S 3765: Relates to birth certificates for foreign adoptions; makes certain provisions retroactive.

  
  STATE OF NEW YORK ________________________________________________________________________ 3765 2025-2026 Regular Sessions  IN SENATE January 29, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to foreign adoptions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 4138-b of the public health law, as amended by 2 chapter 395 of the laws of 2012, is amended to read as follows: 3 § 4138-b. Birth certificate: foreign [country] adoption. 1. Whenever 4 the [adoption or] finalization of a foreign adoption or recognition of a 5 foreign adoption of a [child] person of any age pursuant to section one 6 hundred eleven-c of the domestic relations law, or the adoption of a 7 foreign-born person over the age of eighteen at the time of adoption has 8 been reported to the commissioner, the commissioner shall file a birth 9 certificate for the [child] adopted person provided there is no other 10 birth certificate or other birth record on file other than in the coun- 11 try where such [child] person was born and provided, further, that a 12 certificate of birth data does not exist for that person. Such birth 13 certificate shall be filed upon receipt of: proof that the adoptive 14 parent was a resident of this state at the time of adoption or that the 15 adoptee was lawfully adopted within the State of New York; if the adop- 16 tee was adopted in a foreign country or jurisdiction, a copy of the 17 adoption documents of the jurisdiction or country in which the [child] 18 person was adopted; a certified translation of the foreign adoption 19 documents, evidence of the date and place of the [child's] adopted 20 person's birth; and evidence of IR-3, IR-4 or IH-3 immigrant visa status 21 or a successor immigrant visa status. The birth certificate shall 22 include the [child's] adopted person's name, sex, date of birth, time of 23 birth, place of birth, mother's maiden name, and father's name. A birth 24 certificate [for a foreign country adoption] issued pursuant to this 25 section which has been filed by a local registrar and all supporting EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05172-01-5 
 S. 3765 2 1 documentation shall be submitted by the local registrar to the commis- 2 sioner who shall file a new birth certificate pursuant to this section. 3 2. A petitioner may submit an attorney certified copy of the adoptee's 4 foreign birth certificate, or similar confirmation of birth, and 5 adoption decree, and copies of attorney certified translations of the 6 foreign documentation in connection with the finalization of a foreign 7 adoption or recognition of a foreign adoption pursuant to section one 8 hundred eleven-c of the domestic relations law. 9 3. This provision shall be deemed retroactive so that an adopted 10 person who was adopted in accordance with this section prior to the 11 effective date hereof may obtain, upon application, a birth certificate 12 pursuant to this section. 13 § 2. This act shall take effect on the thirtieth day after it shall 14 have become a law.