Provides for the issuance of birth certificates of a deceased parent to their child.
Summary
This bill amends the Public Health Law to allow a child of a deceased parent to obtain a certified copy or certified transcript of that parent’s birth certificate upon specific request. To qualify, the child must provide proof of consanguinity or adoption, in a manner consistent with regulations issued by the Commissioner of Health. The bill leaves intact the existing rules allowing access to birth records by the person named on the record, a parent or lawful representative, court order, and government agencies.
In practical terms, the measure creates a new statutory pathway for adult children or adopted children to access a deceased parent’s birth certificate, which may be needed for genealogy, estate matters, citizenship, inheritance, family history, or other legal and personal purposes. The bill takes effect immediately upon enactment and would require the Department of Health to administer the new access provision through its existing records system and any implementing regulations.
Impact
The bill would amend section 4174 of the Public Health Law, expanding who may request certified copies or transcripts of birth certificates from the Department of Health. It adds a new category of authorized requester: a child of a deceased parent who can prove the relationship by blood or adoption. The change affects state vital records access rules and may increase the number of eligible requests for historical birth records, while preserving current confidentiality limits for other requesters.
Sentiment
The available record shows no committee transcript or vote history, so there is no documented debate or recorded opposition in the materials provided. Based on the bill text and caption, the measure appears straightforward and administrative in nature, aimed at facilitating family access to records rather than changing substantive rights. The overall tone suggested by the proposal is neutral to supportive, with the bill framed as a targeted records-access expansion.
Contention
The main potential point of contention is privacy and the scope of access to vital records, since birth certificates are generally restricted documents. Any concerns would likely center on whether proof of consanguinity or adoption is sufficient, how the Department of Health will verify eligibility, and whether expanding access could affect record confidentiality. No specific objections, amendments, or opposing viewpoints are included in the provided materials.
Establishes confirmatory adoptions allowing adoption and parentage judgements for a child with more than two parents; recognizes functional parents as legal parents; allows "de facto parents" to get a court order confirming their parentage; grants all legal parents standing to seek visitation or custody of their children.
An act to amend Section 1798.24 of the Civil Code, and to amend Sections 102645 and 102685 of, to amend, repeal, and add Section 102705 of, to add Sections 102620 and 102706 to, and to repeal Section 102675 of, the Health and Safety Code, relating to vital records.