Gov. Hochul: Bill clears way for all foreign-born adoptees to get birth certificate

New Yorkers who were adopted from a foreign country by state residents can get a birth certificate even if they are now adults, after Gov. Kathy Hochul signed a related bill into law Friday. The governor said an amended version of the legislation eliminates any doubt about who is eligible, according to a statement released Tuesday by her press office.

The legislation authorizes the state health commissioner to now file a birth certificate for people adopted from a foreign country, "regardless of the age of the adoptee." Previously, the issuance of birth certificates to foreign adoptees was limited to children.

"I support the goal of this bill, which is to allow equal access for foreign-born adoptees, regardless of age," Hochul said in the statement. "However, the bill contains a reference to foreign-born persons "over the age of eighteen at the time of adoption." Because the term 'child' can refer to persons aged eighteen and under, this reference may inadvertently exclude persons who are eighteen."

Hochul added that "the bill should be amended to address this concern. I have reached an agreement with the Legislature to enact this change in the upcoming legislative session. On the basis of this agreement, I am pleased to sign this bill into law. This bill is approved."

The legislation becomes effective Dec. 21, Hochul's office said.

Assemb. Amy Paulin (D-Westchester), chair of the Assembly Health Committee, sponsored the bill in that chamber.

Paulin said in a statement Monday that language in the current law authorizing the issuance of birth certificates of foreign adoptees to children "has created significant barriers for foreign-born adoptees who were adopted after the age of 18 or those who were adopted before the age of 18 but whose families failed to obtain a New York State birth certificate before the adoptee became an adult. Because the law specifically refers to an adopted 'child,' the Department of Health has refrained from issuing birth certificates to these individuals."

The legislation was sponsored in the state Senate by Sen. Brad Hoylman-Sigal (D-Manhattan), who said in a statement: "Our bill will close a loophole which precludes foreign adoptees from obtaining a New York State birth certificate once they turn 18," adding the law was "just a small step we as lawmakers can take to assist [adult adoptees'] journey towards creating new families, pursuing new opportunities, and finding a home in New York."

Patrick Young, an immigration law professor at Hofstra University Law School, praised the change in the law, noting the challenges an adoptive adult can face without being able to acquire a New York State birth certificate.

"They would have to go back to their home country, which could be quite expensive, or [have] to hire and intermediary to obtain the birth certificate from their home country," Young said. "... So if I'm getting a birth certificate from China, which would not be in English, it wouldn’t have the name the adoptive parents gave the child, but only the birth mother’s name, and it would not have the adoptive parents' names."

Young said he was adopted after being born in the United States "to an immigrant mother." He said the new law will be helpful for "New Yorkers who adopt from abroad. ... We don’t often think of adoptees. But I know, as an adoptee, I get questions from other adoptees when I reveal myself."

Minerva Perez, executive director of OLA of Eastern Long Island, a nonprofit group focused on issues affecting the region's Hispanic community, said: "This legislation certainly has meaningful impact and we are grateful for the support it’s receiving. This is an important time to recognize how legislation should be supporting family structures and not attacking them."

By Olivia Winslow

olivia.winslow@newsday.com@newsollie