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 from or 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 from or by the clerk
as aforesaid of a judgment, order or decree relating to the adoption of
such person. Such judgment, order or decree shall also
be sufficient authority to make a new birth certificate with conforming
change in the name of such person on the birth
certificate of any of such person`s children under the age
of eighteen years whose record of birth is on file in the state health
department; or,
(d) proper proof is submitted to
the commissioner by the parents, or their attorneys, or the person himself
or his attorney, of a judgment, order or decree
relating to a change of name granted by a court of competent
jurisdiction. Such judgment, order or decree shall also
be sufficient authority to make a new birth certificate
with conforming change in surname for any of such person`s children
under the age of eighteen years whose
record of birth is on file in the state health department;
or,
(e) the certificate of birth of a child born
out of wedlock as defined in paragraph
(b) of subdivision one of section four thousand one hundred thirty-five
of this article has been filed without entry of the name of the
father and the commissioner thereafter receives the acknowledgment
of paternity pursuant to section
one hundred eleven-k of the social services
law or section
four thousand one hundred thirty-five-b of this article executed by
the putative father and mother which authorizes the entry of
the name of such father, and which
may also authorize a conforming change in the surname of the child.
2. (a) On every
new certificate of birth made pursuant
to this section, a notation that it is filed pursuant
to section four thousand one hundred thirty-eight of the public health
law shall be entered thereon. Notwithstanding other provisions of this
article, when a child is adopted by an unmarried man
or woman, the new certificate shall, if the adopting parent so requests,
reflect the fact that it is a single parent adoption.
(b) If the original certificate of birth contains
fictitious names of either or both parents, a new
certificate shall not be prepared until 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 attorney, or the person himself, or his attorney,
of a judgment, order or decree relating to parentage.
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 send the registrar of the district in which
the birth occurred a copy of the new certificate of birth.
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 or pursuant to section
forty-one hundred thirty-eight-c or forty-one
hundred thirty-eight-d of this article.
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 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.
6. When the commissioner shall receive proper
proof or notification pursuant to paragraphs
(a),
(b), or
(c) of subdivision one of
this section relating to a person born outside this state,
such proof or notification shall be forwarded to the appropriate
registration authority for the place of birth.
7. Whenever the commissioner
makes a new birth certificate for any person pursuant to the provisions
of subdivision one of this section, he shall forward
to such person, if eighteen years of age or more, or
to the parents of such person, a certified copy, a certified transcript
or a certification of birth, whichever he deems
appropriate under the circumstances, without making any charge
therefor.
secret “[s]omething that is kept from the knowledge of others or shared only with those concerned” (Black’s Law Dictionary).
court of competent jurisdiction “A
court of competent jurisdiction is a court that has jurisdiction over dispute"
().
© 2000