* N.Y. OBC Tour 3 *
Governor’s Bill Jacket, L. 1936, C. 854
854 1936
Year Chapter
The New York State Library
Legislative Reference Library
Albany, N.Y.
Bill Jacket Collection
NEW YORK STATE LIBRARY
MICROFILMED
DATE 5-12-[19]60
No. of printed bills
No. of exposures exclusive of bills 53
IN ASSEMBLY
Chp. 854 April 23, 1936
Introduced by Mr. HOLLEY—read once and referred to the Committee on Public Health—committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee—committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT
[To] amend the public health law, the public welfare law, the [ju]diciary law, the domestic relations law, the inferior criminal [courts] act of New York city, and the Greater New York [Char]ter, in relation to records of birth
From No. 88
STATE OF NEW YORK
IN ASSEMBLY MAY 11 1936
Ordered, That the Clerk deliver the bill entitled
AN ACT
To] amend the public health law, the public welfare law, the [ju]diciary law, the domestic relations law, the inferior criminal [courts] act of New York city, and the Greater New York [Char]ter, in relation to records of birth
to the Senate, and request their concurrance in the same.
By order
ANSLEY B. BORKOWSKI
Clerk
1
IN SENATE
Passed Without Amendment
MAY 12 1936
By order of the SEN
[signed James J. Reilly]
CLERK
2
[The following memorandum is a typewritten draft of the Governor’s letter that appears in Message of the Governor 1936. It has handwritten alterations made thereon. Words that have been struck appear in this electronic edition as [X struck] and words that were added as [+add] ]
[X Draft of a message]
TO THE LEGISLATURE:
Last year I disapproved two bills relating to reports of births and certificates of births, Assembly Introductory 1774, Print 3048, and Assembly Introductory 2458, Print 3094.
In my memorandum I stated:
“I am in hearty sympathy with the principles and purposes of this legislation. I appreciate what the introducers and sponsors of it intend to
accomplish and I am in accord with the policy which the bills seek to embody in our law. I believe that the unfortunate children born out of
wedlock are entitled to the fullest measure of protection which the State can afford. The motive of removing the stigma of illegitimacy from
such children is a most laudable one. I regret, however, that the method by which it is sought to be accomplished in this legislation is
unfortunately so defective and would lead to such undesirable results, that I am compelled to disapprove the bills.”
The bills [X however] contained certain objectionable features. Moreover, their provisions [X do] [+did] not jibe with other laws already on our statute books. Consequently, it was felt by many leading social welfare and child agencies throughout the State that the bills might do more harm than good.
In my memorandum I stated I would invite a number of persons to serve as an unofficial commission to prepare comprehensive legislation on this
subject for presentation to the Legislature.
This Commission, of which Mr. Homer Folks is Chairman, has [+just] submitted its report [+to me]. In [X this] [+its] report it states:
“The Unofficial Commission which you appointed last May, to prepare legislation for the consideration of the Legislature with regard
to the removal of the stigma of illegitimacy from official records and certificates of birth, has been at work during the year and is now
submitting a draft of a proposed bill.
“At its first meeting, the Commission agreed that a careful study of questions involved in the registration of births of children born out of wedlock was needed. Such a study has been made at the request of the Chairman under the direction of Edward Gluck, attorney, a member of the Commission, with the assistance of Alfred Giardino of the Department of Government of Brooklyn College, both of whom generously contributed their services. This study deals quite comprehensively with statutory requirements and administrative practices with respect o records of birth and certifications of birth in this and other States. Health department officials, social workers, and others familiar with the problem of illegitimacy were interviewed. The information and points of view secured and an analysis and interpretation of them are set forth in a report which the Commission hopes to print if funds can be secured.
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“On the basis of the facts and considerations brought out in this study, the Commission was enabled to reach full agreement as to
principles and procedures, and the bill as drawn seeks to make these effective in the various statutes concerned. The general purposes of the
Commissions’s proposals are as follows:
“No direct question of illegitimacy shall be included in the form of record of birth, and there shall be nothing in the record to indicate either the legitimacy or illegitimacy of a child or the marital status of the mother.
“The official record of birth should be a statement in all respects correct in fact and in law.
“Such record should be preserved by the State, carefully guarded and not open for general inspection but available for legal purposes. Such a change seeks to protect children born out of wedlock by guarding their birth records more rigidly than at present.
“Certifications of birth, as distinguished from the original record of birth, should be used for all purposes for which a birth certificate is required, except when for legal reasons the original record of birth is necessary; and that such certifications of birth should be uniform for all persons and should give only the name and sex of the child, and the date and place of birth. This provision prevents the use of birth certificates which reveal illegitimacy in the case of children born out of wedlock.
“Provision is made for the substitution of a new record of birth in the event of the subsequent marriage of the parents of a child, or of paternity proceedings and adoptions, in which event the original record of birth is to be filed under seal and available only under court order.
“Provision is made for the first time for filing an official record of birth in the case of foundlings and abandoned children whereby the place where the child was found shall be deemed the legal place of birth, and the approximate date of birth shall be deemed the legal date of birth.”
I am also submitting to your Honorable Bodies the study on the basis of which the Commission made its recommendations.
A proposed bill has also been drafted by the Commission and this will be introduced.
I recommend to your Honorable Bodies the adoption at this session of legislation which will remove the stigma of illegitimacy from [X the] unfortunate children born out of wedlock.
