Veto Jacket 1935, Int. 2458

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[Veto Jacket 1935, Int. 2458]
Cite this as: Veto Jacket 1935, Int. 2458 (accessed MM/DD/YEAR) <http://www.bastards.org/activism/local/ny/obc/tour1.htm>
Headers and footers have ben omitted from the memorandum included herein.

Nos. 3037, 3094 Int. 2458

IN ASSEMBLY April 3, 1935

Introduced by Mr. HOLLEY—(by unanimous consent)—read once and referred to the Committee on Public Health—amended on special order of second and thrird reading, ordered reprinted as amended retaining it place on the claendar.

AN ACT

To amend the public health law, in relation to certificates of birth

The New York State Library
Legislative Reference Library
Albany, N.Y.

Veto Jacket Collection

NEW YORK STATE LIBRARY

MICROFILMED

DATE 3-17-[19]61
NO. OF PRINTED BILLS 1
NO. OF EXPOSURES
EXCLUSIVE OF BILLS 20

Assembly, No. 3094

AN ACT

To amend the public health law, in relation to the certificate of birth

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

        Section 1. Section three hundred and eighty-nine of chapter forty-nine of the laws of nineteen hundred nine, entitled "An act in relation to the public health, constituting chapter forty-five of the consolidated laws, as added by chapter five hundred and sixty-nine of the laws of nineteen hundred thirty, is hereby amended to read as follows:
        ß 383. Certificate of birth. The certificate of birth shall contain such information and be in such form as the state commissioner of health may prescribe.
        The personal particulars called for shall be obtained from competant person acquainted with the facts. If the child dies without a

given name, enter in the space provided for the name the word "Died unnamed." If the living child has not yet been named at the date of filing certificate of birth, the space for the given name of the child is to be left blank, to be filled out subsequently by a supplemental report, as hereinafter provided.
        In the event of a child born out of wedlock, the name of the putative father shall not be entered without his consent, and in the event of non-consent it shal be the duty of the mother and physician or midwife, with the consent of the mother, to supply on the birth certificate at least two given names for the child, one of which shall serve as a surname for the child, except that the name of any known living male is forbidden. The mother of the child may also use the last given name as her name. The child's last name may also be used to fill in any other data required by the birth certificate.
        The certificate shall be signed by the attending physician or midwife, with date of signature and address; if there was no physician or midwife in attendance, then by the father or mother of the child, householder, owner of the premises, manager or superintendant of public or private institution where the birth occurred, or other competant person whose duty it shall be to notify the local registrar of such birth.
        The registrar shall enter the exact date of filing of the certificate in his office attested by his official signature and registered number of birth.
        ß 2. This act shall take effect immediately.

[Following note is handwritten in original]

May 11/1935
Disapproved
Herbert H. Lehman

STATE OF NEW YORK
EXECUTIVE CHAMBER
ALBANY

May 11, 1935

MEMORANDUM filed with the following bills:

Assembly Bill Introductory Number 1774, Printed Number 3048, entitled:

"AN ACT to amend the Greater New York charter, in relation to birth reports."

Assembly Bill Introductory Number 2458, Printed Number 3094, entitled:

"AN ACT to amend the public health law, in relation to certificates of birth."

N O T A P P R OVED

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 permit an unmarried mother "to supply on the birth certificate at least two given names for the child, one of which shall serve as a surname for the child, except that

A. Int. #1774, Print#3048
A. Int. #2458, Print#3094..................................................2

the name of any known living male is forbidden. The mother of the child may also use the last given name as her name. The child's last name may also be used to fill in any other data required by the birth certificate." This clearly means that the law would permit a false entry upon a birth certificate. It is contrary to policy and logic to allow the furnishing of flase information for public records. Deviation from veracity, legally permitted, is likely to open to doubt the truthfulness of all vital statistics.
        The bills make no attempt to adjust the new provisions to the large number of statutes relating to names. Our books are fill of enactments, civil and criminal, which deal with the use of assumed or false names. A well-framed bill with respect to names of illegitimate children must take into consideration these other statutes, particularly those involving descent of property.
        The proposed legislation would facilitate the concealment of the fact from the public authorities in relation to children born out of wedlock and would assist the fathers and mothers of such children in escaping responsibility for their care and support. This is contrary to the principles and practices of child welfare organizations dealing with unmarried mothers and their children.
        I have received a great many communications from leading social welfare and child agencies throughtout the State calling my attention to the inadvisability of approving these bills in their present form on the ground that they would do more harm than good. These protests, coming from organizations

