• Article I, "Bill of Rights"

Section 6.  No person shall be deprived  of life, liberty or property without due process of law.
Section  11.   No person shall be denied the equal protection of the laws of this state or any subdivision thereof.

• Domestic Relations Chapter 14 Article 7 Titles 1-4:Title 2, Section 114 seals court adoption records.

Court adoption records were sealed in 1935.
"No order  for  disclosure or access and inspection shall be granted except on good cause shown and on due notice to the adoptive parents and to such additional persons  as the  court  may  direct."

• Public Health Chapter 45 Article 41 Title 3: Section 4138 seals adoptees' original birth certificates.

Original birth certificates were sealed in 1936.
"The  registrar shall  make  a copy of the new certificate for the local record and hold the contents of the original local record confidential  along  with  all papers and copies pertaining thereto. It shall not be released or otherwise divulged except by order of a court of competent jurisdiction."

• Social Services Chapter 55 Article 6 Title 1: Section 372 seals agency adoption records.

Agency adoption records were sealed in 1923.
"Such records kept by the department shall be deemed confidential and  shall be  safeguarded from coming to the knowledge of and from inspection or examination  by  any  person  other  than  one  authorized,   by   the department,  by  a  judge of the court of claims when such records are required for the trial of a claim or other proceeding in such court or by a justice of the supreme court, or by a judge of the  family  court when  such  records are required for the trial of a proceeding in such court, after a notice to all interested  persons  and  a  hearing,  to receive  such knowledge or to make such inspection or examination."

• Social Services Chapter 55 Article 6 Title 1:  Sections 383-c (3) (b) and  383-c (5)(b)(ii) dictate conditions of judicial surrenders.

These consequences of the surrender were enacted in 1990 (!).

"The judge  or  surrogate also shall inform the parent of the consequences of such surrender, including informing  such  parent  that  the  parent  is giving  up  all rights to have custody, visit with, speak with, write to or learn about the child, forever, unless the  parties  have  agreed  to different  terms pursuant to subdivision two of this section, or, if the parent registers with the adoption information register, as specified in section  forty-one hundred thirty-eight-d of the public health law, that the parent may be contacted at any time after the child reaches the  age of  eighteen  years,  but only if both the parent and the adult child so choose. The judge or surrogate also shall inform  the  parent  that  the surrender  shall  become  final  and  irrevocable  immediately  upon its execution and acknowledgment."

• "Freedom Of Information Law" -- N.Y. Public Officers Law Article 6

 
• Public Health Forum -- NYS Department of Health

What you should know about Freedom of Information.
 
• "Personal Privacy Protection Law" -- N.Y. Public Officers Law Article 6-A

• Public Health Forum -- NYS Department of Health

What you should know about Personal Privacy Protection.
 
• N.Y. Judiciary Law Article 8, Section 255

• NYS Department of State -- Committee on Open Government

"The Committee on Open Government is responsible for overseeing and advising with regard to the Freedom of Information, Open Meetings and Personal Privacy Protection Laws (Public Officers Law, Articles 6, 7 and 6-A respectively)."
• FOIL Advisory Opinions on "Adopted 'Children'" and "Birth Records, Pertaining to Adoption."
• FOIL Advisory Opinion on "Adopted 'Children'"

• "Human Rights Law" -- N.Y. Executive Law Article 15

• NYS Division of Human Rights

• NYS Department of Health Adoption and Medical Information Registry

 
• Public Health Chapter 45 Article 41 Title 3: Section 4138-c

• NYS Archives and Records Administration FAQ

"How do I find adoption records in New York State?"

• NYS Library, Genealogy Collection FAQ

Where can I find information on adoption?

• NYS Library - Genealogy - Adoptees

Search Strategy Material; Helpful Organizations; Materials Concerning Open Records; Accounts of Actual Searches.

• NYS Unified Court System
• Division of Legal Information and Records Management
• Policy 4.0 Filming Sealed Records (March, 1993)
• Policy 5.0 Destruction of Records (April, 1993)

Shred 'em and Burn 'em.

• Adoption Home Page

Department of Family Assistance (formerly NYS Department of Social Services).
Adoption Brochure: Adopt a New York Waiting Child: Maintaining Connections, Medical Records

• Terminal Illness Emergency Search (T.I.E.S.)
• NY Reunion Stories: Karen's Story
• NY Searches In Progress: Greg, Pat, DJ, Amy

• Pat Denn's Adoption Reform

This page has useful information on some legislators' positions on open records.

