Section 4138-C. Adoption information registry

1. There shall be established
  in the department an adoption information registry operated by employees
  of the department specifically designated by the commissioner. Access to
  all  records  and  information  in the registry shall be limited to such
  designated employees and such records  and  information  shall  be  kept
  strictly  confidential  except  as  specifically  authorized by law. The
  commissioner shall establish rules and procedures designed to keep  such
  records  and  information  separate  and apart from other records of the
  department and kept in  a  manner  where  access  to  such  records  and
  information  is  strictly limited to such designated employees and shall
  promulgate regulations designed  to  effectuate  the  purposes  of  this
  section.  Notwithstanding  any  inconsistent  provision  of the domestic
  relations law or any other law to the contrary, the  commissioner  shall
  have  access  to  the  information authorized to be released pursuant to
  this section contained in birth and  adoption  records  of  any  agency,
  court  or  department  having  appropriate records which will enable the
  commissioner to effectuate the purposes of this section and may  require
  the  cooperation  of  such  agency, court or department in providing the
  information  authorized  to  be  released  pursuant  to  this   section,
  provided,  however,  that  the commissioner shall not have access to the
  actual adoption records of any agency, court or  department  maintaining
  such records.
    2.  The  registry shall accept, at any time, and maintain the verified
  registration transmitted by an  agency  pursuant  to  section  forty-one
  hundred  thirty-eight-d  of  this article, or of the birth parents of an
  adoptee if such adoptee was born in this state. The registry  shall  not
  accept  nor maintain the registration of an adoptee sooner than eighteen
  years after the adoptee's birth, or in the case  of  registration  by  a
  biological  sibling of an adoptee, no sooner than the longer of eighteen
  years after the biological sibling's birth or eighteen years  after  the
  adoptee's  birth;  provided, however, that any person whose registration
  was accepted may withdraw such registration prior to the release of  any
  identifying  information.  The  adoptee  registrant,  and the biological
  sibling registrant, shall  include  as  part  of  the  registration  the
  identification,  including  the  name  and  address, of known biological
  siblings of the adoptee. The adoptee may upon registration or  any  time
  thereafter  elect  not  to have release of information by the authorized
  agency involved in such adoption.  The  department  shall  establish  an
  authorized  agency  fee schedule for search costs and registry costs and
  services provided by such agency in gathering and forwarding information
  pursuant to this section. The fee schedule may also  include  costs  for
  disseminating  information  about  the registry and the adoption medical
  information sub-registry to the public. Such publications  or  brochures
  may   include   information   as   to  identifying  and  non-identifying
  information, how to register and fees charged to  the  registrants,  and
  any other information deemed appropriate.
    3.  For  the  purposes  of  this  section,  the  term "non-identifying
  information" shall only include the  following  information,  if  known,
  concerning the adoptee, parents and biological siblings of an adoptee:
    (a) Age of the parents in years, at birth of such adoptee.
    (b)  Heritage  of the parents, which shall include nationality, ethnic
  background and race.
    (c) Education, which shall be the number of years of school  completed
  by the parents at the time of birth of such adoptee.
    (d)  General  physical  appearance  of  the parents at the time of the
  birth of such adoptee, which shall  include  height,  weight,  color  of
  hair, eyes, skin and other information of similar nature.
    (e) Religion of parents.

    (f) Occupation of parents.
    (g) Health history of parents.
    (h) Talents, hobbies and special interests of parents.
    (i)  Facts  and  circumstances relating to the nature and cause of the
  adoption.
    (j) Name of the authorized agency involved in such adoption.
    (k) The existence of any known biological siblings.
    (l) The number, sex and age, at the time of the adoptee's adoption, of
  any known biological siblings.
    4. Upon  acceptance  of  a  registration  by  an  adoptee  or  by  the
  biological   sibling  of  an  adoptee  pursuant  to  this  section,  the
  department shall search the  records  of  the  department  to  determine
  whether the adoptee's adoption occurred within the state.
    (a) If the department determines that the adoption occurred within the
  state, it shall notify the court wherein the adoption occurred to submit
  to the department non-identifying information as may be contained in the
  records  of the court and the names of the birth parents of the adoptee.
