§ 2.  Section three hundred and eighty-seven of said chapter, as last amended by chapter three hundred sixty-seven of the laws of nineteen hundred twenty-five, is hereby amended to read as follows:
         § 387.  Records to be kept by state commissioner of health.  [...]
         A new certificate of birth shall be made whenever:
         (a)  proof  is submitted to the state commission[*]  of health that the previously unwed parents of a person have intermarried subsequent to the  birth  of  such person;
         (b)  when notification is received by the state commissioner of health from the clerk of a court of  competent  jurisdiction of a judgment, order or decree relating to the parentage or adoption of a person;
         (c)  proof is submitted to the state commissioner of health that there has been entered in a court of  competent  jurisdiction a judgment, order or decree relating to the parentage or adoption of a person.
         On every  new  certificate  of  birth  made because of adoption a notation “by adoption” shall be entered.
         When a new certificate of birth is made the state commissioner of health shall substitute such new certificate for the certificate  of  birth  then  on file,  if any, and shall notify the registrar of the district in which the birth occurred, except in cases of adoption that a new certificate of birth has been made and such fact shall be noted on the copy of the certificate of birth there on file, if any.  The state commissioner of health shall place the original certificate of birth and all papers pertaining to the new certificate of birth under seal.  Such seals shall not be broken except by order of a court of competent jurisdiction.  Thereafter when a certified copy of the certificate of birth of such a person is issued, it shall be a copy of the new  certificate  of birth,  except  when an order of a court of competent jurisdiction shall require the issuance of a copy of the original certificate of birth.
[...]
         § 15.  This act shall take effect September first, nineteen hundred thirty-six.

[Footnote *]

         § 14.  Section three hundred and eighty-seven of such public health law, as separatenyl amended by chapters one hundred and fifty and five hundred and forty-four of the laws of nineteen hundred thirty-nine, is hereby amended to incorporate the amnendments made by such chapters in a single section to read as follows:
         § 387.  Records to be kept by state commissioner of health.  [...]
         A new certificate of birth shall be made whenever: (a)  proof  is submitted to the state commissioner of health that the previously unwed parents of a person have intermarried subsequent to the  birth  of  such person;  (b)  notification is received by or proper proof is submitted to the state commissioner of health by the clerk of a court of  competent  jurisdiction or the parents,  or their attorneys, or the person himself, of a judgment, order or decree relating to the parentage or adoption of such person regardless of the place of birth of such person.
         On every  new  certificate  of  birth  made because of adoption a notation “by adoption” shall be entered.
         When a new certificate of birth is made the state commissioner of health shall substitute such new certificate for the certificate  of  birth  then  on file,  if any, and shall notify the registrar of the district in which the birth occurred, except in cases of adoption that a new certificate of birth has been made and such fact shall be noted on the copy of the certificate of birth there on file, if any.  The state commissioner of health shall place the original certificate of birth and all papers pertaining to the new certificate of birth under seal.  Such seals shall not be broken except by order of a court of competent jurisdiction.  Thereafter when a certified copy of the certificate of birth of such a person is issued, it shall be a copy of the new  certificate  of birth,  except  when an order of a court of competent jurisdiction shall require the issuance of a copy of the original certificate of birth.
[...]
         § 15.  This act shall take effect immediately.

S  4138.  Birth  certificate;  new  certificate  in case of subsequent marriage of unwed parents; adoption; adjudication of  parentage.
        1. A new certificate of birth shall be made whenever:
         (a)  proof  is submitted to the commissioner that the previously unwed parents of a person have intermarried subsequent to the  birth  of  such person; or,
         (b) notification is received by, or proper proof is submitted to, the commissioner by the clerk of a court of  competent  jurisdiction or the parents,  or their attorneys, or the person himself, of a judgment, order or decree relating to the parentage; or,
         (c) notification is received by, or proper proof is submitted to, the commissioner by the clerk, as aforesaid of a judgment, order or decree relating to the adoption of such person regardless of the place of birth of such person.
         2. On every  new  certificate  of  birth  made because of an adoption  a  notation that it is filed pursuant to paragraph (c) of subdivision one of section four thousand one hundred thirty-eight of the public health law shall be entered thereon.
         3. When a new certificate of birth is made the commissioner shall substitute such new certificate for the certificate  of  birth  then  on file,  if any, and shall notify the registrar of the district in which the birth occurred that a new certificate of birth has been made and such fact shall be noted on the copy of the certificate of birth there on file, if any.
         4. The commissioner shall place the original certificate of birth under seal.  Such seals shall not be broken except by order of a court of competent jurisdiction.
         5. Thereafter when a certified copy of the certificate of birth of such a person is issued, it shall be a copy of the new  certificate  of birth,  except  when an order of a court of competent jurisdiction shall require the issuance of a copy of the original certificate of birth.[28]

[Footnote 28]  NOTE.—Derived from former § 387.

         An Act to amend the public health law, in relation to preservation of certain original certificates of birth.
        Approved and effective March 21, 1967.

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

         Section 1.  Subdivision four of section forty-one hundred thirty-eight of the public health law is hereby amended to read as follows:
         4.  The commissioner shall place may make a microfilm or other suitable copy of the original certificate of birth and all papers pertaining to the new certificate of birth under seal.  Such seals shall not be broken.  In such event, the original certificate and papers may be destroyed.  All undestroyed certificates and papers and copies thereof shall be confidential and the contents thereof shall not be released or otherwise divulged except by order of a court of competent jurisdiction.
         § 2.  This act shall take effect immediately.

         3. (a) When a new certificate of birth is made the commissioner shall substitute such new certificate for the certificate  of  birth  then  on file,  if any, and shall notify send the registrar of the district in which the birth occurred that a copy of the new certificate  of  birth has been made and such fact shall be noted on the copy of the certificate of birth there on file, if any.  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.
         (b)  Thereafter,  when a verified transcript or certification of birth of such person is issued by the registrar, it shall be  based  upon  the new certificate, except when an order of a court of competent jurisdiction shall require the issuance of  a  verified  transcript  or  certification based upon the original local record of birth.
         4. The commissioner may make a microfilm or other suitable copy of the original  certificate  of  birth  and  all  papers pertaining to the new certificate of birth.  In such event, the original certificate and papers may be destroyed.  All undestroyed certificates  and  papers  and  copies thereof  shall  be  confidential  and  the contents thereof shall not be released or otherwise divulged except by order of a court  of competent jurisdiction.
         5. Thereafter, when a certified copy or certified  transcript  of  the certificate  of  birth of such a person, or a certification of birth for such person is issued, it shall be a copy of based upon  the  new  certificate  of birth,  except  when an order of a court of competent jurisdiction shall require the issuance of a copy of the original certificate of birth.