• NYandCA List

"This is a search posting list for all triad members searching in either New York State or California.  This list is strictly for posting search info, exchanging searching tips and updates on legal matters pertaining to adoption. There will be no NAR (non adoption) topics what so ever."  Established April 22 1998, approximately 200 subscribers (varies).

The list maintains a searchable archive of its digests, which is available to the public.  Especially interesting is Message #413 "Fwd: Fwd: New York Registry Meeting " from Digest #99.  It reports on an August 31, 1998 meeting with Peter Carucci, Director of Vital Records for NYS Dept. of Health; Kelly Hansen, Legislative Counsel for NYS Dept.of Health; Dave Smingler, Executive Assistant to Senator Hugh Farley (44th district).

For all of you New Yawk 'doptees, bpars, apars (and anyone simply interested), a new discussion list has recently begun: NYLeg. It is a forum for discussing adoption-related politics and legislation in the Empire State. To subscribe, address a message to:majordomo@lakenet.org  In the body, type: subscribe nyleg(end)  The list is unmoderated. The list owner is: Lesli LaRocco, lesli@lightlink.com.  Established 1999, approximately 25 members (varies).

• Adoption Option Concept Paper

New York State Department of Social Services 1992
"New York State's adoption system should be structured to provide adoptees with the information they need and want."

• Sealed Adoption Records and the Search for Identity

Joint Public Hearing, April 28, 1976, Albany, New York
Includes testimony from Betty Jean Lifton, Gertrud Mainzer, Lorraine Dusky, and many others.

• Sealed Adoption Records and the Search for Identity

1976 testimony by Vincenette Scheppler to NYS Commission on Child Welfare.

• Adoptive parents favor opening adoption records, Cornell study finds

The Cornell Chronicle Feb. 6, 1997

• New York State Abandons Victims of Institutional Child Abuse

A report prepared by New York State Senator Franz S. Leichter (D-L, Manhattan, Bronx) September, 1993.
"The Department [of Social Services] has tried to hide its mismanagement of its investigatory program behind broad claims of confidentiality. "

• Secrets That Can Kill: Child Abuse Investigations in New York State

Temporary Commission of Investigation of the State of New York
"Confidentiality and expungement laws [...] shield this system from oversight and accountability."

• Adoptive Parents' Committee of New York

Participant in Doe v. Sundquist suit.
Amicus Curiae in People ex rel. Scarpetta v. Spence-Chapin A.S. 28 N.Y.2d 189, 321 N.Y.S.2d 65, 269 N.E.2d 787 (1971)

• Aaron Britvan, Esq.

Participant in Doe v. Sundquist suit; quoted in "Agency plays role in reunions."
Represented Adoptive Parents Committee (APC) in Scarpetta v. Spence-Chapin (see entry for APC above)
 
• Louise Wise Services

See Testimony of Shad Polier (deceased), then counsel for LWS in Sealed Adoption Records and the Search for Identity (above); Juman v. Louise Wise Services; CBS' 60 Minutes "Steals and Lies" September 21, 1997, July 5, 1998; Golan v. Louise Wise Services, 507 N.E.2d 275, 69 N.Y.2d 343, 514 N.Y.S. 2d 682 (Ct.App. 1987);
 
• National Council for Adoption (NCFA)

Notorious opponent of adoptee rights everywhere.  See History of the NCFA by Shea Grimm.
 
• NCFA recommended adoption attorneys for New York

Aaron Britvan (see entry above)
Nancy S. Erickson
Gregory A. Franklin
Frederick J. Magovern (of Magovern & Sclafani)
Suzanne B. Nichols (of Rosenstock Lowe & Nichols)

• NCFA member agencies in New York

1) Catholic Home Bureau, NY, NY see Matter of Louis F. [Catholic Home Bureau], 42 N.Y.2d 260, 397 N.Y.S.2d 735, 366 N.E.2d 824.
2) Community Maternity Services, Albany, NY (a Roman Catholic Diocese of Albany agency/organization)
3) The Gladney Center, NY, NY
4) Latter Day Saints (LDS) Social Services, Poughkeepsie, NY
LDS Social Services by C. Ross Clement; Adoption of Children by Ryan L. Thomas

See also Bastard Nation's Tour of Anti-Adoptee Sites