A. Int. #1774, Print#3048
A. Int. #2458, Print#3094..................................................3

which have had practical experience in dealing with the problems presented by the birth of illegitimate children, all recognize the necessity for corrective legislation. I believe that sufficient studies have been made so that the State should be in a position to enact this legislation at the next session of the Legislature.
        I am accordingly inviting a number of persons to serve as an unofficial commission to prepare comprehensive legislation dealing with this subject for consideration by the Legislature next year. This unofficial commission will cooperate with the various organizations interested in this subject, to formulate an effective law to afford illegitimate children the protection which they require and which the State owes them.
        I am asking to serve as members of the commission the following: Homer Folks, Chairman; Judge John Warren Hill of the Domestic Relations Court of New York City; Miss Frances Taussig; Monsignor Keegan; Robert Lane; William H. Matthews; Miss Jane Hoey; Mrs. Benjamin L. Buttenwiser; Stanley davis; Judge Cecil B. Wiener of the Children's Court of Buffalo; Charles J. Tobin; Judge George W. Smyth of the Children's Court of Westchester; Dr. Solomon Lowenstein and Joseph J. Canavan.
        The two bills are disapproved.
[signed Herbert H. Lehman] 3

Form No. 87

STATE OF NEW YORK

In Assembly, APR 12 1935

This bill was duly passed, a majority of all the members elected to the Assembly voting in favor thereof, three-fifths being present. By order of the Assembly

[signed]
Speaker

STATE OF NEW YORK

In Assembly, APR 16 1935

This bill was duly passed, a majority of all the Senators elected voting in favor thereof, three-fifths being present. By order of the Senate

[signed]
President

AN ACT

To amend the public health law, in relation to certificates of birth

STATE CHARITIES AID ASSOCIATION

April 17, 1935. Mr. Charles Poletti,
Executive Chamber,
Albany, N.Y. In opposition to:
Assembly Int. 2458, Pr. 3094
By Mr. Holley My dear Mr. Poletti:

We believe that this bill in relation to birth certificates of illegitimate children is exceedingly unwise. Just as soon as I can find time to get a memorandum together, we will file our opposition with the Governor, but I am afraid that I will not have a chance to do it before the beginning of next week.

If there should be any chance of the Governor's acting on this bill before that time, would you be so good as to let us know?

Sincerely yours,
[signed Elsie M. Bond]
Assistant Secretary.

EMB G

STATE OF NEW YORK
DEPARTMENT OF SOCIAL WELFARE
ALBANY April 17, 1935

Hon. Herbert H. Lehman
Governor, State of New York
Executive Chamber
Albany, New York Re: Assembly bill Int. 2458
Pr. 3094, entitled "An Act to
amend the Public Health Law,
in relation to certificates
of birth." Dear Governor Lehman:

This bill has been passed by both Houses of the Legislature and is now before you for consideration.

The existing provision of law that in the case of a child born out of wedlock the name of the putative father shall not be entered upon the birth certificate without his consent is continued. This seems to be a proper provision though it might be well to provide further that a birth certificate may be amended by the insertion of the name of the putative father in cases where paternity is established by legal procedure as provided in the Domestic Relations Law.

The bill further provides that in the event of non-consent by the putative father it shall be the duty of the physician or midwife to supply on the birth certificate at least two given names for the child, one of which shall serve as a surname for the child, except that the name of any known living male is forbidden. The exact effect of this proposed provision of law is uncertain as it applies only in cases where the putative father has refused to consent to the appearance of his name on the birth certificate as father of the child. The result seems to be that two names must be given to a child born out of wedlock if the putative father refuses to consent to the appearance of his name on the certificate but that no provision is made for giving names to the child if the putative father does so consent. This is a serious defect in the form of the bill in question and seems in itself to furnish sufficient reason for the disapproval of the bill.

