§ 4138-b. Birth certificate: foreign adoption.
1.Whenever the\nfinalization of a foreign adoption or recognition of a foreign adoption\nof a person of any age pursuant to section one hundred eleven-c of the\ndomestic relations law, or the adoption of a foreign-born person over\nthe age of eighteen at the time of adoption has been reported to the\ncommissioner, the commissioner shall file a birth certificate for the\nadopted person provided there is no other birth certificate or other\nbirth record on file other than in the country where such person was\nborn and provided, further, that a certificate of birth data does not\nexist for that person. Such birth certificate shall be filed upon\nreceipt of: proof that the adoptive parent was a resident of this state\nat the time of adoption or
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§ 4138-b. Birth certificate: foreign adoption. 1. Whenever the\nfinalization of a foreign adoption or recognition of a foreign adoption\nof a person of any age pursuant to section one hundred eleven-c of the\ndomestic relations law, or the adoption of a foreign-born person over\nthe age of eighteen at the time of adoption has been reported to the\ncommissioner, the commissioner shall file a birth certificate for the\nadopted person provided there is no other birth certificate or other\nbirth record on file other than in the country where such person was\nborn and provided, further, that a certificate of birth data does not\nexist for that person. Such birth certificate shall be filed upon\nreceipt of: proof that the adoptive parent was a resident of this state\nat the time of adoption or that the adoptee was lawfully adopted within\nthe State of New York; if the adoptee was adopted in a foreign country\nor jurisdiction, a copy of the adoption documents of the jurisdiction or\ncountry in which the person was adopted; a certified translation of the\nforeign adoption documents, evidence of the date and place of the\nadopted person's birth; and evidence of IR-3, IR-4 or IH-3 immigrant\nvisa status or a successor immigrant visa status. The birth certificate\nshall include the adopted person's name, sex, date of birth, time of\nbirth, place of birth, mother's maiden name, and father's name. A birth\ncertificate issued pursuant to this section which has been filed by a\nlocal registrar and all supporting documentation shall be submitted by\nthe local registrar to the commissioner who shall file a new birth\ncertificate pursuant to this section.\n 2. A petitioner may submit an attorney certified copy of the adoptee's\nforeign birth certificate, or similar confirmation of birth, and\nadoption decree, and copies of attorney certified translations of the\nforeign documentation in connection with the finalization of a foreign\nadoption or recognition of a foreign adoption pursuant to section one\nhundred eleven-c of the domestic relations law.\n 3. This provision shall be deemed retroactive so that an adopted\nperson who was adopted in accordance with this section prior to the\neffective date hereof may obtain, upon application, a birth certificate\npursuant to this section.\n