  Notwithstanding any other provision of law to the  contrary,  the  court
  shall  thereupon  transmit to the department non-identifying information
  as may be contained in the records of the court, and the  names  of  the
  birth  parents  of  the  adoptee, provided that, if the court determines
  from its records that the adoption was from an  authorized  agency,  the
  court  shall  submit to the department only the name and address of such
  authorized agency and the names of the birth parents of the adoptee.  In
  such  cases,  unless  the  adoptee  registrant or the biological sibling
  registrant shall have elected otherwise, the department shall notify the
  authorized agency whose name  was  provided  by  the  court  to  release
  promptly   to   the   adoptee   or  biological  sibling  registrant  all
  non-identifying information as may be contained in the  agency  records.
  Such  agency  shall  thereafter  promptly  release  the  non-identifying
  information to the adoptee registrant. If the adoptee  registrant  shall
  have  elected  not to have the information released to him or her by the
  authorized agency, the agency shall submit promptly  to  the  department
  all  non-identifying  information  as  may  be  contained  in the agency
  records. In any case where the agency records are incomplete, no  longer
  exist  or  are otherwise unavailable, the department shall so notify the
  court. The court shall thereupon promptly  submit  such  non-identifying
  information  as  may  be  contained  in  their records. If no authorized
  agency was involved or if the adoptee registrant shall have elected  not
  to have release of information by the authorized agency involved in such
  adoption,  the  department shall release the non-identifying information
  to the adoptee registrant. The department and/or  an  authorized  agency
  may  restrict  the  nature  of  the non-identifying information released
  pursuant to this section upon a reasonable determination that disclosure
  of such non-identifying information  would  not  be  in  the  adoptee's,
  biological sibling's, or parent's best interest.
    (b)  If  the  department  determines  that  the adoption did not occur
  within the state, it shall notify the adoptee registrant that no  record
  exists of the adoption occurring within the state.
    5.  Upon  acceptance  of  a registration pursuant to this section, the
  department shall search the registry to determine whether  the  adoptee,
  any  biological  sibling of the adoptee, or birth parents of the adoptee
  is also registered.
    (a) If the department determines the adoptee is not in contact with  a
  biological  sibling  under  the  age  of  eighteen  and  that there is a
  corresponding registration for  the  adoptee,  for  each  of  the  birth
  parents,  and/or  for the biological sibling registrant, it shall notify
  the court wherein the adoption occurred and the department shall  notify

  all  such  persons  that a corresponding match has been made and request
  such persons' final consent to the release of identifying information.
    (b)  If  the  department  determines  that  there  is no corresponding
  registration for the adoptee, for each of the birth parents, and/or  for
  a  biological  sibling  of  the adoptee, it shall notify the registering
  person that no corresponding match has been made. The  department  shall
  not  solicit  or  request  the  consent  of the non-registered person or
  persons.
    6. Upon receipt of a final consent by the  adoptee,  by  each  of  the
  birth  parents,  and/or  by  a  biological  sibling  of the adoptee, the
  department shall, unless the adoptee or  biological  sibling  registrant
  shall  elect  otherwise,  if  an  authorized agency was involved in such
  adoption, release identifying information to such  agency;  such  agency
  shall  thereafter  promptly  release  identifying information to all the
  registrants. If no authorized agency was involved, or if any  registrant
  shall  have  elected  not  to  have  release  of  the information by the
  authorized agency involved in such adoption the department shall release
  identifying  information  to  all  the  registrants.  Such   identifying
  information  shall  be  limited  to  the  names  and  addresses  of  the
  registrants and shall not include any other information contained in the
  adoption or birth records. However, nothing in  this  section  shall  be
  construed  to  prevent  the  release  of  adoption  records as otherwise
  permitted by law.
    6-a. (a) There shall  be  established  in  the  registry  an  adoption
  medical  information sub-registry. Access to all identifying records and
  information  in  the  sub-registry  shall  be  subject   to   the   same
  restrictions as the adoption information registry.
    (b)  The department shall establish procedures by which a birth parent
  may provide medical information to the sub-registry,  and  by  which  an
  adoptee  aged  eighteen  years  or  older  or the adoptive parents of an
  adoptee who has not attained the age of eighteen years may  access  such
  medical information.
