HB1445 EngrossedLRB096 05030 RCE 15096 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Vital Records Act is amended by changing
5Section 17 as follows:
 
6    (410 ILCS 535/17)  (from Ch. 111 1/2, par. 73-17)
7    Sec. 17. (1) For a person born in this State, the State
8Registrar of Vital Records shall establish a new certificate of
9birth when he receives any of the following:
10        (a) A certificate of adoption as provided in Section 16
11    or a certified copy of the order of adoption together with
12    the information necessary to identify the original
13    certificate of birth and to establish the new certificate
14    of birth; except that a new certificate of birth shall not
15    be established if so requested by the court ordering the
16    adoption, the adoptive parents, or the adopted person.
17        (b) A certificate of adoption or a certified copy of
18    the order of adoption entered in a court of competent
19    jurisdiction of any other state or country declaring
20    adopted a child born in the State of Illinois, together
21    with the information necessary to identify the original
22    certificate of birth and to establish the new certificate
23    of birth; except that a new certificate of birth shall not

 

 

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1    be established if so requested by the court ordering the
2    adoption, the adoptive parents, or the adopted person.
3        (c) A request that a new certificate be established and
4    such evidence as required by regulation proving that such
5    person has been legitimatized, or that the circuit court,
6    the Department of Healthcare and Family Services (formerly
7    Illinois Department of Public Aid), or a court or
8    administrative agency of any other state has established
9    the paternity of such a person by judicial or
10    administrative processes or by voluntary acknowledgment,
11    which is accompanied by the social security numbers of all
12    persons determined and presumed to be the parents.
13        (d) An affidavit by a physician that he has performed
14    an operation on a person, and that by reason of the
15    operation the sex designation on such person's birth record
16    should be changed. The State Registrar of Vital Records may
17    make any investigation or require any further information
18    he deems necessary.
19    Each request for a new certificate of birth shall be
20accompanied by a fee of $15 and entitles the applicant to one
21certification or certified copy of the new certificate. If the
22request is for additional copies, it shall be accompanied by a
23fee of $2 for each additional certification or certified copy.
24    (2) When a new certificate of birth is established, the
25actual place and date of birth shall be shown; provided, in the
26case of adoption of a person born in this State by parents who

 

 

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1were residents of this State at the time of the birth of the
2adopted person, the place of birth may be shown as the place of
3residence of the adoptive parents at the time of such person's
4birth, if specifically requested by them, and any new
5certificate of birth established prior to the effective date of
6this amendatory Act may be corrected accordingly if so
7requested by the adoptive parents or the adopted person when of
8legal age. The social security numbers of the parents shall not
9be recorded on the certificate of birth. The social security
10numbers may only be used for purposes allowed under federal
11law. The new certificate shall be substituted for the original
12certificate of birth:
13        (a) Thereafter, the original certificate and the
14    evidence of adoption, paternity, legitimation, or sex
15    change shall not be subject to inspection or certification
16    except upon order of the circuit court or as provided by
17    regulation. If the new certificate was issued subsequent to
18    an adoption, the original certificate shall not be subject
19    to inspection until the adopted person has reached the age
20    of 21; thereafter, the original certificate shall be made
21    available as provided by Section 18.1b of the Adoption Act.
22        (b) Upon receipt of notice of annulment of adoption,
23    the original certificate of birth shall be restored to its
24    place in the files, and the new certificate and evidence
25    shall not be subject to inspection or certification except
26    upon order of the circuit court.

 

 

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1    (3) If no certificate of birth is on file for the person
2for whom a new certificate is to be established under this
3Section, a delayed record of birth shall be filed with the
4State Registrar of Vital Records as provided in Section 14 or
5Section 15 of this Act before a new certificate of birth is
6established, except that when the date and place of birth and
7parentage have been established in the adoption proceedings, a
8delayed record shall not be required.
9    (4) When a new certificate of birth is established by the
10State Registrar of Vital Records, all copies of the original
11certificate of birth in the custody of any custodian of
12permanent local records in this State shall be transmitted to
13the State Registrar of Vital Records as directed, and shall be
14sealed from inspection except as provided by Section 18.1b of
15the Adoption Act.
16    (5) Nothing in this Section shall be construed to prohibit
17the amendment of a birth certificate in accordance with
18subsection (6) of Section 22.
19(Source: P.A. 95-331, eff. 8-21-07.)
 
20    Section 10. The Adoption Act is amended by changing
21Sections 18.06, 18.1, 18.1a, 18.1b, 18.2, 18.3a, and 18.6 as
22follows:
 
23    (750 ILCS 50/18.06)
24    Sec. 18.06. Definitions. When used in Sections 18.05

 

 

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1through Section 18.6, for the purposes of the Registry:
2    "Adopted person" means a person who was adopted pursuant to
3the laws in effect at the time of the adoption.
4    "Adoptive parent" means a person who has become a parent
5through the legal process of adoption.
6    "Adult child" means the biological child 21 years of age or
7over of a deceased adopted or surrendered person.
8    "Adult Adopted or Surrendered Person" means an adopted or
9surrendered person 21 years of age or over.
10    "Agency" means a public child welfare agency or a licensed
11child welfare agency.
12    "Birth aunt" means the adult full or half sister of a
13deceased birth parent.
14    "Birth father" means the biological father of an adopted or
15surrendered person who is named on the original certificate of
16live birth or on a consent or surrender document, or a
17biological father whose paternity has been established by a
18judgment or order of the court, pursuant to the Illinois
19Parentage Act of 1984.
20    "Birth mother" means the biological mother of an adopted or
21surrendered person.
22    "Birth parent" means a birth mother or birth father of an
23adopted or surrendered person.
24    "Birth Parent Preference Form" means the form prepared by
25the Department of Public Health pursuant to Section 18.2
26completed by a birth parent registrant and filed with the

 

 

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1Registry that indicates the birth parent's preferences
2regarding contact and, if applicable, the release of his or her
3identifying information on the non-certified copy of the
4original birth certificate released to an adult adopted or
5surrendered person or to the surviving adult child or surviving
6spouse of a deceased adopted or surrendered person who has
7filed a Request for a Non-Certified Copy of an Original Birth
8Certificate.
9    "Birth relative" means a birth mother, birth father, birth
10sibling, birth aunt, or birth uncle.
11    "Birth sibling" means the adult full or half sibling of an
12adopted or surrendered person.
13    "Birth uncle" means the adult full or half brother of a
14deceased birth parent.
15    "Confidential intermediary" means an individual certified
16by the Department of Children and Family Services pursuant to
17Section 18.3a(e).
18    "Denial of Information Exchange" means an affidavit
19completed by a registrant with the Illinois Adoption Registry
20and Medical Information Exchange denying the release of
21identifying information which has been filed with the Registry.
22    "Information Exchange Authorization" means an affidavit
23completed by a registrant with the Illinois Adoption Registry
24and Medical Information Exchange authorizing the release of
25identifying information which has been filed with the Registry.
26    "Medical Information Exchange Questionnaire" means the

 

 

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1medical history questionnaire completed by a registrant of the
2Illinois Adoption Registry and Medical Information Exchange.
3    "Non-certified Copy of the Original Birth Certificate"
4means a non-certified copy of the original certificate of live
5birth of an adult adopted or surrendered person who was born in
6Illinois.
7    "Proof of death" means a death certificate.
8    "Registrant" or "Registered Party" means a birth parent,
9birth sibling, birth aunt, birth uncle, adopted or surrendered
10person 21 years of age or over, adoptive parent or legal
11guardian of an adopted or surrendered person under the age of
1221, or adoptive parent, surviving spouse, or adult child of a
13deceased adopted or surrendered person who has filed an
14Illinois Adoption Registry Application or Registration
15Identification Form with the Registry.
16    "Registry" means the Illinois Adoption Registry and
17Medical Information Exchange.
18    "Request for a Non-Certified Copy of an Original Birth
19Certificate" means an affidavit completed by an adult adopted
20or surrendered person or by the surviving adult child or
21surviving spouse of a deceased adopted or surrendered person
22and filed with the Registry requesting a non-certified copy of
23an adult adopted or surrendered person's original certificate
24of live birth in Illinois.
25    "Surrendered person" means a person whose parents' rights
26have been surrendered or terminated but who has not been

 

 

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1adopted.
2    "Surviving spouse" means the wife or husband, 21 years of
3age or older, of a deceased adopted or surrendered person who
4would be 21 years of age or older if still alive and who has one
5or more surviving biological children who are under the age of
621.
7    "18.3 Statement" means a statement regarding the
8disclosure of identifying information signed by a birth parent
9under Section 18.3 of this Act as it existed immediately prior
10to the effective date of this amendatory Act of the 96th
11General Assembly.
12(Source: P.A. 96-895, eff. 5-21-10.)
 
