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Bastard Nation Statement of Opposition to New York A5036: The same old same old!

February 28, 2017 News 1 Comment

A5036 was introduced in the New York Assembly  on February 6, 2017 by Rep. David Weprin.  It is the same dirty bill that was flogged last session (see  BN Leg page 2016 for details) and shuttled off to limbo after it was soundly denounced by adoptees and their families in New York and around the country.   The bill contains a  Disclosure Veto with birthparent notification of request,  OBC redaction,  and even, in some cases ADOPTIVE PARENT in-put.

Bill points:

  • Adopted person age 18 or older can apply to the court to request a certified  copy of their long form OBC.
  • When application is received, the court provides the New York Department of Health with the identifying information of the birth parent or parents The DOH has 120 days to contact the parent(s) to seek consent for release of a clean OBC.
  • If birthparents want “confidentiality” the adopted person gets a certified but redacted OBC with parental identifying information blacked-out.
  • If two parents are listed but only one is able to be contacted, it is up to the court’s discretion whether to release the other parent’s information. If a parent cannot be contacted or does not respond to the DOH, it will be up to the court’s discretion to determine if a full release  would be detrimental to the welfare of the birth or ADOPTIVE parents.
  •  “Contact Preference” Form for birthparents who consent to the release of identifying information which includes  options of “contact through a CI,” “agree to contac”t or “do not contact me.”
  • Medical history forms will be given to the birthparent.
  •  DOH will widely disseminate information concerning the  law for birthparents to see.
  • Moving forward: at the time of surrender parents will be asked to check a box indicating whether they would want the child to receive a certified copy of their OBC when they turn 18. It is up to the birth parent to contact the DOH if they move or change their mind about which box they check off.

As of this writing the bill is in the Assembly Health Committee.
Bastard Nation believes that A5036 is irredeemable. It will not and cannot be amended to  clean access. We believe that A5036 is a dangerous bill that if passed, will adversely effect OBC access and adoptee equality throughout the United States. The bill has received little publicity so far, and we believe Rep. Weprin and a handful of NYS deformers hope to sneak pass the bill while the focus of the country is on the Trump administration and national and international issues.

At this time Bastard Nation is not issuing an action alert.  We urge, however,  New York and New York-connected adoptees to contact  sponsors (whose names can be found on the NY Assembly legislative page) to withdraw support for A5036 and return a clean bill that advocates adoptee equality and OBC access without restriction.

New York Assembly Directory

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Currently there is "1 comment" on this Article:

  1. Jane McNulty says:

    As of yesterday, March 10, it appears a clean bill was introduced in the Senate by Tony Avella. Please look into this and give us updates, if possible. As of now, there are 2 Senate bills in 2different committees. Thank you!

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SAMPLE STATE ORGANIZATION RESOLUTION AGAINST VETOES AND OTHER RESTRICTIONS

SAMPLE STATE ORGANIZATION RESOLUTION AGAINST VETOES AND OTHER RESTRICTIONS

Any political organization seeking to enact true open records legislation should be very clear with both their constituents and the legislators they work with about what the essential provisions of the proposed bill are. Any modification or deletion of the essential provisions of a bill should be immediate cause to have the bill killed.

Any political organization seeking the assistance of Bastard Nation to pass open records legislation must hold unconditional access by adult adoptees to the original record of their birth as an essential provision that cannot be modified or deleted. Read our Mission Statement.

Bastard Nation will not assist any political organization to pass open records legislation unless their governing board or other leadership

passes a written resolution such as the following that commits the board to a strategy of no compromise on key provisions
informs its constituents of this commitment and this strategy
informs the sponsoring legislators of this commitment and this strategy.

WHEREAS we recognize that disclosure and contact vetoes, redactions, mandatory intermediaries and registry provisions are an affront to the dignity of adopted persons everywhere and a violation of their right to due process and equal treatment under the law,

WHEREAS there has been a demonstrable negative effect on the ability to pass unconditional open records in states that have passed veto legislation and/or any provisions that are less than unconditional access on demand by the adult adoptee,

WHEREAS our primary goal is to restore the right of adult adoptees everywhere to be treated as full citizens under the law,

WE HEREBY DECLARE that under no circumstances will we accept the addition of veto, redaction, intermediary, or registry provisions, or any conditional provisions to our legislation that would be less than unconditional access for adult adoptees to the original record of their birth. All legislative sponsors and members of this organization will be informed of our policy on this matter to ensure that the bill is pulled promptly in the event of such revisions.