Summary
The state maintains an Adoption Information Registry, a mutual consent registry that provides services to adoptees or birth parents and siblings who seek identifying or non-identifying information.
The Adoptee Rights Law Center is a proud coalition partner in the New York Adoptee Rights Coalition, which works to restore the right of adult adoptees to obtain their original birth certificates without conditions or restrictions. Join Us.
Relevant New York Law: Original Birth Certificates
Public Health Law § 4138. Birth certificate; new certificate in case of subsequent marriage of unwed parents; adoption; adjudication of parentage; change of name
1. A new certificate of birth shall be made whenever:
(a) proof is submitted to the commissioner that the previously unwed parents of a person have intermarried subsequent to the birth of such person; or,
(b) notification is received by, or proper proof is submitted to, the commissioner from or by the clerk of a court of competent jurisdiction or the parents, or their attorneys, or the person himself, of a judgment, order or decree relating to the parentage; or,
(c) notification is received by, or proper proof is submitted to, the commissioner from or by the clerk as aforesaid of a judgment, order or decree relating to the adoption of such person. Such judgment, order or decree shall also be sufficient authority to make a new birth certificate with conforming change in the name of such person on the birth certificate of any of such person’s children under the age of eighteen years whose record of birth is on file in the state health department; or,
(d) proper proof is submitted to the commissioner by the parents, or their attorneys, or the person himself or his attorney, of a judgment, order or decree relating to a change of name granted by a court of competent jurisdiction. Such judgment, order or decree shall also be sufficient authority to make a new birth certificate with conforming change in surname for any of such person’s children under the age of eighteen years whose record of birth is on file in the state health department; or,
(e) the certificate of birth of a child born out of wedlock as defined in paragraph (b) of subdivision one of section four thousand one hundred thirty-five of this article has been filed without entry of the name of the father and the commissioner thereafter receives the acknowledgment of paternity pursuant to section one hundred eleven-k of the social services law or section four thousand one hundred thirty-five-b of this article executed by the putative father and mother which authorizes the entry of the name of such father, and which may also authorize a conforming change in the surname of the child.
2. (a) On every new certificate of birth made pursuant to this section, a notation that it is filed pursuant to section four thousand one hundred thirty-eight of the public health law shall be entered thereon. Notwithstanding other provisions of this article, when a child is adopted by an unmarried man or woman, the new certificate shall, if the adopting parent so requests, reflect the fact that it is a single parent adoption.
(b) Notwithstanding other provisions of this article, when a petition for adoption by two persons has been duly filed, and one of the petitioners dies before the adoption is complete, such deceased petitioner’s name shall be included on the new certificate as a parent, if such adoption is completed, unless otherwise requested by the other petitioner. (c) If the original certificate of birth contains fictitious names of either or both parents, a new certificate shall not be prepared until notification is received by, or proper proof is submitted to, the commissioner by the clerk of a court of competent jurisdiction or the parents or their attorney, or the person himself, or his attorney, of a judgment, order or decree relating to parentage.
3. (a) When a new certificate of birth is made the commissioner shall substitute such new certificate for the certificate of birth then on file, if any, and shall send the registrar of the district in which the birth occurred a copy of the new certificate of birth. The registrar shall make a copy of the new certificate for the local record and hold the contents of the original local record confidential along with all papers and copies pertaining thereto. It shall not be released or otherwise divulged except by order of a court of competent jurisdiction.
(b) Thereafter, when a verified transcript or certification of birth of such person is issued by the registrar, it shall be based upon the new certificate, except when an order of a court of competent jurisdiction shall require the issuance of a verified transcript or certification based upon the original local record of birth.
4. The commissioner may make a microfilm or other suitable copy of the original certificate of birth and all papers pertaining to the new certificate of birth. In such event, the original certificate and papers may be destroyed. All undestroyed certificates and papers and copies thereof shall be confidential and the contents thereof shall not be released or otherwise divulged except by order of a court of competent jurisdiction or pursuant to section forty-one hundred thirty-eight-c or forty-one hundred thirty-eight-d of this article.
5. Thereafter, when a certified copy or certified transcript of the certificate of birth of such a person, or a certification of birth for such person is issued, it shall be based upon the new certificate of birth, except when an order of a court of competent jurisdiction shall require the issuance of a copy of the original certificate of birth.
6. When the commissioner shall receive proper proof or notification pursuant to paragraphs (a), (b), or (c) of subdivision one of this section relating to a person born outside this state, such proof or notification shall be forwarded to the appropriate registration authority for the place of birth.
7. Whenever the commissioner makes a new birth certificate for any person pursuant to the provisions of subdivision one of this section, he shall forward to such person, if eighteen years of age or more, or to the parents of such person, a certified copy, a certified transcript or a certification of birth, whichever he deems appropriate under the circumstances, without making any charge therefor.