13    (750 ILCS 50/18.1)  (from Ch. 40, par. 1522.1)
14    Sec. 18.1. Disclosure of identifying information.
15    (a) The Department of Public Health shall establish and
16maintain a Registry for the purpose of allowing mutually
17consenting members of birth and adoptive families to exchange
18identifying and medical information. Identifying information
19for the purpose of this Act shall mean any one or more of the
20following:
21        (1) The name and last known address of the consenting
22    person or persons.
23        (2) A copy of the Illinois Adoption Registry
24    Application of the consenting person or persons.
25        (3) A non-certified copy of the original birth

 

 

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1    certificate of an adult adopted or surrendered person.
2    (b) Written authorization from all parties identified must
3be received prior to disclosure of any identifying information,
4with the exception of non-certified copies of original birth
5certificates released to adult adopted or surrendered persons
6or to surviving adult children and surviving spouses of
7deceased adopted or surrendered persons pursuant to the
8procedures outlined in Section 18.1b(e).
9    (c) At any time after a child is surrendered for adoption,
10or at any time during the adoption proceedings or at any time
11thereafter, either birth parent or both of them may file with
12the Registry a Birth Parent Registration Identification Form
13and an Information Exchange Authorization or a Denial of
14Information Exchange.
15    (d) A birth sibling 21 years of age or over who was not
16surrendered for adoption and who has submitted a copy of his or
17her birth certificate as well as proof of death for a deceased
18birth parent and such birth parent did not file a Denial of
19Information Exchange or a Birth Parent Preference Form on which
20Option E was selected with the Registry prior to his or her
21death may file a Registration Identification Form and an
22Information Exchange Authorization or a Denial of Information
23Exchange.
24    (e) A birth aunt or birth uncle who has submitted birth
25certificates for himself or herself and for a deceased birth
26parent naming at least one common biological parent as well as

 

 

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1proof of death for the deceased birth parent and such birth
2parent did not file a Denial of Information Exchange or a Birth
3Parent Preference Form on which Option E was selected with the
4Registry prior to his or her death may file a Registration
5Identification Form and an Information Exchange Authorization
6or a Denial of Information Exchange.
7    (f) Any adopted person 21 years of age or over, any
8surrendered person 21 years of age or over, or any adoptive
9parent or legal guardian of an adopted or surrendered person
10under the age of 21 may file with the Registry a Registration
11Identification Form and an Information Exchange Authorization
12or a Denial of Information Exchange.
13    (g) Any adult child 21 years of age or over of a deceased
14adopted or surrendered person who has submitted a copy of his
15or her birth certificate naming an adopted or surrendered
16person as his or her biological parent as well as proof of
17death for the deceased adopted or surrendered person and such
18adopted or surrendered person did not file a Denial of
19Information Exchange with the Registry prior to his or her
20death may file a Registration Identification Form and an
21Information Exchange Authorization or a Denial of Information
22Exchange.
23    (h) Any surviving spouse of a deceased adopted or
24surrendered person 21 years of age or over who has submitted
25proof of death for the deceased adopted or surrendered person
26and such adopted or surrendered person did not file a Denial of

 

 

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1Information Exchange with the Registry prior to his or her
2death as well as a birth certificate naming themselves and the
3adopted or surrendered person as the parents of a minor child
4under the age of 21 may file a Registration Identification Form
5and an Information Exchange Authorization or a Denial of
6Information Exchange.
7    (i) Any adoptive parent or legal guardian of a deceased
8adopted or surrendered person who is 21 years of age or over
9who has submitted proof of death as well as proof of parentage
10or guardianship for the deceased adopted or surrendered person
11and such adopted or surrendered person did not file a Denial of
12Information Exchange with the Registry prior to his or her
13death may file a Registration Identification Form and an
14Information Exchange Authorization or a Denial of Information
15Exchange.
16    (j) The Department of Public Health shall supply to the
17adopted or surrendered person or his or her adoptive parents,
18legal guardians, adult children or surviving spouse, and to the
19birth parents identifying information only if both the adopted
20or surrendered person, or one of his or her adoptive parents,
21legal guardians, adult children or his or her surviving spouse,
22and the birth parents have filed with the Registry an
23Information Exchange Authorization or a Birth Parent
24Preference Form on which Option A, B, or C was selected and the
25information at the Registry indicates that the consenting
26adopted or surrendered person, the child of the consenting

 

 

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1adoptive parents or legal guardians, the parent of the
2consenting adult child of the adopted or surrendered person, or
3the deceased wife or husband of the consenting surviving spouse
4is the child of the consenting birth parents, except
5identifying information that appears on a non-certified copy of
6an original birth certificate may be provided to an adult
7adopted or surrendered person or to the surviving adult child
8or surviving spouse of a deceased adopted or surrendered person
9pursuant to the procedures outlined in Section 18.1b(e) of this
10Act.
11    The Department of Public Health shall supply to adopted or
12surrendered persons who are birth siblings identifying
13information only if both siblings have filed with the Registry
14an Information Exchange Authorization and the information at
15the Registry indicates that the consenting siblings have one or
16both birth parents in common. Identifying information shall be
17supplied to consenting birth siblings who were adopted or
18surrendered if any such sibling is 21 years of age or over.
19Identifying information shall be supplied to consenting birth
20siblings who were not adopted or surrendered if any such
21sibling is 21 years of age or over and has proof of death of the
22common birth parent and such birth parent did not file a Denial
23of Information Exchange or a Birth Parent Preference Form on
24which Option E was selected with the Registry prior to his or
25her death.
26    (k) The Department of Public Health shall supply to the

 

 

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1adopted or surrendered person or his or her adoptive parents,
2legal guardians, adult children or surviving spouse, and to a
3birth aunt identifying information only if both the adopted or
4surrendered person or one of his or her adoptive parents, legal
5guardians, adult children or his or her surviving spouse, and
6the birth aunt have filed with the Registry an Information
7Exchange Authorization and the information at the Registry
8indicates that the consenting adopted or surrendered person, or
9the child of the consenting adoptive parents or legal
10guardians, or the parent of the consenting adult child, or the
11deceased wife or husband of the consenting surviving spouse of
12the adopted or surrendered person is or was the child of the
13brother or sister of the consenting birth aunt.
14    (l) The Department of Public Health shall supply to the
15adopted or surrendered person or his or her adoptive parents,
16legal guardians, adult children or surviving spouse, and to a
17birth uncle identifying information only if both the adopted or
18surrendered person or one of his or her adoptive parents, legal
19guardians, adult children or his or her surviving spouse, and
20the birth uncle have filed with the Registry an Information
21Exchange Authorization and the information at the Registry
22indicates that the consenting adopted or surrendered person, or
23the child of the consenting adoptive parents or legal
24guardians, or the parent of the consenting adult child, or the
25deceased wife or husband of the consenting surviving spouse of
26the adopted or surrendered person is or was the child of the

 

 

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1brother or sister of the consenting birth uncle.
2    (m) A registrant may notify the Registry of his or her
3desire not to have identifying information revealed or may
4revoke any previously filed Information Exchange Authorization
5by completing and filing with the Registry a Registry
6Identification Form along with a Denial of Information Exchange
7or, if applicable, a Birth Parent Preference Form. Any
8registrant, except a birth parent, may revoke his or her Denial
9of Information Exchange by filing an Information Exchange
10Authorization. A birth parent may revoke a Denial of
11Information Exchange by filing a Birth Parent Preference Form.
12Any birth parent who has previously filed a Birth Parent
13Preference Form where Option E was selected may revoke such
14preference by filing a subsequent Birth Parent Preference Form
15and selecting Option A, B, C, or D. The Department of Public
16Health shall act in accordance with the most recently filed
17affidavit.
18    (n) Identifying information ascertained from the Registry
19shall be confidential and may be disclosed only (1) upon a
20Court Order, which order shall name the person or persons
21entitled to the information, or (2) to a registrant who is the
22subject of an Information Exchange Authorization or, if
23applicable, a Birth Parent Preference Form that was completed
24by another registrant and filed with the Illinois Adoption
25Registry and Medical Information Exchange, or (3) as authorized
26under subsection (h) of Section 18.3 of this Act, or (4)

 

 

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1pursuant to the procedures outlined in Section 18.1b(e) of this
2Act. Any person who willfully provides unauthorized disclosure
3of any information filed with the Registry or who knowingly or
4intentionally files false information with the Registry shall
5be guilty of a Class A misdemeanor and shall be liable for
6damages.
7    (o) If information is disclosed pursuant to this Act, the
8Department shall redact it to remove any identifying
9information about any party who has not consented to the
10disclosure of such identifying information, or, in the case of
11identifying information on the original birth certificate,
12pursuant to Section 18.1b(e) of this Act.
13(Source: P.A. 96-895, eff. 5-21-10.)
 