    (c)  A  birth  parent  may  provide  the  adoption medical information
  sub-registry with certified medical information. Such certified  medical
  information  must  include  other  information  sufficient to locate the
  adoptee's birth record.
    (d)  Upon  receipt  from  the  birth  parent  of   certified   medical
  information and other information needed to identify the adopted person,
  the  department  shall  determine if the adoptee was born and adopted in
  New York state. If the adoptee was born and adopted in New  York  state,
  the  department  shall  register  such  information and determine if the
  adoptee or adoptive parent of  the  adoptee  is  registered.  Upon  such
  determination,  the department shall release the non-identifying medical
  information only to  an  adoptee,  aged  eighteen  years  or  older,  or
  adoptive  parent  of an adoptee who has not attained the age of eighteen
  years.
    (e) Upon receipt from an adoptee aged eighteen years or older  or  the
  parent  of  an adoptee of a registration, the department shall determine
  if the adoptee was born and adopted in New York state.  If  the  adoptee
  was  born and adopted in New York state, the department shall search its
  records for medical information provided by the adoptee's birth  parent.
  If  such  medical information is found, the department shall release the
  non-identifying medical information only, to an adoptee,  aged  eighteen
  years  or  older,  or adoptive parent of an adoptee who has not attained
  the age of eighteen years.
    (f) The department shall not  solicit  or  request  the  provision  of
  medical  information  from  a  birth  parent  or  the registration by an
  adoptee or parent of an adoptee.

    (g) A fee shall not be required from  a  birth  parent  for  providing
  health information.
    7. (a) Any employee of the department or any employee of an authorized
  agency  who solicits or causes another to solicit a registration for the
  purposes of this section, except as otherwise permitted by law, shall be
  guilty of a misdemeanor, provided, however, that solicitation shall  not
  include disclosure of the adoption information registry.
    (b)  Any  person  who  unlawfully  discloses  any  information  in the
  adoption information registry shall be guilty of a class A misdemeanor.
    (c)  Notwithstanding  any  other  provision,  any  employee   of   the
  department  who  unlawfully  discloses  any  information in the adoption
  information registry shall be subject to dismissal for such violation.
    8. For purposes of this section: "authorized agency" or "agency" means
  an authorized agency as defined in paragraphs (a) and (b) of subdivision
  ten of section three hundred seventy-one of the social services law.
    9. For the purposes of this section, the term  "birth  parents"  shall
  mean  a  surviving  birth  parent  when the other birth parent who would
  otherwise be required  to  register  is  deceased.  The  registry  shall
  consider  the  registration  of  such  a  surviving birth parent who can
  demonstrate that the other birth  parent  is  deceased  to  fulfill  all
  requirements  for  the  registration of the birth parents of an adoptee.
  Upon the request of a birth parent  at  or  following  registration  the
  department  shall  conduct  a search of its records to determine whether
  the other birth parent is deceased.
    10. The commissioner is directed to develop  an  adoption  information
  registry  birth  parent registration consent form to be completed at the
  time of surrender or  consent  to  adoption.  Such  form  shall  include
  check-off  boxes  to be appropriately marked by the biological parent or
  parents whose consent is necessary for the relinquishment of such  child
  indicating  whether  or  not  such  parent  consents  to  the receipt of
  identifying information by the child to be adopted. A copy of such  form
  shall  be sent to the department with copies of the original and amended
  birth certificates. Such form shall state that it is the  responsibility
  of  the  birth parent to update the registry with any changes in contact
  information. The form shall additionally advise the  biological  parents
  of  the  adoption medical information sub-registry and the procedures by
  which  a  birth  parent  may  provide   medical   information   to   the
  sub-registry.  Notwithstanding  any inconsistent provision of law to the
  contrary,  the  commissioner  is  directed  to  develop  any  rules  and
  regulations  necessary  to expedite the transfer of information from any
  agency, court or department necessary to implement this subdivision.
    11. Upon receipt of the adoption  information  registry  birth  parent
  registration  consent form required by section two hundred fifty-four of
  the judiciary law, the commissioner of health of the city  of  New  York
  shall  forward a copy of such consent form, copies of the original birth
  certificate,  the  amended  birth  certificate  and  a   copy   of   the
  notification of adoption to the adoption information registry maintained
  in accordance with this section.