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What is NYC AC § 17-167?

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This section outlines the procedures for creating supplemental birth records when certain conditions are met, such as the intermarriage of previously unwed parents or court orders regarding parentage or adoption. The Department of Health is responsible for maintaining these records. Applies to individuals seeking to amend their birth records due to legal changes in parentage or adoption status.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 17-167 Supplemental birth records.

AC § 17-167

a. A new birth record shall be made whenever: 1. Proof is submitted to the department that the previously unwed parents of a person have intermarried subsequent to the birth of such person; 2. Notification is received by the department from the clerk of a court of competent jurisdiction or proof is submitted of a judgment, order or decree relating to the parentage of the person; 3. Notification is received by the department from the clerk of a court of competent jurisdiction or proof is submitted of a judgment, order or decree relating to the adoption of the person. b. On every birth record made because of adoption, a notation that it is filed pursuant to paragraph three of subdivision a of this section of the code shall be entered. c. When a new birth record is made the department shall substitute such new record for the birth record then on file. The department shall place the original birth record and the proof, notification and papers pertaining to the new birth record under seal. 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 and provided further however, that information contained in the original certificate of birth shall be divulged to the state commissioner of health pursuant to section forty-one hundred thirty-eight-c or forty-one hundred thirty-eight-d of the public health law.

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