14    (750 ILCS 50/18.1a)
15    Sec. 18.1a. Registry matches.
16    (a) The Registry shall release identifying information, as
17specified on the applicant's Information Exchange
18Authorization or, if applicable, a Birth Parent Preference
19Form, to the following mutually consenting registered parties
20and provide them with any photographs or correspondence which
21have been placed in the Adoption/Surrender Records File and are
22specifically intended for the registered parties:
23        (i) an adult adopted or surrendered person and one of
24    his or her birth relatives who have both filed an
25    applicable Information Exchange Authorization or, if

 

 

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1    applicable, a Birth Parent Preference Form specifying the
2    other consenting party with the Registry, if information
3    available to the Registry confirms that the consenting
4    adopted or surrendered person is biologically related to
5    the consenting birth relative;
6        (ii) the adoptive parent or legal guardian of an
7    adopted or surrendered person under the age of 21 and one
8    of the adopted or surrendered person's birth relatives who
9    have both filed an Information Exchange Authorization
10    specifying the other consenting party with the Registry,
11    or, if applicable, a Birth Parent Preference Form, with the
12    Registry, if information available to the Registry
13    confirms that the child of the consenting adoptive parent
14    or legal guardian is biologically related to the consenting
15    birth relative; and
16        (iii) the adoptive parent, adult child or surviving
17    spouse of a deceased adopted or surrendered person, and one
18    of the adopted or surrendered person's birth relatives who
19    have both filed an applicable Information Exchange
20    Authorization specifying the other consenting party with
21    the Registry, or, if applicable, a Birth Parent Preference
22    Form, with the Registry, if information available to the
23    Registry confirms that the child of the consenting adoptive
24    parent, the parent of the consenting adult child or the
25    deceased wife or husband of the consenting surviving spouse
26    of the adopted or surrendered person was biologically

 

 

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1    related to the consenting birth relative.
2    (b) If a registrant is the subject of a Denial of
3Information Exchange filed by another registered party or is an
4adopted or surrendered person, or the surviving relative of a
5deceased adopted or surrendered person, and a birth parent of
6the adopted or surrendered person completed a Birth Parent
7Preference Form and selected Option E, the Registry shall not
8release identifying information to either registrant or, if
9applicable, to an adopted person who has requested a copy of
10his or her original birth certificate, with the exception of
11non-certified copies of the original birth certificate
12released under Section 18.1b(e), and as to a birth parent who
13has prohibited release of identifying information on the
14original birth certificate to the adult adopted or surrendered
15person, upon the death of said birth parent.
16    (c) If a registrant has completed a Medical Information
17Exchange Questionnaire and has consented to its disclosure,
18that Questionnaire shall be released to any registered party
19who has indicated their desire to receive such information on
20his or her Illinois Adoption Registry Application, if
21information available to the Registry confirms that the
22consenting parties are biologically related, that the
23consenting birth relative and the child of the consenting
24adoptive parents or legal guardians are birth relatives, or
25that the consenting birth relative and the deceased wife or
26husband of the consenting surviving spouse are birth relatives.

 

 

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1(Source: P.A. 96-895, eff. 5-21-10.)
 
2    (750 ILCS 50/18.1b)
3    Sec. 18.1b. The Illinois Adoption Registry Application.
4The Illinois Adoption Registry Application shall substantially
5include the following:
6    (a) General Information. The Illinois Adoption Registry
7Application shall include the space to provide Information
8about the registrant including his or her surname, given name
9or names, social security number (optional), mailing address,
10home telephone number, gender, date and place of birth, and the
11date of registration. If applicable and known to the
12registrant, he or she may include the maiden surname of the
13birth mother, any subsequent surnames of the birth mother, the
14surname of the birth father, the given name or names of the
15birth parents, the dates and places of birth of the birth
16parents, the surname and given name or names of the adopted
17person prior to adoption, the gender and date and place of
18birth of the adopted or surrendered person, the name of the
19adopted person following his or her adoption and the state and
20county where the judgment of adoption was finalized.
21    (b) Medical Information Exchange Questionnaire. In
22recognition of the importance of medical information and of
23recent discoveries regarding the genetic origin of many medical
24conditions and diseases all registrants shall be asked to
25voluntarily complete a Medical Information Exchange

 

 

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1Questionnaire. The Medical Information Exchange Questionnaire
2shall include a comprehensive check-list of medical conditions
3and diseases including those of genetic origin.
4        (1) For birth relatives, the Medical Information
5    Exchange Questionnaire shall include a comprehensive
6    check-list of medical conditions and diseases including
7    those of genetic origin. Birth relatives shall be asked to
8    indicate all genetically-inherited diseases and conditions
9    on this list which are known to exist in the adopted or
10    surrendered person's birth family at the time of
11    registration. In addition, all birth relatives shall be
12    apprised of the Registry's provisions for voluntarily
13    submitting information about their and their family's
14    medical histories on a confidential, ongoing basis.
15        (2) Adopted and surrendered persons and their adoptive
16    parents, legal guardians, adult children, and surviving
17    spouses shall be asked to indicate all
18    genetically-inherited diseases and medical conditions with
19    which the adopted or surrendered person or, if applicable,
20    his or her children have been diagnosed since birth.
21        (3) The Medical Information Exchange Questionnaire
22    shall include a space where the registrant may authorize
23    the release of the Medical Information Exchange
24    Questionnaire to specified registered parties and a
25    disclaimer informing registrants that the Department of
26    Public Health cannot guarantee the accuracy of medical

 

 

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1    information exchanged through the Registry.
2    (c) Written statement. All registrants shall be given the
3opportunity to voluntarily file a written statement with the
4Registry. This statement shall be submitted in the space
5provided. No written statement submitted to the Registry shall
6include identifying information pertaining to any person other
7than the registrant who submitted it. Any such identifying
8information shall be redacted by the Department or returned for
9removal of identifying information.
10    (d) Exchange of information. All registrants except birth
11parents may indicate their wishes regarding contact and the
12exchange of identifying and/or medical information with any
13other registrant by completing an Information Exchange
14Authorization or a Denial of Information Exchange. Birth
15parents may indicate their wishes regarding contact by filing a
16Birth Parent Preference Form pursuant to the procedures
17outlined in this Section.
18        (1) Information Exchange Authorization. Adopted or
19    surrendered persons 21 years of age or over who are
20    interested in exchanging identifying and/or medical
21    information or would welcome contact with one or more of
22    their birth relatives; birth parents who are interested in
23    exchanging identifying and/or medical information or would
24    welcome contact with an adopted or surrendered person 21
25    years of age or over, or one or more of his or her adoptive
26    parents, legal guardians, adult children, or a surviving

 

 

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1    spouse; birth siblings 21 years of age or over who were
2    adopted or surrendered and who are interested in exchanging
3    identifying and/or medical information or would welcome
4    contact with an adopted or surrendered person, or one or
5    more of his or her adoptive parents, legal guardians, adult
6    children, or a surviving spouse; birth siblings 21 years of
7    age or over who were not surrendered and who have submitted
8    proof of death for any common birth parent who did not file
9    a Denial of Information Exchange or a Birth Parent
10    Preference Form on which Option E was selected prior to his
11    or her death, and who are interested in exchanging
12    identifying and/or medical information or would welcome
13    contact with an adopted or surrendered person, or one or
14    more of his or her adoptive parents, legal guardians, adult
15    children, or a surviving spouse; birth aunts and birth
16    uncles 21 years of age or over who have submitted birth
17    certificates for themselves and a deceased birth parent
18    naming at least one common biological parent as well as
19    proof of death for a deceased birth parent and who are
20    interested in exchanging identifying and/or medical
21    information or would welcome contact with an adopted or
22    surrendered person 21 years of age or over, or one or more
23    of his or her adoptive parents, legal guardians, adult
24    children or a surviving spouse; adoptive parents or legal
25    guardians of adopted or surrendered persons under the age
26    of 21 who are interested in exchanging identifying and/or

 

 

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1    medical information or would welcome contact with one or
2    more of the adopted or surrendered person's birth
3    relatives; adoptive parents and legal guardians of
4    deceased adopted or surrendered persons 21 years of age or
5    over who have submitted proof of death for a deceased
6    adopted or surrendered person who did not file a Denial of
7    Information Exchange prior to his or her death and who are
8    interested in exchanging identifying and/or medical
9    information or would welcome contact with one or more of
10    the adopted or surrendered person's birth relatives; adult
11    children of deceased adopted or surrendered persons who
12    have submitted a birth certificate naming the adopted or
13    surrendered person as their biological parent and proof of
14    death for an adopted or surrendered person who did not file
15    a Denial of Information Exchange prior to his or her death;
16    and surviving spouses of deceased adopted or surrendered
17    persons who have submitted a marriage certificate naming an
18    adopted or surrendered person as their deceased wife or
19    husband and proof of death for an adopted or surrendered
20    person who did not file a Denial of Information Exchange
21    prior to his or her death and who are interested in
22    exchanging identifying and/or medical information or would
23    welcome contact with one or more of the adopted or
24    surrendered person's birth relatives may specify with whom
25    they wish to exchange identifying information by filing an
26    Information Exchange Authorization.

