§ 4138-D — Mutual consent voluntary adoption registry

New York § 4138-D

• Jurisdiction: New York
• Law PBH: Public Health
• Title 3: Registration of Births
• Art. 41: Vital Statistics

Text

§ 4138-d. Mutual consent voluntary adoption registry. 1. A mutual\nconsent voluntary adoption registry may be established and maintained by\neach authorized agency involved in an adoption. Persons eligible to\nreceive identifying information may work through the agency involved in\nthe adoption. If that agency has merged or ceased operations, a\nsuccessor agency which has the files pertaining to adoptions in which\nthe ceased or merged agency was involved may establish and maintain a\nmutual consent voluntary adoption registry concerning those adoptions.\nAny authorized agency which establishes and maintains a mutual consent\nvoluntary adoption registry pursuant to this section shall notify the\ndepartment of the name and address of such agency, together with such\nother information the department may require.\n 2. The agency shall accept, at any time, and maintain the verified\nregistration of the birth parents of an adoptee. The agency shall accept\nand maintain the verified registration of an adoptee or of the\nbiological sibling of an adoptee if such adoptee was born in this state,\nor was born in any other state within the United States, or in the\nDistrict of Columbia, and his or her adoption occurred within this\nstate, no sooner than eighteen years after the adoptee's birth or in the\ncase of a biological sibling registrant, no sooner than the longer of\neighteen years after the birth of the adoptee or eighteen years after\nthe birth of the biological sibling; provided however, that any person\nwhose registration was accepted may withdraw such registration prior to\nthe release of any identifying information.\n 3. Upon acceptance of a registration pursuant to this section, the\nagency shall search the records of the agency to determine whether the\nagency was involved in such adoption.\n (a) If the agency determines that the agency was not involved in such\nadoption, it shall notify the registrant that no record exists of the\nadoption and refer the registrant to the department's adoption\ninformation registry operated pursuant to section forty-one hundred\nthirty-eight-c of this title.\n (b) If the agency determines that the agency was involved in such\nadoption, it shall transmit the registration to the adoption information\nregistry operated by the department and the agency shall release the\nnon-identifying information, as defined in section forty-one hundred\nthirty-eight-c of this title, to the adopted person.\n 4. Upon acceptance of a registration pursuant to this section, the\ndepartment shall search the records of the department to determine\nwhether the adoptee's adoption occurred within the state. The department\nshall establish an authorized agency fee schedule for search costs and\nregistry costs of an authorized agency.\n (a) If the department determines that there is a corresponding\nregistration for the adoptee, for either of the birth parents and/or for\na biological sibling of the adoptee, it shall notify the court wherein\nthe adoption occurred and the department shall notify the agency that a\ncorresponding match has been made. The agency shall notify all such\nregistrants that a corresponding match has been made and request such\npersons' final consent to the release of identifying information.\n (b) If the department determines that there is no corresponding\nregistration for the adoptee, for either of the birth parents and/or for\na biological sibling of the adoptee, it shall notify the agency which\nshall notify the registering person that no corresponding match has been\nmade. The agency shall not solicit or request the consent of the\nnon-registered person or persons.\n 5. Upon receipt of a final consent by the adoptee, by either of the\nbirth parents and/or by a biological sibling of the adoptee, the agency\nshall release identifying information about the consenting registrants\nto the consenting registrants. Such identifying information shall be\nlimited to the names and addresses of the consenting registrants and\nshall not include any other information contained in the adoption or\nbirth records. However, nothing in this section shall be construed to\nprevent the release of adoption records as otherwise permitted by law.\n 6. (a) Any employee of the agency who solicits or causes another to\nsolicit a registration for the purposes of this section, except as\notherwise permitted by law, shall be guilty of a misdemeanor, provided,\nhowever, that solicitation shall not include disclosure of the existence\nof the adoption information registry.\n (b) Any person who unlawfully discloses any information in the mutual\nconsent voluntary adoption registry shall be guilty of a class A\nmisdemeanor.\n (c) Notwithstanding any other provision, any employee of the\ndepartment who unlawfully discloses any information in the mutual\nconsent voluntary adoption registry shall be subject to dismissal for\nsuch violation.\n 7. Upon receipt of identifying information from the department\npursuant to section four thousand one hundred thirty-eight-c of this\narticle, the agency shall promptly release identifying information to\nall the registrants. Such identifying information shall be limited to\nthe names and addresses of the registrants and shall not include any\nother information contained in the adoption or birth records or other\nrecords maintained by the agency. However, nothing in this section shall\nbe construed to prevent the release of adoption records as otherwise\npermitted by law.\n 8. For purposes of this section: "authorized agency" or "agency" means\nan authorized agency as defined in paragraphs (a) and (b) of subdivision\nten of section three hundred seventy-one of the social services law.\n