7 Hon. Herbert H. Lehman....2

The bill further provides that "the mother of the child may also use the last given name as her name." This means, in effect, that a false statement as to the name of the mother would be legally authorized to appear upon a public document, namely, the birth certificate. The State Charities Law, section 303, as amended by chapter 802 of the laws of 1934, provides that every maternity hospital whether incorportated or otherwise, must keep a record showing among other things the full and true name and address "of every such woman or girl and of each child of such woman or girl received, admitted or born on the premises." It is the evident purpose of this legislation and of the legal requirement that birth certificates be filed, to make possible the identification of every child born in the state and of its parents. This provision of the bill in question would effectively defeat this purpose by authorizing the use of a fictitious name by the mother of the child upon the birth certificate.

This bill would facilitate concealment of the facts in relation to children born out of wedlock, would effectively destroy means of identifying such children and would assist the fathers and mothers of such children in escaping responsibility for their care and support. Its provisions are contrary to the principles and practices of child welfare organizations dealing with unmarried mothers and their children. It would encourage and make easy the desertion of such children by their mothers. As already pointed out, it would make legal the entry of a false statement upon a public document.

Students of the problem of illegitimacy and individuals and agencies working in the interests of children born out of wedlock and their mothers, are generally agreed that as a principle such mothers should be encouraged and assisted to retain the care and custory of their children unless there is definite evidence in the facts of a particular case that separation is necessary or desirable in the interest of the child. The bill in question appears to overlook the interest of the child and would operate to facilitate avoidance by the mother of the responsibilities of motherhood.

For these reasons I believe that the provisions of this bill are contrary to the public interest and that it should not be approved.

Yours very sincerely
[signed David C. Adie]
Commissioner

STATE OF NEW YORK DEPARMENT OF HEALTH
ALBANY
April 17, 1935

The Honorable Herbert H. Lehman
Executive Chamber
Albany, N.Y. Attention of Mr. Poletti My dear Governor Lehman:

Your disapproval is respectfully requested of Assembly bill Int. No. 2458, Print No. 3094, entitled:

"AN ACT to amend the public health law, in realtion to certificates of birth."

It is with considerable regret that I feel impelled to request a veto of this measure. The bill was sponsored by an "Equal Rights for Babies Committee" which Committee was actuated by the most laudable motive of removing the stigma of illegitimacy from childrn born out of wedlock. The method by which they seek to accomplish this, however, is not sound in principle or method.

The bill permits an unmarried mother to "supply on the birth certificate at least two given names for the child, one of which shall serve as a surname for the child, except that the name of any know living male is forbidden. The mother of the child may also use the last given name as her name. The child's last name may also be used to fill in any other data required by the birth certificate." This, clearly, means that the law would permit a false entry upon a birth certificate. Another provision of the Public Health Law specifies penalties for furnishing false information. it is contrary to sound logic to allow in certain exceptional cases the furnishing of flas information. This, in my opinion, is the prime objection to the bill. If it becomes generally known that such a derivation from veracity is legally permitted, it is likely to open the truthfulness of all vital statistics records to doubt.

Governor Lehman .2. April 17, 1935

I may add that when proof of birth is needed, a certification of birth and not a complete transcript suffices in practically all cases. This certification, as you will see from the attached sample, makes no mention of the parentage of the child and the form is identical for illegitimate and legitimate children, except that in cases of legitimate children the names of the parents are also usually given.

In the last few years various organizations have given serious thought to the problem of illegitimate and adopted children. For example, several years ago the Vital Statistcs Section of the American health Association appointed a committee to study this subject and to make definite recommendations. We hope that a workable proposal may thus be formulated in the near future.

During the next year, our Division of Vital Statistics will be glad to work with the other vital statistics authorities in the country in an effort to formulate an acceptable program for submission to the Legislature next year.

I regret very much that because of the many and complicated problems involved in the certification of birth of illegitimate children we have not heretofore been able to prepare a workable plan. This, however, should not lead us to support a plan which is wrong in principle. I am informed that objection to the bill has been filed by the following: State Charities Aid Association, Inc., Catholic Charities of Archdiocese of New York, Jewish Social Service Association, Inc., and the Department of Social Welfare.