 

 

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1        (2) Denial of Information Exchange. Adopted or
2    surrendered persons 21 years of age or over who do not wish
3    to exchange identifying information or establish contact
4    with one or more of their birth relatives may specify with
5    whom they do not wish to exchange identifying information
6    or do not wish to establish contact by filing a Denial of
7    Information Exchange. Birth relatives other than birth
8    parents who do not wish to establish contact with an
9    adopted or surrendered person or one or more of his or her
10    adoptive parents, legal guardians, or adult children may
11    specify with whom they do not wish to exchange identifying
12    information or do not wish to establish contact by filing a
13    Denial of Information Exchange. Birth parents who wish to
14    prohibit the release of their identifying information on
15    the original birth certificate released to an adult adopted
16    or surrendered person who was born after January 1, 1946,
17    or to the surviving adult child or surviving spouse of a
18    deceased adopted or surrendered person who was born after
19    January 1, 1946, may do so by filing a Denial with the
20    Registry on or before December 31, 2010. As of January 1,
21    2011, birth parents who wish to prohibit the release of
22    identifying information on the non-certified copy of the
23    original birth certificate released to an adult adopted
24    surrendered person or to the surviving adult child or
25    surviving spouse of a deceased adopted or surrendered
26    person may do so by selecting Option E on a Birth Parent

 

 

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1    Preference Form and filing the Form with the Registry.
2    Adoptive parents or legal guardians of adopted or
3    surrendered persons under the age of 21 who do not wish to
4    establish contact with one or more of the adopted or
5    surrendered person's birth relatives may specify with whom
6    they do not wish to exchange identifying information by
7    filing a Denial of Information Exchange. Adoptive parents,
8    adult children, and surviving spouses of deceased adoptees
9    who do not wish to exchange identifying information or
10    establish contact with one or more of the adopted or
11    surrendered person's birth relatives may specify with whom
12    they do not wish to exchange identifying information or do
13    not wish to establish contact by filing a Denial of
14    Information Exchange.
15        (3) Birth Parent Preference Form. Beginning January 1,
16    2011, birth parents who are eligible to register with the
17    Illinois Adoption Registry and Medical Information
18    Exchange and whose birth child was born on or after January
19    1, 1946 may who wish to communicate their wishes regarding
20    contact or may prohibit and/or the release of their
21    identifying information on the non-certified copy of the
22    original birth certificate released under subsection (e)
23    of this Section by filing to an adult adopted or
24    surrendered person or the surviving adult child or
25    surviving spouse of a deceased adopted or surrendered
26    person who has requested a copy of the adopted or

 

 

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1    surrendered person's original birth certificate by filing
2    a Request for a Non-Certified Copy of an Original Birth
3    Certificate pursuant to subsection (e) of this Section, may
4    file a Birth Parent Preference Form with the Registry.
5    Birth parents whose birth child was born before January 1,
6    1946, may communicate their wishes regarding contact by
7    completing a Birth Parent Preference Form, selecting
8    Option A, B, C, or D, and filing the form with the
9    Registry, but may not prohibit the release of identifying
10    information. All Birth Parent Preference Forms on file with
11    the Registry at the time of receipt of a Request for a
12    Non-Certified Copy of an Original Birth Certificate from an
13    adult adopted or surrendered person or the surviving adult
14    child or surviving spouse of a deceased adopted or
15    surrendered person shall be forwarded to the relevant
16    adopted or surrendered person or surviving adult child or
17    surviving spouse of a deceased adopted or surrendered
18    person along with a non-certified copy of the adopted or
19    surrendered person's original birth certificate as
20    outlined in subsection (e) of this Section.
21    (e) Procedures for requesting a non-certified copy of an
22original birth certificate by an adult adopted or surrendered
23person or by a surviving adult child or surviving spouse of a
24deceased adopted or surrendered person:
25        (1) On or after the effective date of this amendatory
26    Act of the 96th General Assembly, any adult adopted or

 

 

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1    surrendered person who was born in Illinois prior to
2    January 1, 1946, may complete and file with the Registry a
3    Request for a Non-Certified Copy of an Original Birth
4    Certificate. The Registry shall provide such adult adopted
5    or surrendered person with an unaltered, non-certified
6    copy of his or her original birth certificate upon receipt
7    of the Request for a Non-Certified Copy of an Original
8    Birth Certificate. Additionally, in cases where an adopted
9    or surrendered person born in Illinois prior to January 1,
10    1946, is deceased, and one of his or her surviving adult
11    children or his or her surviving spouse has registered with
12    the Registry, he or she may complete and file with the
13    Registry a Request for a Non-Certified Copy of an Original
14    Birth Certificate. The Registry shall provide such
15    surviving adult child or surviving spouse with an
16    unaltered, non-certified copy of the adopted or
17    surrendered person's original birth certificate upon
18    receipt of the Request for a Non-Certified Copy of an
19    Original Birth Certificate.
20        (2) Beginning November 15, 2011, any adult adopted or
21    surrendered person who was born in Illinois on or after
22    January 1, 1946, may complete and file with the Registry a
23    Request for a Non-certified Copy of an Original Birth
24    Certificate. Additionally, in cases where the adopted or
25    surrendered person is deceased and one of his or her
26    surviving adult children or his or her surviving spouse has

 

 

HB1445 Engrossed- 27 -LRB096 05030 RCE 15096 b

1    registered with the Registry, he or she may complete and
2    file with the Registry a Request for a Non-Certified Copy
3    of an Original Birth Certificate. Upon receipt of such
4    request from an adult adopted or surrendered person or from
5    one of his or her surviving adult children or his or her
6    surviving spouse, the Registry shall:
7            (i) Determine if there is a Denial of Information
8        Exchange which was filed by a birth parent named on the
9        original birth certificate prior to January 1, 2011. If
10        a Denial was filed by a birth parent named on the
11        original birth certificate prior to January 1, 2011,
12        and there is no proof of death in the Registry file for
13        the birth parent who filed said Denial, the Registry
14        shall inform the requesting adult adopted or
15        surrendered person or the requesting surviving adult
16        child or surviving spouse of a deceased adopted or
17        surrendered person that they may receive a
18        non-certified copy of the original birth certificate
19        from which all identifying information pertaining to
20        the birth parent who filed the Denial has been
21        redacted. A requesting adult adopted or surrendered
22        person shall also be informed in writing of his or her
23        right to petition the court for the appointment of a
24        confidential intermediary pursuant to Section 18.3a of
25        this Act and, if applicable, to conduct a search
26        through an agency post-adoption search program once 5

 

 

HB1445 Engrossed- 28 -LRB096 05030 RCE 15096 b

1        years have elapsed since the birth parent filed the
2        Denial of Information Exchange with the Registry.
3            (ii) Determine if a birth parent named on the
4        original birth certificate has filed a Birth Parent
5        Preference Form. If one of the birth parents named on
6        the original birth certificate filed a Birth Parent
7        Preference Form and selected Option A, B, C, or D, the
8        Registry shall forward to the adult adopted or
9        surrendered person or to the surviving adult child or
10        surviving spouse of a deceased adopted or surrendered
11        person a copy of the Birth Parent Preference Form along
12        with an unaltered non-certified copy of his or her
13        original birth certificate. If one of the birth parents
14        named on the original birth certificate filed a Birth
15        Parent Preference Form and selected Option E, and there
16        is no proof of death in the Registry file for the birth
17        parent who filed said Birth Parent Preference Form, the
18        Registry shall inform the requesting adult adopted or
19        surrendered person or the requesting surviving adult
20        child or surviving spouse of a deceased adopted or
21        surrendered person that he or she may receive a
22        non-certified copy of the original birth certificate
23        from which identifying information pertaining to the
24        birth parent who completed the Birth Parent Preference
25        Form has been redacted per the birth parent's
26        specifications on the Form. The Registry shall forward

 

 

HB1445 Engrossed- 29 -LRB096 05030 RCE 15096 b

1        to the adult adopted or surrendered person or to the
2        surviving adult child or surviving spouse of a deceased
3        adopted or surrendered person a copy of the Birth
4        Parent Preference Form filed by the birth parent from
5        which identifying information has been redacted per
6        the birth parent's specifications on the Form. The
7        requesting adult adopted or surrendered person shall
8        also be informed in writing of his or her right to
9        petition the court for the appointment of a
10        confidential intermediary pursuant to Section 18.3a of
11        this Act, and, if applicable, to conduct a search
12        through an agency post-adoption search program once 5
13        years have elapsed since the birth parent filed the
14        Birth Parent Preference Form, on which Option E was
15        selected, with the Registry.
16            (iii) Determine if a birth parent named on the
17        original birth certificate has filed an Information
18        Exchange Authorization.
19            (iv) If the Registry has confirmed that a
20        requesting adult adopted or surrendered person or the
21        parent of a requesting adult child of a deceased
22        adopted or surrendered person or the husband or wife of
23        a requesting surviving spouse was not the object of a
24        Denial of Information Exchange filed by a birth parent
25        on or before December 31, 2010, and that no birth
26        parent named on the original birth certificate has

