§ 4138-b. Birth certificate: foreign adoption. 1. Whenever the\nfinalization of a foreign adoption or recognition of a foreign adoption\nof a person of any age pursuant to section one hundred eleven-c of the\ndomestic relations law, or the adoption of a foreign-born person of any\nage at the time of adoption has been reported to the commissioner, the\ncommissioner shall file a birth certificate for the adopted person\nprovided there is no other birth certificate or other birth record on\nfile other than in the country where such person was born and provided,\nfurther, that a certificate of birth data does not exist for that\nperson. Such birth certificate shall be filed upon receipt of: proof\nthat the adoptive parent was a resident of this state at the time of\nadoption or that the adoptee was lawfully adopted within the State of\nNew York; if the adoptee was adopted in a foreign country or\njurisdiction, a copy of the adoption documents of the jurisdiction or\ncountry in which the person was adopted; a certified translation of the\nforeign adoption documents, evidence of the date and place of the\nadopted person's birth; and evidence of IR-3, IR-4 or IH-3 immigrant\nvisa status or a successor immigrant visa status. The birth certificate\nshall include the adopted person's name, sex, date of birth, time of\nbirth, place of birth, mother's maiden name, and father's name. A birth\ncertificate issued pursuant to this section which has been filed by a\nlocal registrar and all supporting documentation shall be submitted by\nthe local registrar to the commissioner who shall file a new birth\ncertificate pursuant to this section.\n 2. A petitioner may submit an attorney certified copy of the adoptee's\nforeign birth certificate, or similar confirmation of birth, and\nadoption decree, and copies of attorney certified translations of the\nforeign documentation in connection with the finalization of a foreign\nadoption or recognition of a foreign adoption pursuant to section one\nhundred eleven-c of the domestic relations law.\n 3. This provision shall be deemed retroactive so that an adopted\nperson who was adopted in accordance with this section prior to the\neffective date hereof may obtain, upon application, a birth certificate\npursuant to this section.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.