificate of the adopted person.\n