 

 

HB1445 Engrossed- 30 -LRB096 05030 RCE 15096 b

1        filed a Birth Parent Preference Form where Option E was
2        selected prior to the receipt of a Request for a
3        Non-Certified Copy of an Original Birth Certificate,
4        the Registry shall provide the adult adopted or
5        surrendered person or his or her surviving adult child
6        or surviving spouse with an unaltered non-certified
7        copy of the adopted or surrendered person's original
8        birth certificate.
9        (3) In cases where the Registry receives a Birth Parent
10    Preference Form from a birth parent subsequent to the
11    release of the non-certified copy of the original birth
12    certificate to an adult adopted or surrendered person or to
13    the surviving adult child or surviving spouse of a deceased
14    adopted or surrendered person, the Birth Parent Preference
15    Form shall be immediately forwarded to the adult adopted or
16    surrendered person or to the surviving adult child or
17    surviving spouse of the deceased adopted or surrendered
18    person and the birth parent who filed the form shall be
19    informed that the relevant original birth certificate has
20    already been released.
21        (4) A copy of the original birth certificate shall only
22    be released to adopted or surrendered persons who were born
23    in Illinois; to surviving adult children or surviving
24    spouses of deceased adopted or surrendered persons who were
25    born in Illinois; or to 2 registered parties who have both
26    consented to the release of a non-certified copy of the

 

 

HB1445 Engrossed- 31 -LRB096 05030 RCE 15096 b

1    original birth certificate to one another through the
2    Registry when the birth of the relevant adopted or
3    surrendered person took place in Illinois.
4        (5) In cases where the Registry receives a Request for
5    a Non-Certified Copy of an Original Birth Certificate from
6    an adult adopted or surrendered person who has not
7    completed a Registry application and the file of that
8    adopted or surrendered person includes an Information
9    Exchange Authorization, Birth Parent Preference Form, or
10    Medical Information Exchange Questionnaire from one or
11    more of his or her birth relatives, the Registry shall so
12    inform the adult adopted or surrendered person and forward
13    Registry application forms to him or her along with a
14    non-certified copy of the original birth certificate
15    consistent with the procedures outlined in this subsection
16    (e).
17        (6) In cases where a birth parent registered with the
18    Registry and filed a Medical Information Exchange
19    Questionnaire prior to the effective date of this
20    amendatory Act of the 96th General Assembly but gave no
21    indication as to his or her wishes regarding contact or the
22    sharing of identifying information, the Registry shall
23    contact the birth parent by written letter prior to January
24    1, 2011, and provide him or her with the opportunity to
25    indicate his or her preference regarding contact and the
26    sharing of identifying information by submitting a Birth

 

 

HB1445 Engrossed- 32 -LRB096 05030 RCE 15096 b

1    Parent Preference Form to the Registry prior to November 1,
2    2011.
3        (7) In cases where the Registry cannot locate a copy of
4    the original birth certificate in the Registry file, they
5    shall be authorized to request a copy of the original birth
6    certificate from the Illinois county where the birth took
7    place for placement in the Registry file.
8        (8) Adopted and surrendered persons who wish to have
9    their names placed with the Illinois Adoption Registry and
10    Medical Information Exchange may do so by completing a
11    Registry application at any time, but completing a Registry
12    application shall not be required for adopted and
13    surrendered persons who seek only to obtain a copy of their
14    original birth certificate or any relevant Birth Parent
15    Preference Forms through the Registry.
16        (9) In cases where a birth parent filed a Denial of
17    Information Exchange with the Registry prior to January 1,
18    2011, or filed a Birth Parent Preference Form with the
19    Registry and selected Option E after January 1, 2011, and a
20    proof of death for the birth parent who filed the Denial or
21    the Birth Parent Preference Form has been filed with the
22    Registry by either a confidential intermediary, or a
23    surviving relative of the deceased birth parent, or a birth
24    child of the deceased birth parent, the Registry shall be
25    authorized to release an unaltered non-certified copy of
26    the original birth certificate to an adult adopted or

 

 

HB1445 Engrossed- 33 -LRB096 05030 RCE 15096 b

1    surrendered person or to the surviving adult child or
2    surviving spouse of a deceased adopted or surrendered
3    person who has filed a Request for a Non-Certified Copy of
4    the Original Birth Certificate with the Registry.
5        (10) On and after the effective date of this amendatory
6    Act of the 96th General Assembly, in cases where all birth
7    parents named on the original birth certificate of an
8    adopted or surrendered person born after January 1, 1946,
9    are deceased and copies of death certificates for all birth
10    parents named on the original birth certificate have been
11    filed with the Registry by either a confidential
12    intermediary, or a surviving relative of the deceased birth
13    parent, or a birth child of the deceased birth parent, the
14    Registry shall be authorized to release a non-certified
15    copy of the original birth certificate to the adopted or
16    surrendered person upon receipt of his or her Request for a
17    Non-Certified Copy of an Original Birth Certificate.
18    (f) A registrant may complete all or any part of the
19Illinois Adoption Registry Application. All Illinois Adoption
20Registry Applications, Information Exchange Authorizations,
21Denials of Information Exchange, requests to revoke an
22Information Exchange Authorization or Denial of Information
23Exchange, Birth Parent Preference Forms, and affidavits
24submitted to the Registry shall be accompanied by proof of
25identification.
26(Source: P.A. 96-895, eff. 5-21-10; revised 9-2-10.)
 

 

 

HB1445 Engrossed- 34 -LRB096 05030 RCE 15096 b

1    (750 ILCS 50/18.2)  (from Ch. 40, par. 1522.2)
2    Sec. 18.2. Forms.
3    (a) The Department shall develop the Illinois Adoption
4Registry forms as provided in this Section. The General
5Assembly shall reexamine the content of the form as requested
6by the Department, in consultation with the Registry Advisory
7Council. The form of the Birth Parent Registration
8Identification Form shall be substantially as follows:
9
BIRTH PARENT REGISTRATION IDENTIFICATION
10
(Insert all known information)
11I, ....., state that I am the ...... (mother or father) of the
12following child:
13    Child's original name: ..... (first) ..... (middle) .....
14        (last), ..... (hour of birth), ..... (date of birth),
15        ..... (city and state of birth), ..... (name of
16        hospital).
17    Father's full name: ...... (first) ...... (middle) .....
18        (last), ..... (date of birth), ..... (city and state of
19        birth).
20    Name of mother inserted on birth certificate: ..... (first)
21        ..... (middle) ..... (last), ..... (race), ..... (date
22        of birth), ...... (city and state of birth).
23That I surrendered my child to: ............. (name of agency),
24    ..... (city and state of agency), ..... (approximate date
25    child surrendered).

 

 

HB1445 Engrossed- 35 -LRB096 05030 RCE 15096 b

1That I placed my child by private adoption: ..... (date),
2    ...... (city and state).
3Name of adoptive parents, if known: ......
4Other identifying information: .....
5
........................
6
(Signature of parent)
7............                        ........................
8(date)                               (printed name of parent)
 
9    (b) The form of the Adopted Person Registration
10Identification shall be substantially as follows:
11
ADOPTED PERSON
12
REGISTRATION IDENTIFICATION
13
(Insert all known information)
14I, ....., state the following:
15    Adopted Person's present name: ..... (first) .....
16        (middle) ..... (last).
17    Adopted Person's name at birth (if known): ..... (first)
18        ..... (middle) ..... (last), ..... (birth date), .....
19        (city and state of birth), ...... (sex), ..... (race).
20    Name of adoptive father: ..... (first) ..... (middle) .....
21        (last), ..... (race).
22    Maiden name of adoptive mother: ..... (first) .....
23        (middle) ..... (last), ..... (race).
24    Name of birth mother (if known): ..... (first) .....
25        (middle) ..... (last), ..... (race).