Relevant New York Law: Adoption Court Records
Domestic Relations Law § 114(2-4): Adoption Order
2. No person, including the attorney for the adoptive parents shall disclose the surname of the child directly or indirectly to the adoptive parents except upon order of the court. No person shall be allowed access to such sealed records and order and any index thereof except upon an order of a judge or surrogate of the court in which the order was made or of a justice of the supreme court. No order for disclosure or access and inspection shall be granted except on good cause shown and on due notice to the adoptive parents and to such additional persons as the court may direct. Nothing contained herein shall be deemed to require the state commissioner of health or his designee to secure a court order authorizing disclosure of information contained in adoption or birth records requested pursuant to the authority of section forty-one hundred thirty-eight-c or section forty-one hundred thirty-eight-d of the public health law; upon the receipt of such request for information, the court shall transmit the information authorized to be released thereunder to the state commissioner of health or his designee.
3. In like manner as a court of general jurisdiction exercises such powers, a judge or surrogate of a court in which the order of adoption was made may open, vacate or set aside such order of adoption for fraud, newly discovered evidence or other sufficient cause.
4. Good cause for disclosure or access to and inspection of sealed adoption records and orders and any index thereof, hereinafter the “adoption records”, under this section may be established on medical grounds as provided herein. Certification from a physician licensed to practice medicine in the state of New York that relief under this subdivision is required to address a serious physical or mental illness shall be prima facie evidence of good cause. Such certification shall identify the information required to address such illness. Except where there is an immediate medical need for the information sought, in which case the court may grant access to the adoption records directly to the petitioner, the court hearing petition under the subdivision shall appoint a guardian ad litem or other disinterested person, who shall have access to the adoption records for the purpose of obtaining the medical information sought from those records or, where the records are insufficient for such purpose, through contacting the biological parents. The guardian or other disinterested person shall offer a biological parent the option of disclosing the medical information sought by the petitioner pursuant to this subdivision, as well as the option of granting consent to examine the parent’s medical records. If the guardian or other disinterested person appointed does not obtain the medical information sought by the petitioner, such guardian or disinterested person shall make a report of his or her efforts to obtain such information to the court. Where further efforts to obtain such information are appropriate, the court may in its discretion authorize direct disclosure or access to and inspection of the adoption records by the petitioner.
Thank you for this very informative info. I am an adoptee who was born in NY, which makes my journey to find my birthmother seem out of range. I will continue to search as this is an important part of my life I need to know about.
Hi Susan,
I too was born and adopted in NY and feel your pain and frustration. It’s terrible being denied your ancestry if not for relationships, at least medical history. My adopted mother told me I was adopted on her death bed after my adopted father and older brother had long passed. It was a family secret on both sides from day one when they brought me home. She did gave me my birth mother’s name who’s since passed away. I have since found and connected with my only living elder sibling sister who also believes our mother gave birth to at least one other child after me- also out of wedlock.
My birthday is 1/14/64. My birthplace was St Francis Hospital, Olean, NY. If either of these are a match, I’d love to connect with you to find out more.
I wish you the best with your journey.
Adoptees working to pass S5169a and A6821 in 2017-18 Legislative Session
We all have day jobs, and do what we can.
I was born 09-09-1962. I’ve been looking for my birth family for a little over 30 yrs. I found out a little bit but not enough to find anyone. My last hope was to send in my DNA. I didn’t get any where with that either. I guess I’m done looking. I don’t think I’m meant to find anyone. I would love to find my siblings! I found out I have 3 older brothers or sisters.
Hey , Don’t give up I looked for about the same amount of time, gave up looking for a few years then I read about 23nMe now ancestry does not any longer match up family. So be careful read if your does and you can up load DNA test and for like 35 bucks pay a bit extra for more testing . I was able to find a Cousin at first, which led to my Adopted Dads Sister, Long story short I found out I was taken away from the family by a Brother who took me away from my paternal mother, thus loosing touch with , 3 Sisters and 2 Brothers. Grand Parents, 9 Aunts and Uncles.
My father according to my up bringing was in fact a Uncle? Yes never knew of adoption never suspected being taken away from family. I have mixed feelings some days I feel like I was shot in the head and killed that day he took my family from me, to never know my mom , dad, All but one Aunt alive, 4 of six siblings gone. I just feel robbed and cheated. My be because I had a horrible up bringing with my Uncle very abusive over the years. I’m glad not to be directly related to him , yet feel cheated so deeply ( out of my real Family ). Wish you luck
I been on 23 and me. I found many supposed people. I could be potientionaly related too, but I don’t know. I’m also from ny
There’s a lot you can do with DNA. Gedmatch, Ancestry and Random acts of Genealogical Kindness as well as DNA detectives all help people with it.
