Section 4138-D. Mutual consent voluntary adoption registry

1. A mutual
  consent voluntary adoption registry may be established and maintained by
  each authorized agency involved in  an  adoption.  Persons  eligible  to
  receive  identifying information may work through the agency involved in
  the adoption.  If  that  agency  has  merged  or  ceased  operations,  a
  successor  agency  which  has the files pertaining to adoptions in which
  the ceased or merged agency was involved may establish  and  maintain  a
  mutual  consent  voluntary adoption registry concerning those adoptions.
  Any authorized agency which establishes and maintains a  mutual  consent
  voluntary  adoption  registry  pursuant to this section shall notify the
  department of the name and address of such agency,  together  with  such
  other information the department may require.
    2.  The  agency  shall  accept, at any time, and maintain the verified
  registration of the birth parents of an adoptee. The agency shall accept
  and  maintain  the  verified  registration  of  an  adoptee  or  of  the
  biological  sibling of an adoptee if such adoptee was born in this state
  no sooner than eighteen years after the adoptee's birth or in  the  case
  of  a  biological  sibling  registrant,  no  sooner  than  the longer of
  eighteen years after the birth of the adoptee or  eighteen  years  after
  the  birth  of the biological sibling; provided however, that any person
  whose registration was accepted may withdraw such registration prior  to
  the release of any identifying information.
    3.  Upon  acceptance of a registration by an adoptee or the biological
  sibling registrant pursuant to this section, the agency shall search the
  records of the agency to determine whether the agency  was  involved  in
  such adoption.
    (a)  If the agency determines that the agency was not involved in such
  adoption, it shall notify the registrant that no record  exists  of  the
  adoption   and   refer  the  registrant  to  the  department's  adoption
  information registry operated  pursuant  to  section  forty-one  hundred
  thirty-eight-c of this article.
    (b)  If  the  agency  determines  that the agency was involved in such
  adoption, it shall transmit the registration to the adoption information
  registry operated by the department and the  agency  shall  release  the
  non-identifying  information,  as  defined  in section four thousand one
  hundred thirty-eight-c of this article, to the adoptee registrant or the
  biological sibling registrant. The 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, the biological  sibling's  or
  parent's best interest.
    4.  Upon  acceptance  of  a registration pursuant to this section, the
  department shall search the  records  of  the  department  to  determine
  whether the adoptee's adoption occurred within the state. The department
  shall  establish  an authorized agency fee schedule for search costs and
  registry costs of an authorized agency.
    (a) If  the  department  determines  that  there  is  a  corresponding
  registration for the adoptee, for each of the birth parents and/or for a
  biological sibling of the adoptee, it shall notify the court wherein the
  adoption  occurred  and  the  department  shall notify the agency that a
  corresponding match has been made. The  agency  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  the  birth  parents  and/or for a
  biological sibling of the adoptee, it  shall  notify  the  agency  which
  shall notify the registering person that no corresponding match has been

  made.  The  agency  shall  not  solicit  or  request  the consent of the
  non-registered person or persons.
    5.  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  agency
  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) Any employee of the 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 existence
  of the adoption information registry.
    (b)  Any person who unlawfully discloses any information in the mutual
  consent voluntary adoption  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  mutual
  consent  voluntary  adoption  registry shall be subject to dismissal for
  such violation.
    7.  Upon  receipt  of  identifying  information  from  the  department
  pursuant  to  section  four  thousand one hundred thirty-eight-c of this
  article, the agency shall promptly 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 or other
  records maintained by the agency. However, nothing in this section shall
  be construed to prevent the release of  adoption  records  as  otherwise
  permitted by law.
    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 whose signature or consent to the adoption was
  required is deceased.