 

 

HB1445 Engrossed- 36 -LRB096 05030 RCE 15096 b

1    Name of birth father (if known): ..... (first) .....
2        (middle) ..... (last), ..... (race).
3    Name(s) at birth of sibling(s) having a common birth parent
4        with adoptee (if known): ..... (first) ..... (middle)
5        ..... (last), ..... (race), and name of common birth
6        parent: ..... (first) ..... (middle) ..... (last),
7        ..... (race).
8I was adopted through: ..... (name of agency).
9I was adopted privately: ..... (state "yes" if known).
10I was adopted in ..... (city and state), ..... (approximate
11    date).
12Other identifying information: .............
13
......................
14
(signature of adoptee)
15...........                        .........................
16(date)                              (printed name of adoptee)
 
17    (c) The form of the Surrendered Person Registration
18Identification shall be substantially as follows:
19
SURRENDERED PERSON REGISTRATION
20
IDENTIFICATION
21
(Insert all known information)
22I, ....., state the following:
23    Surrendered Person's present name: ..... (first) .....
24        (middle) ..... (last).
25    Surrendered Person's name at birth (if known): .....

 

 

HB1445 Engrossed- 37 -LRB096 05030 RCE 15096 b

1        (first) ..... (middle) ..... (last), .....(birth
2        date), ..... (city and state of birth), ...... (sex),
3        ..... (race).
4    Name of guardian father: ..... (first) ..... (middle) .....
5        (last), ..... (race).
6    Maiden name of guardian mother: ..... (first) .....
7        (middle) ..... (last), ..... (race).
8    Name of birth mother (if known): ..... (first) .....
9        (middle) ..... (last) ..... (race).
10    Name of birth father (if known): ..... (first) .....
11        (middle) ..... (last), .....(race).
12    Name(s) at birth of sibling(s) having a common birth parent
13        with surrendered person (if known): ..... (first)
14        ..... (middle) ..... (last), ..... (race), and name of
15        common birth parent: ..... (first) ..... (middle)
16        ..... (last), ..... (race).
17I was surrendered for adoption to: ..... (name of agency).
18I was surrendered for adoption in ..... (city and state), .....
19    (approximate date).
20Other identifying information: ............
21
................................
22
(signature of surrendered person)
23............                          ......................
24(date)                (printed name of person
25                                                             surrendered for adoption)
 

 

 

HB1445 Engrossed- 38 -LRB096 05030 RCE 15096 b

1    (c-3) The form of the Registration Identification Form for
2Surviving Relatives of Deceased Birth Parents shall be
3substantially as follows:
4
REGISTRATION IDENTIFICATION FORM
5
FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
6
(Insert all known information)
7I, ....., state the following:
8    Name of deceased birth parent at time of surrender:
9    Deceased birth parent's date of birth:
10    Deceased birth parent's date of death:
11    Adopted or surrendered person's name at birth (if known):
12        .....(first) ..... (middle) ..... (last), .....(birth
13        date), ..... (city and state of birth), ...... (sex),
14        ..... (race).
15My relationship to the adopted or surrendered person (check
16one): (birth parent's non-surrendered child) (birth parent's
17sister) (birth parent's brother).
 
18If you are a non-surrendered child of the birth parent, provide
19name(s) at birth and age(s) of non-surrendered siblings having
20a common parent with the birth parent. If more than one
21sibling, please give information requested below on reverse
22side of this form. If you are a sibling or parent of the birth
23parent, provide name(s) at birth and age(s) of the sibling(s)
24of the birth parent. If more than one sibling, please give
25information requested below on reverse side of this form.

 

 

HB1445 Engrossed- 39 -LRB096 05030 RCE 15096 b

1    Name (First) ..... (middle) ..... (last), .....(birth
2        date), ..... (city and state of birth), ...... (sex),
3        ..... (race).
4    Name(s) of common parent(s) (first) ..... (middle) .....
5        (last), .....(race), (first) ..... (middle) .....
6        (last), .....(race).
7My birth sibling/child of my brother/child of my sister/ was
8surrendered for adoption to ..... (name of agency) City and
9state of agency ..... Date .....(approximate) Other
10identifying information ..... (Please note that you must: (i)
11be at least 21 years of age to register; (ii) submit with your
12registration a certified copy of the birth parent's birth
13certificate; (iii) submit a certified copy of the birth
14parent's death certificate; and (iv) if you are a
15non-surrendered birth sibling or a sibling of the deceased
16birth parent, also submit a certified copy of your birth
17certificate with this registration. No application from a
18surviving relative of a deceased birth parent can be accepted
19if the birth parent filed a Denial of Information Exchange
20prior to his or her death.)
21
................................
22
(signature of birth parent's surviving relative)

 
23............                                     ............
24(date)                                (printed name of birth 
25                parent's surviving relative)
 

 

 

HB1445 Engrossed- 40 -LRB096 05030 RCE 15096 b

1    (c-5) The form of the Registration Identification Form for
2Surviving Relatives of Deceased Adopted or Surrendered Persons
3shall be substantially as follows:
4
REGISTRATION IDENTIFICATION FORM FOR
5
SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
6
(Insert all known information)
7I, ....., state the following:
8    Adopted or surrendered person's name at birth (if known):
9        (first) ..... (middle) ..... (last), .....(birth
10        date), ..... (city and state of birth), ...... (sex),
11        ..... (race).
12    Adopted or surrendered person's date of death:
13My relationship to the deceased adopted or surrendered
14person(check one): (adoptive mother) (adoptive father) (adult
15child) (surviving spouse).
16If you are an adult child or surviving spouse of the adopted or
17surrendered person, provide name(s) at birth and age(s) of the
18children of the adopted or surrendered person. If the adopted
19or surrendered person had more than one child, please give
20information requested below on reverse side of this form.
21    Name (first) ..... (middle) ..... (last), .....(birth
22        date), ..... (city and state of birth), ...... (sex),
23        ..... (race).
24    Name(s) of common parent(s) (first) ..... (middle) .....
25        (last), .....(race), (first) ..... (middle) .....

 

 

HB1445 Engrossed- 41 -LRB096 05030 RCE 15096 b

1        (last), .....(race).
2    My child/parent/deceased spouse was surrendered for
3    adoption to .....(name of agency) City and state of agency
4    ..... Date ..... (approximate) Other identifying
5    information ..... (Please note that you must: (i) be at
6    least 21 years of age to register; (ii) submit with your
7    registration a certified copy of the adopted or surrendered
8    person's death certificate; (iii) if you are the child of a
9    deceased adopted or surrendered person, also submit a
10    certified copy of your birth certificate with this
11    registration; and (iv) if you are the surviving wife or
12    husband of a deceased adopted or surrendered person, also
13    submit a copy of your marriage certificate with this
14    registration. No application from a surviving relative of a
15    deceased adopted or surrendered person can be accepted if
16    the adopted or surrendered person filed a Denial of
17    Information Exchange prior to his or her death.)
18
................................
19
(signature of adopted or surrendered person's surviving
20        relative)
 
21............                                     ............
22(date)               (printed name of adopted
23                                                             person's surviving relative)
 

 

 

HB1445 Engrossed- 42 -LRB096 05030 RCE 15096 b

1    (d) The form of the Information Exchange Authorization
2shall be substantially as follows:
3
INFORMATION EXCHANGE AUTHORIZATION
4    I, ....., state that I am the person who completed the
5Registration Identification; that I am of the age of .....
6years; that I hereby authorize the Department of Public Health
7to give to the following person(s) (birth mother ) (birth
8father) (birth sibling) (adopted or surrendered person )
9(adoptive mother) (adoptive father) (legal guardian of an
10adopted or surrendered person) (birth aunt) (birth uncle)
11(adult child of a deceased adopted or surrendered person)
12(surviving spouse of a deceased adopted or surrendered person)
13(all eligible relatives) the following (please check the
14information authorized for exchange):
15        [  ]  1. Only my name and last known address.
16        [  ]  2. A copy of my Illinois Adoption Registry
17    Application.
18        [  ]  3. A non-certified copy of the adopted or
19    surrendered person's original certificate of live birth
20    (check only if you are an adopted or surrendered person or
21    the surviving adult child or surviving spouse of a deceased
22    adopted or surrendered person).
23        [  ]  4. A copy of my completed medical questionnaire.
24    I am fully aware that I can only be supplied with
25information about an individual or individuals who have duly
26executed an Information Exchange Authorization that has not

 

 

HB1445 Engrossed- 43 -LRB096 05030 RCE 15096 b

1been revoked or, if I am an adopted or surrendered person, from
2a birth parent who completed a Birth Parent Preference Form and
3did not prohibit the release of his or her identity to me; that
4I can be contacted by writing to: ..... (own name or name of
5person to contact) (address) (phone number).
6NOTE: New IARMIE registrants who do not complete a Medical
7Information Exchange Questionnaire and release a copy of their
8questionnaire to at least one Registry applicant must pay a $15
9registration fee.
10    Dated (insert date).
11                                                             ..............
12                                               (signature)
 
13    (e) The form of the Denial of Information Exchange shall be
14substantially as follows:
15
DENIAL OF INFORMATION EXCHANGE
16    I, ....., state that I am the person who completed the
17Registration Identification; that I am of the age of .....
18years; that I hereby instruct the Department of Public Health
19not to give any identifying information about me to the
20following person(s) (birth mother) (birth father) (birth
21sibling)(adopted or surrendered person)(adoptive mother)
22(adoptive father)(legal guardian of an adopted or surrendered
23person)(birth aunt)(birth uncle)(adult child of a deceased
24adopted or surrendered person) (surviving spouse of a deceased
25adopted or surrendered person) (all eligible relatives).