Agree. DNA is a powerful tool and for some it is one of the only options (we’ve recognized this with our DNA kit donation program). But DNA won’t replace nor resolve what should be a right: simple and unrestricted availability of our own birth records.
Don’t give up. I found the information of my birth mom for peace of mind. However, she was deceased and I did not connect with relatives. Found a half brother who was a manipulative. lying dry drunk, so it is not always roses. I am looking for the paternal side now. Obviously, the sisters of the mom were not close. Please consider requesting your medical records from the hospital you were born in. I was a foster kid, so I knew my last name. The hospital did not redact my birth mother’s name. From there, I used Ellis Island information and was able to get many other records. I now have dual citizenship with Ireland. I have not done dna testing yet.
Where were you born. Your birth certificate almost stays the same place.
I am glad you are working on the behalf of adoptees, as an adult adoptee I look forward to opening the records of NY State up in Albany to find my original birth certificate. I legally change back to my birth name of Holley in my late 20’s in the late 90’s
Please let me know of any updates for NY State for adult adoptees seeking there original birth certificates
My husband discovered @ 70 he was adopted thru the AncestryDNA. Whats so frustrating is the Adoptive and Biological parents are dead. Whats the harm at this stage of knowing his history. He has been welcomed by the bio fathers family that found him. We have know the biological mother but there is sibiling born before him. They have a right to know each other.
I’m an adoptive parent who has been helping my daughter to find her birth family for 5 years. She found out through the Adoption Registry and the successor agency to Louise Wise Services that her birth mother is deceased. I agree with previous poster that what’s the harm to find out her mother’s name after 35 years? She just wants to know her medical history and whether she has any siblings. Her birth father’s non-identifying information said that he was “black Hispanic.” We assumed that he was either Puerto Rican or Dominican. She DNA-tested and discovered that he was probably Panamanian. She is still looking. Name at birth Baby Dorah Bartholomew, born in Manhattan November 1983.
I recently did AncestryDNA.com and found 6 matches of 3 to 4th cousins. Which is great the problem is if they are on my birth fathers side, he didn’t know I existed. If they are on my birth mothers side, I would be a skeleton in her closet. At 51 I realized if I don’t start looking now everyone will be gone soon. I was born in New York in a closed adoption May 8, 1966 – Mother’s Day. Two of my ancestry DNA cousin matches are trying to find out how we are related, but both admit it was so long ago and they have lost contact with a lot of their family. The two ancestry DNA matches have been so kind to me. Since I’m getting older I wish New York would unseal the records. I would like to know what medical problems ran in my birth families.
Ancestry Stopped doing direct family connections . look it up in Sept of 2014. Up load your DNA to another site you will get better results and closer related
Jennifer, I can totally relate to your post. Being 48 and always knowing I was adopted finally joined Ancenstry last year. Have currently found 1 first cousin, one second cousin 2: 3rd cousins all of whom are all related when cross referenced. Many other 3rds that appear to be on another DNA scale. Here is to hoping NY unseals these records. It is one wall after another.
I’m trying to do some research on behalf of my mother. She was born in 1964, and I know she has other siblings. It would be nice for her to get in contact with her other family, especially since her birth parents are reaching old age (assuming they have not already passed).
I am Joanne a NY born and raised adoptee. I have been searching for my siblings for almost 40 years, Ny Foundling and other agencies need to be held accountable for lying to adoptees about where they came from and who was their siblings.I needed information for my sister who got very sick, only to find out 37 years later my grandmother died of the same illness and nobody ever told my adoptive parents anything, they lied and said”they had no medical history” that’s pretty darn funny. Then they never told my parents my Birthmother had mental illness {i don’t have it but it’s passed down}, then they lied about my aunt adopting My brother born Male Sideratos {a bogus last name a cover up Bm used} and when in fact a cousin confirmed my aunt didn’t she didn’t want any kids. My own older Brother Michael J Schenk who lived in the Bronx with my step grandmother and my Aunt ,I can’t locate him i know where he used to live but don’t know where he is now and I have looked for him the longest. We as adoptees deserve our OBC’s doesn’t matter what state although NY needs to step up but all States need to step up because why make an adoptee have to pay a court to find out about them selves ,the Birthparents signed their rights away and in some cases didn’t but still it isn’t really about them it’s about US, where did we come from, who are we, where do we fit in? It all matter’s the Same.
The laws for adoptees was made in the 1930’s old laws still on the books this long need to be looked at and changed
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Thank you for this information and working to allow the release of information. I was adopted in Rochester, NY. [Ed. note: birthdate removed for privacy]
Hi – we are all in the same boat, let’s hope NY gets it together as not everybody gets so lucky with DNA testing. If you are still searching for bio parent info and have not done testing, I strongly encourage you to do so. I found both sides of my family last year at age 51. I used both 23andMe and Ancestry and GEDMatch. Good luck to you all, and thank you Gregory for your information here.