New York S 3765: Relates to birth certificates for foreign adoptions

Bill Text

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S03765 Summary:

BILL NOS03765 

&nbsp

SAME ASSAME AS A01944

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSRFAHY, JACKSON

&nbsp

MLTSPNSR

&nbsp

Amd §4138-b, Pub Health L

&nbsp

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

Go to top S03765 Actions:

BILL NOS03765 

&nbsp

01/29/2025REFERRED TO HEALTH

03/04/20251ST REPORT CAL.495

03/05/20252ND REPORT CAL.

03/10/2025ADVANCED TO THIRD READING 

06/13/2025SUBSTITUTED BY A1944

&nbspA01944 AMEND= Paulin

&nbsp01/14/2025referred to judiciary

&nbsp05/13/2025reported 

&nbsp05/15/2025advanced to third reading cal.148

&nbsp05/19/2025passed assembly

&nbsp05/19/2025delivered to senate

&nbsp05/19/2025REFERRED TO HEALTH

&nbsp06/13/2025SUBSTITUTED FOR S3765

&nbsp06/13/20253RD READING CAL.495

&nbsp06/13/2025PASSED SENATE

&nbsp06/13/2025RETURNED TO ASSEMBLY

&nbsp11/17/2025delivered to governor

&nbsp11/21/2025signed chap.509

&nbsp11/21/2025approval memo.5

Go to topS03765 Committee&nbspVotes:

Go to topS03765 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03765 Text:

 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