 

 

HB1445 Engrossed- 44 -LRB096 05030 RCE 15096 b

1IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER
2JANUARY 1, 2011, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH
3PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH
4CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH
5PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING
6INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT
7ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT
8PREFERENCE FORM ON OR AFTER JANUARY 1, 2011. DENIALS FILED BY A
9BIRTH PARENT BEFORE JANUARY 1, 2011, WILL EXPIRE UPON THE DEATH
10OF THE BIRTH PARENT WITH RESPECT TO ACCESS TO IDENTIFYING
11INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE RELEASED TO AN
12ADULT ADOPTED OR SURRENDERED PERSON OR TO A SURVIVING ADULT
13CHILD OR SURVIVING SPOUSE OF A DECEASED ADOPTED OR SURRENDERED
14PERSON.
15    I do/do not (circle appropriate response) authorize the
16Registry to release a copy of my completed Medical Information
17Exchange Questionnaire to qualified Registry applicants. NOTE:
18New IARMIE registrants who do not complete a Medical
19Information Exchange Questionnaire and release a copy of their
20questionnaire to at least one Registry applicant must pay a $15
21registration fee. Birth parents filing a Denial of Information
22Exchange are advised that, under Illinois law, an adult adopted
23person may initiate a search for a birth parent who has filed a
24Denial of Information Exchange or Birth Parent Preference Form
25on which Option E was selected through the State confidential
26intermediary program once 5 years have elapsed since the filing

 

 

HB1445 Engrossed- 45 -LRB096 05030 RCE 15096 b

1of the Denial of Information Exchange or Birth Parent
2Preference Form.
3    Dated (insert date).
4                                                             ...............        
5                                      (signature)
 
6    (f) The form of the Birth Parent Preference Form shall be
7substantially as follows:
8    In recognition of the basic right of all persons to access
9their birth records, Illinois law now provides for the release
10of original birth certificates to adopted and surrendered
11persons 21 years of age or older upon request. While many birth
12parents are comfortable sharing their identities or initiating
13contact with their birth sons and daughters once they have
14reached adulthood, Illinois law also recognizes that there may
15be unique situations where a birth parent might have a
16compelling reason for not wishing to establish contact with a
17birth son or birth daughter or for not wishing to release
18identifying information that appears on the original birth
19certificate of a birth son or birth daughter who has reached
20adulthood. The Illinois Adoption Registry and Medical
21Information Exchange (IARMIE) has therefore established the
22attached this form to allow birth parents whose birth son or
23daughter was born on or after January 1, 1946, to express their
24preferences wishes regarding contact; and, if their birth child
25was born on or after January 1, 1946, to express their wishes

 

 

HB1445 Engrossed- 46 -LRB096 05030 RCE 15096 b

1regarding the sharing of identifying information listed on the
2original birth certificate with an adult adopted or surrendered
3person who has reached the age of 21 or his or her surviving
4relatives.
5    In selecting one of the 5 options below, birth parents
6should keep in mind that the decision to deny an adult adopted
7or surrendered person access to identifying information on his
8or her original birth record and/or information about
9genetically-transmitted diseases is an important decision one
10that may can impact the adopted or surrendered person's life in
11many ways. A request for anonymity on this form only pertains
12to information that is provided to an adult adopted or
13surrendered person or his or her surviving relatives through
14the Registry. This will and does not prevent the disclosure of
15identifying information that may be available to the adoptee
16through his or her adoptive parents and/or other means
17available to him or her. Birth parents who would prefer not to
18be contacted by their surrendered son or daughter are strongly
19urged to complete both the Non-Identifying Information Section
20included on the final page of the attached form this document
21and the Medical Questionnaire in order to provide their
22surrendered son or daughter with the background information he
23or she their surrendered son or daughter may need to better
24understand himself or herself and his or her origins. Birth
25parents whose birth son or birth daughter is under 21 years of
26age at the time of the completion of this form are reminded

 

 

HB1445 Engrossed- 47 -LRB096 05030 RCE 15096 b

1that no original birth certificate will be released by the
2IARMIE before an adoptee has reached the age of 21.
3Furthermore, birth parents whose surrendered son or daughter is
4under 21 years of age at the time of completion of this form
5are reminded that, since no original birth certificates are
6released by the IARMIE before an adoptee has reached the age of
721, and birth parents are encouraged to take as much time as
8they need to weigh the options available to them before
9completing this form. Should you need additional assistance in
10completing this form, please contact the agency that handled
11the adoption, if applicable, or the Illinois Adoption Registry
12and Medical Information Exchange at 877-323-5299 217-557-5159.
13    After careful consideration, I, (insert your name) ......,
14have made the following decision regarding contact with my
15birth son/birth daughter, (insert birth son's/birth daughter's
16name at birth, if applicable) ......, who was born in (insert
17city/town of birth) ...... on (insert date of birth)...... and
18the release of my identifying information as it appears on
19his/her original birth certificate when he/she reaches the age
20of 21, and I have chosen Option ...... (insert A, B, C, D, or E,
21as applicable). I realize that this form must be accompanied by
22a completed IARMIE application form as well as a Medical
23Information Exchange Questionnaire or the $15 registration
24fee. I am also aware that I may revoke this decision at any
25time by completing a new Birth Parent Preference Form and
26filing it with the IARMIE. I understand that it is my

 

 

HB1445 Engrossed- 48 -LRB096 05030 RCE 15096 b

1responsibility to update the IARMIE with any changes to contact
2information provided below. I also understand that, while
3preferences regarding the release of identifying information
4through the Registry are binding unless the law should change
5in the future, any selection I have made regarding my preferred
6method of contact is not.
7....................................
8(Signature/Date)
 
9(Please insert your signature and today's date above, as well
10as under your chosen option, A, B, C, D, or E below.)
 
11Option A. My birth son or birth daughter was born on or after
12January 1, 1946, and I agree to the release of my identifying
13information as it appears on my birth son's/birth daughter's
14original birth certificate, OR my birth son or birth daughter
15was born prior to January 1, 1946. I would welcome direct
16contact with my birth son/birth daughter when he or she has
17reached the age of 21. In addition, before my birth son or
18birth daughter has reached the age of 21 or in the event of his
19or her death, I would welcome contact with the following
20relatives of my birth child (circle all that apply): adoptive
21mother, adoptive father, surviving spouse, surviving adult
22child. and I wish to be contacted at the following mailing
23address, email address or phone number:
24.....................

 

 

HB1445 Engrossed- 49 -LRB096 05030 RCE 15096 b

1.............................................................
2.............................................................
3.............................................................
4(Signature/Date)
 
5Option B. My birth son or birth daughter was born on or after
6January 1, 1946, and I agree to the release of my identifying
7information as it appears on my birth son's/birth daughter's
8original birth certificate, OR my birth son or birth daughter
9was born prior to January 1, 1946. I would welcome contact with
10my birth son/birth daughter when he or she has reached the age
11of 21. In addition, before my birth son or birth daughter has
12reached the age of 21 or in the event of his or her death, I
13would welcome contact with the following relatives of my birth
14child (circle all that apply): adoptive mother, adoptive
15father, surviving spouse, surviving adult child. , but I would
16prefer to be contacted through the following person. (Insert
17name and mailing address, email address or phone number of
18chosen contact person.)
19.....................................
20.............................................................
21(Signature/Date)
 
22Option C. My birth son or birth daughter was born on or after
23January 1, 1946, and I agree to the release of my identifying
24information name as it appears on my birth son's/birth

 

 

HB1445 Engrossed- 50 -LRB096 05030 RCE 15096 b

1daughter's original birth certificate, OR my birth son or birth
2daughter was born prior to January 1, 1946. I would welcome
3contact with my birth son/birth daughter when he or she has
4reached the age of 21. In addition, before my birth son or
5birth daughter has reached the age of 21 or in the event of his
6or her death, I would welcome contact with the following
7relatives of my birth child (circle all that apply): adoptive
8mother, adoptive father, surviving spouse, surviving adult
9child. , but I would prefer to be contacted through the Illinois
10Confidential Intermediary Program confidential intermediary
11program (please call 800-526-9022 for additional information)
12or through the agency that handled the adoption. (Insert agency
13name, address and phone number, if applicable.)
14.............
15.............................................................
16(Signature/Date)
 
17Option D. My birth son or birth daughter was born on or after
18January 1, 1946, and I agree to the release of my identifying
19information name as it appears on my birth son's/birth
20daughter's original birth certificate when he or she has
21reached the age of 21, OR my birth son or birth daughter was
22born prior to January 1, 1946. but I would prefer not to be
23contacted by my birth son/birth daughter or his or her adoptive
24parents or surviving relatives when he or she has reached the
25age of 21.

