Is New York state at all close to fully opening their adoption records?

Question

That is where I was adopted from, but through a closed adoption.... is there any movement on whether they will be opening up the state records eventually, or does it look unlikely? Anyone know?

Answer 1

Since there is absolutely nothing that ever promised any birth parent anonymity under the law, state laws are changing to re-open original birth certificates to the adopted persons whose births they record.  Starting around WWII, the birth records of people who got adopted began to be sealed from them.  If the child is simply relinquished ("given up") for adoption, the records don't seal.  The must be placed in an adoptive placement and that adoption must finalize by the court before a birth record seals.  This sealing of the OBC is about the ADOPTION, not about the relinquishment by the birth parents.

Therefore, states are starting to reopen unconditional OBC access to adopted persons, reinstating for them the very same right that non-adopted persons have.  Kansas and Alaska never sealed records from adopted citizens.  Oregon, Alabama, Maine and New Hampshire have reopened records to adult adopted citizens.  A few other states, like Ohio and Tennessee, give many or most adopted citizens access to their OBC's.  Reformers are working on legislation that will give all adopted citizens back their equal rights.

Currently, New York does have an open records movement.  It's called Unsealed Initiative and can be found at

http://www.unsealedinitiative.org/

Following is the text from current legislative bills that would give adopted citizens equal access rights to their own birth records:

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Bill A2277 and Same as Bill S235—The Bill of Adoptee Rights amends the Health Law by adding a new section, 4138-e

Allows all adoptees when they reach the age of eighteen the ability to receive a copy of their original birth certificate provided they have proper identification and pay a nominal fee, and to receive an updated medical history form submitted to the health department by the birth parent.  The medical history form shall be prescribed by the Health Department.

A birth parent may at any time request a contact preference form that shall accompany a birth certificate issued under this title. The contact preference form shall provide the following information to be completed at the option of the birth parent.

(1) I would like to be contacted

(2) I would prefer to be contacted only through an intermediary

(3) I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated preference form to the health department. I have completed an updated medical history form and have filed it with the health department.

The health department shall provide updated health information from the birth parent to the adoptive parents of a minor and directly to the adopted person who has reached the age of eighteen.

When it shall be impossible through good-faith efforts to provide a copy of the birth certificate (as in the case of an adopted person born outside of, but adopted within the state of New York), the adopted person shall have the right to secure from a court of competent jurisdiction or the adoption agency true and correct identifying information.

This bill will become law one year after the governor signs it. Within two years of the effective date the governor shall appoint a voluntary citizens task force to review, assess and report on the progress and administration of initiatives established with the new law.

ETA:

Jessica is correct in that we the people must make the laws change.  So, get on over to that Unsealed Initiative Website and do like Jessica says -- write, write, write!

Answer 2

http://www.unsealedinitiative.org/

write, write, write.

Answer 3

more than likely they will stay closed...when you were adopted your birth parents may have thought they would stay sealed forever how can a state now go back and open them..it would be unfair to those parents who did just that..my records are sealed forever and although it is unfair...i found everything i needed thru an adoption detective basically i gave her all the info i had and i knew who my sister and brothers were within in a week...i tried searching for almost twenty years and was so close to finding them...when i got the info i went back and looked in places i had been looking i was a few web pages away...my sister had been looking as well..good luck...

Answer 4

Heres a message I got last night from Joyce Barr the president of Unsealed Initiative NY's Open Records Group :)

We are lobbying in Albany on tuesday march 4th–no rally. the assembly bill A2277 which has 64 sponsors and enough votes to pass is being held up by the Speaker Sheldon Silver.

We are lobbying with letters, calls,faxes and in person in Albany on tuesday March 4th

Assembly Speaker Sheldon Silver

LOB 932

Albany, NY 12248

phone [phone]

Fax: [phone]

no e-mail

Tell his office you want a vote on A2277 now!

Answer 5

Yes.  Bills are pending. People need to write the legislators.  See unsealed initiatives website already posted

This has been going on for years and years and years.   The Bill A2277 needs to get to a vote in the Assemby this session - please be a part of making that happen.

Lobby day is March 4th in Albany NY.  

ps.  For those worried about the mythical non-existent 'birthparents privacy'  the Bill includes a contact preference option - this gives birthparents MORE privacy than they currently have where people are finding each other in spite of the seale records

EQUAL RIGHTS FOR ADOPTEES!!!!!!!