If you do not approve the bill, it would be desirable for you to issue a statement accompanying your disapproval which statement could very appropriately contain some of the facts I have cited herein.

Respectfully,
[signed]
Thomas Parran, Jr.

[page eleven contains the above mentioned sample certification of birth]

[pages twelve and thirteen have been scanned; use the links directly below]
Catholic Charities of the Archidiocese of New York, Memorandum to the Governor, April 18, 1935

STATE CHARITIES AID ASSOCIATION

April 24, 1935.

Hon. Herbert H. Lehman
Executive Chamber
Albany, N.Y. In opposition to Assembly Int. 2458, Pr. 3094,
by Mr. Holley Dear Governor Lehman:

The State Charities Aid Assocation is in sympathy with the purpose of this bill, which is to protect illegitimate childen from having the fact of their illegitimacy become known through the use of birth certificates, but is convinced that the method proposed is unwise, unnecessary and ineffective.
The ssociation believes that children born out of wedlock need greater protection than they now receive. It is a generally known fact that the death rate of illegitimate children is higher thanthat of children born in wedlock and that a special effort is necessary to protect these children. Some States have considered it desirable to have every illegitimate birth reported to a State agency so that special official protection can be given, if needed, to such children. If this proposal to conceal the fact of illegitimacy on the birth record operates as it is intended to do, it would remove all possibility of extending any special protection to these children. From its long experience in dealing with this type of case, the Association is sure that the State should move in the direction of developing special health and welfare protection for children

Hon. Herbert H. Lehman ——— 2 April 24, 1935.

born out of wedlock, and that this proposal to prevent the recording of the fact of illegitimacy on the birth record would be actually detrimental to the welfare of such children.
        Protection of the child from exposure of the fact of his illegitimate birth through the use of his birth certificate can be accomplished much more simply by use of a "certification" of birth giving only the child's name, date and place of birth, and a statement indicating that a birth record is available. This form of "certification" is used in many instances by the State Department of Health and the New York City Department of Health, and is accepted, without question, for school registration, working papers, passports, and other purposes for which birth certificates are most frequently used. The use of such birth "certification" could at once be made mandatory by administrative order in the State Department of Health and the New York City Charter could be amended at the next session of the Legislature. If the birth "certification" forms were put into use, fac-simile or photostatic copies of the full record would be used only in special instances involving legal proceedings. For this reason we see no necessity for falsifying the birth record for the purpose of giving the desired protection to the child born out of wedlock.
        There seems to us grave doubt whether the law should authorize deliberate falsifying of public records of birth. A birth record is intended to establish the identity of a child, but under the provision for entering on the birth record an imaginary individual as the father and authorizing the mother to assume one of the names given to the child, the loss of the child's identity might easily occur.
        Aside from the fundamental unsoundness of the proposal, we are inclined to believe that the bill is so loosely drawn that it would not necessarily accomplish the objective of its proponents. The bill states that the second of the two names

15 Hon. Herbert H. Lehman ———3 April 24, 1935.

given to the child may be used to fill out the part of the birth record relating to the father. Unless all of the items relating to the father on the birth record — given name, residence, color or race, age, birth place, and occupation — are filled in, the record will still suggest illegitimate birth. Therefore, unless full details as to the non-existent and imaginary father are entered on the birth record, the fact of illegitimacy will not be concealed. Another provision which is questionable is the requirement that "use of the name of a known living male is forbidden". The quesrtion immediately arises "known" to whom? It would seem doubtful whether any combination of two given names which is not the name of some living male could be found.
For these reasons we strongly urge your veto of this bill, which, we believe, is fundamentally unsound and would be actually detrimental to the welfare of children born out of wedlock.

Sincerely yours,
[signed Homer Folks]
Secretary.

[pages seventeen through nineteen are duplicates of fourteen through sixteen]

[page twenty is a memorandum from the New York Foundling Hospital which will be added soon]

The sealing of original birth certificates continues...
To Message of the Governor 1936 >>

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