[etmjam]

Do any of you have a similar experience? I received a letter from the NYS DOH stating that because both mine and the birth father's signature were required on an "instrument of surrender" the birth father and my child will have to register with the NYS Adoption registry for a match to be possible. Now I have to start a new search to find the birth father after 19 years!

[gina050]

Hi I am a volunteer searcher from Sylvia's nya registry. Yes this is correct. You and the bfather must have both signed the adoption papers, therefore his registration is necessary. I had asked Mr. Carucci, the head of the state registry the same question. Here is his reply to me:
Hello Gina - The Adoption Registry must receive the applications and final
consents of the adoptee and each birth parent whose consent to the adoption
or whose signature on an instrument of surrender was required.

1. At the time of the adoption, the court determined whose consents or
signatures were required. In determining whose registrations are required,
the Adoption Registry is directed by the court's determination, not by what
is on the birth certificate. Even if the father's name is on the birth
certificate, the Adoption Registry will require his registration only if
the court indicates that his consent or signature was required.

2. If the court advises the Adoption Registry that both parents consented
to the adoption or signed an instrument of surrender, then the adoptee and
both birth parents must all be registered for the release of identifying
information to take place. If the adoptee and only one of the required
parents is registered, the Adoption Registry cannot release identifying
information until the other required parent registers. If one of the two
required birth parents is deceased, the surviving birth parent may submit a
copy of the death certificate in lieu of the deceased parent's
registration. If both birth parents are deceased, the Adoption Registry
may not release identifying information.

3. If a putative birth father who was not required to consent to the
adoption or sign an instrument of surrender submits an application to the
Adoption Registry, the application may not be accepted. A match is not
possible.

I hope you find this information helpful.
----- Forwarded by Peter M. Carucci/BPSM/ISHSG/DIVADMIN/DOH on 10/28/2002
03:25 PM -----