Section 4138. Birth certificate; new certificate in case of subsequent marriage of unwed parents; adoption; adjudication of parentage; change of name

1. A new certificate of birth shall be made whenever:
    (a)  proof  is submitted to the commissioner that the previously unwed
  parents of a person have intermarried subsequent to the  birth  of  such
  person; or,
    (b)  notification is received by, or proper proof is submitted to, the
  commissioner from or by the clerk of a court of  competent  jurisdiction
  or  the  parents,  or  their  attorneys,  or  the  person  himself, of a
  judgment, order or decree relating to the parentage; or,
    (c) notification is received by, or proper proof is submitted to,  the
  commissioner  from  or by the clerk as aforesaid of a judgment, order or
  decree relating to the adoption of such person. Such judgment, order  or
  decree   shall  also  be  sufficient  authority  to  make  a  new  birth
  certificate with conforming change in the name of  such  person  on  the
  birth  certificate  of  any  of  such person's children under the age of
  eighteen years whose record of birth is on  file  in  the  state  health
  department; or,
    (d)  proper  proof is submitted to the commissioner by the parents, or
  their attorneys, or the person himself or his attorney, of  a  judgment,
  order  or  decree  relating  to  a  change of name granted by a court of
  competent jurisdiction. Such judgment, order or  decree  shall  also  be
  sufficient  authority  to  make  a new birth certificate with conforming
  change in surname for any of such person's children  under  the  age  of
  eighteen  years  whose  record  of  birth is on file in the state health
  department; or,
    (e) the certificate of birth of a child born out of wedlock as defined
  in paragraph (b) of subdivision one of section four thousand one hundred
  thirty-five of this article has been filed without entry of the name  of
  the  father  and the commissioner thereafter receives the acknowledgment
  of paternity pursuant to section one  hundred  eleven-k  of  the  social
  services  law or section four thousand one hundred thirty-five-b of this
  article executed by the putative father and mother which authorizes  the
  entry  of  the  name  of  such  father,  and  which may also authorize a
  conforming change in the surname of the child.
    2. (a) On every  new  certificate  of  birth  made  pursuant  to  this
  section,  a  notation that it is filed pursuant to section four thousand
  one hundred thirty-eight of the  public  health  law  shall  be  entered
  thereon.  Notwithstanding other provisions of this article, when a child
  is  adopted  by an unmarried man or woman, the new certificate shall, if
  the adopting parent so requests, reflect the fact that it  is  a  single
  parent adoption.
    (b)  Notwithstanding other provisions of this article, when a petition
  for adoption by two  persons  has  been  duly  filed,  and  one  of  the
  petitioners   dies  before  the  adoption  is  complete,  such  deceased
  petitioner's name shall be included on the new certificate as a  parent,
  if  such  adoption is completed, unless otherwise requested by the other
  petitioner.
    (c) If the original certificate of birth contains fictitious names  of
  either  or  both  parents, a new certificate shall not be prepared until
  notification is received by,  or  proper  proof  is  submitted  to,  the
  commissioner  by  the  clerk of a court of competent jurisdiction or the
  parents or their attorney, or the person himself, or his attorney, of  a
  judgment, order or decree relating to parentage.
    3.  (a) When a new certificate of birth is made the commissioner shall
  substitute such new certificate for the certificate  of  birth  then  on
  file,  if any, and shall send the registrar of the district in which the
  birth occurred a copy of the new certificate  of  birth.  The  registrar

  shall  make  a copy of the new certificate for the local record and hold
  the contents of the original local record confidential  along  with  all
  papers  and  copies  pertaining  thereto.  It  shall  not be released or
  otherwise divulged except by order of a court of competent jurisdiction.
    (b)  Thereafter,  when a verified transcript or certification of birth
  of such person is issued by the registrar, it shall be  based  upon  the
  new   certificate,  except  when  an  order  of  a  court  of  competent
  jurisdiction shall require the issuance  of  a  verified  transcript  or
  certification based upon the original local record of birth.
    4. The commissioner may make a microfilm or other suitable copy of the
  original  certificate  of  birth  and  all  papers pertaining to the new
  certificate of birth. In such event, the original certificate and papers
  may be destroyed. All undestroyed certificates  and  papers  and  copies
  thereof  shall  be  confidential  and  the contents thereof shall not be
  released or otherwise divulged except by order of a court  of  competent
  jurisdiction  or pursuant to section forty-one hundred thirty-eight-c or
  forty-one hundred thirty-eight-d of this article.
    5. Thereafter, when a certified copy or certified  transcript  of  the
  certificate  of  birth of such a person, or a certification of birth for
  such person is issued, it shall be based upon  the  new  certificate  of
  birth,  except  when an order of a court of competent jurisdiction shall
  require the issuance of a copy of the original certificate of birth.
    6. When the commissioner shall receive proper  proof  or  notification
  pursuant  to  paragraphs  (a),  (b),  or  (c) of subdivision one of this
  section relating to a person born outside  this  state,  such  proof  or
  notification   shall   be  forwarded  to  the  appropriate  registration
  authority for the place of birth.
    7. Whenever the commissioner makes a new  birth  certificate  for  any
  person pursuant to the provisions of subdivision one of this section, he
  shall  forward  to  such person, if eighteen years of age or more, or to
  the parents of such person, a certified copy, a certified transcript  or
  a  certification  of  birth,  whichever  he  deems appropriate under the
  circumstances, without making any charge therefor.