 

 

HB1445 Engrossed- 51 -LRB096 05030 RCE 15096 b

1...................
2(Signature/Date)
 
3Option E. My birth son or birth daughter was born on or after
4January 1, 1946, and I wish to prohibit the release of my
5(circle ALL applicable options) first name, last name, last
6known address, birth son/birth daughter's last name (if last
7name listed is same as mine), as they appear on my birth
8son's/birth daughter's original birth certificate and do not
9wish to be contacted by my birth son/birth daughter when he or
10she has reached the age of 21. If there were any special
11circumstances that played a role in your decision to remain
12anonymous which you would like to share with your birth
13son/birth daughter, please list them in the space provided
14below (optional).
15...........................................
16.............................................................
17I understand that, although I have chosen to prohibit the
18release of my identity on the non-certified copy of the
19original birth certificate released to my birth son/birth
20daughter, he or she may request that a court-appointed
21confidential intermediary contact me to request updated
22medical information and/or confirm my desire to remain
23anonymous once 5 years have elapsed since the signing of this
24form; at the time of this subsequent search, I wish to be
25contacted through the person named below. (Insert in blank area

 

 

HB1445 Engrossed- 52 -LRB096 05030 RCE 15096 b

1below the name and phone number of the contact person, or leave
2it blank if you wish to be contacted directly.) I also
3understand that this request for anonymity shall expire upon my
4death.
5......................................................
6.............................................................
7(Signature/Date)
 
8NOTE: A copy of this form will be forwarded to your birth son
9or birth daughter should he or she file a request for his or
10her original birth certificate with the IARMIE. However, if you
11have selected Option E, identifying information, per your
12specifications above, will be deleted from the copy of this
13form forwarded to your birth son or daughter during your
14lifetime. In the event that an adopted or surrendered person is
15deceased, his or her surviving adult children may request a
16copy of the adopted or surrendered person's original birth
17certificate providing they have registered with the IARMIE; the
18copy of this form and the non-certified copy of the original
19birth certificate forwarded to the surviving child of the
20adopted or surrendered person shall be redacted per your
21specifications on this form during your lifetime.
22Non-Identifying Information Section
23I wish to voluntarily provide the following non-identifying
24information to my birth son or birth daughter surrendered son
25or daughter:

 

 

HB1445 Engrossed- 53 -LRB096 05030 RCE 15096 b

1My age at the time of my child's birth was .........
2My race is best described as: ..........................
3My height is: .........
4My body type is best described as (circle one): slim, average,
5muscular, a few extra pounds, or more than a few extra pounds.
6My natural hair color is/was: ..................
7My eye color is: ..................
8My religion is best described as: ..................
9My ethnic background is best described as: ..................
10My educational level is closest to (circle applicable
11response): completed elementary school, graduated from
12high school, attended college, earned bachelor's degree,
13earned master's degree, earned doctoral degree.
14My occupation is best described as ..................
15My hobbies include ..................
16My interests include ..................
17My talents include ..................
18In addition to my surrendered son or daughter, I also
19am the biological parent of (insert number) ....... boys and
20(insert number) ....... girls, of whom (insert number) .......
21are still living.
22The relationship between me and my child's birth mother/birth
23father would best be described as (circle appropriate
24response): husband and wife, ex-spouses, boyfriend and
25girlfriend, casual acquaintances, other (please specify)
26..............

 

 

HB1445 Engrossed- 54 -LRB096 05030 RCE 15096 b

1    (g) The form of the Request for a Non-Certified Copy of an
2Original Birth Certificate shall be substantially as follows:
3
REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH
4
CERTIFICATE
5    I, (requesting party's full name) ....., hereby request a
6non-certified copy of (check appropriate option) ..... my
7original birth certificate ..... the original birth
8certificate of my deceased adopted or surrendered parent .....
9the original birth certificate of my deceased adopted or
10surrendered spouse (insert deceased parent's/deceased spouse's
11name at adoption) ...... I/my deceased parent/my deceased
12spouse was born in (insert city and county of adopted or
13surrendered person's birth) ..... on ..... (insert adopted or
14surrendered person's date of birth). In the event that one or
15both of my/my deceased parent's/my deceased spouse's birth
16parents has requested that their identity not be released to
17me/to my deceased parent/to my deceased spouse, I wish to
18(check appropriate option) ..... a. receive a non-certified
19copy of the original birth certificate from which identifying
20information pertaining to the birth parent who requested
21anonymity has been deleted; or ..... b. I do not wish to
22received an altered copy of the original birth certificate.
23    Dated (insert date).
24        ...................
25
(signature)
     

 

 

 

HB1445 Engrossed- 55 -LRB096 05030 RCE 15096 b

1    (h) Any Information Exchange Authorization, Denial of
2Information Exchange, or Birth Parent Preference Form filed
3with the Registry, or Request for a Non-Certified Copy of an
4Original Birth Certificate filed with the Registry by a
5surviving adult child or surviving spouse of a deceased adopted
6or surrendered person, shall be acknowledged by the person who
7filed it before a notary public, in form substantially as
8follows:
9State of ..............
10County of .............
11    I, a Notary Public, in and for the said County, in the
12State aforesaid, do hereby certify that ...............
13personally known to me to be the same person whose name is
14subscribed to the foregoing certificate of acknowledgement,
15appeared before me in person and acknowledged that (he or she)
16signed such certificate as (his or her) free and voluntary act
17and that the statements in such certificate are true.
18    Given under my hand and notarial seal on (insert date).
19
.........................
20
(signature)
     
 
21    (i) When the execution of an Information Exchange
22Authorization, Denial of Information Exchange, or Birth Parent
23Preference Form or Request for a Non-Certified Copy of an
24Original Birth Certificate completed by a surviving adult child
25or surviving spouse of a deceased adopted or surrendered person

 

 

HB1445 Engrossed- 56 -LRB096 05030 RCE 15096 b

1is acknowledged before a representative of an agency, such
2representative shall have his signature on said Certificate
3acknowledged before a notary public, in form substantially as
4follows:
5State of..........
6County of.........
7    I, a Notary Public, in and for the said County, in the
8State aforesaid, do hereby certify that ..... personally known
9to me to be the same person whose name is subscribed to the
10foregoing certificate of acknowledgement, appeared before me
11in person and acknowledged that (he or she) signed such
12certificate as (his or her) free and voluntary act and that the
13statements in such certificate are true.
14    Given under my hand and notarial seal on (insert date).
15
.......................
16
(signature)
   
 
17    (j) When an Illinois Adoption Registry Application,
18Information Exchange Authorization, Denial of Information
19Exchange, Birth Parent Preference Form, or Request for a
20Non-Certified Copy of an Original Birth Certificate completed
21by a surviving adult child or surviving spouse of a deceased
22adopted or surrendered person is executed in a foreign country,
23the execution of such document shall be acknowledged or
24affirmed before an officer of the United States consular
25services.

 

 

HB1445 Engrossed- 57 -LRB096 05030 RCE 15096 b

1    (k) If the person signing an Information Exchange
2Authorization, Denial of Information, Birth Parent Preference
3Form, or Request for a Non-Certified Copy of an Original Birth
4Certificate completed by a surviving adult child or surviving
5spouse of a deceased adopted or surrendered person is in the
6military service of the United States, the execution of such
7document may be acknowledged before a commissioned officer and
8the signature of such officer on such certificate shall be
9verified or acknowledged before a notary public or by such
10other procedure as is then in effect for such division or
11branch of the armed forces.
12    (l) An adopted or surrendered person who completes a
13Request For a Non-Certified Copy of the Original Birth
14Certificate shall meet the same filing requirements and pay the
15same filing fees as a non-adopted person seeking to obtain a
16copy of his or her original birth certificate.
17(Source: P.A. 96-895, eff. 5-21-10.)
 
18    (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)
19    Sec. 18.3a. Confidential intermediary.
20    (a) General purposes. Notwithstanding any other provision
21of this Act, any adopted or surrendered person 21 years of age
22or over, any adoptive parent or legal guardian of an adopted or
23surrendered person under the age of 21, or any birth parent of
24an adopted or surrendered person who is 21 years of age or over
25may petition the court in any county in the State of Illinois

 

 

HB1445 Engrossed- 58 -LRB096 05030 RCE 15096 b

1for appointment of a confidential intermediary as provided in
2this Section for the purpose of exchanging medical information
3with one or more mutually consenting biological relatives,
4obtaining identifying information about one or more mutually
5consenting biological relatives, or arranging contact with one
6or more mutually consenting biological relatives.
7Additionally, in cases where an adopted or surrendered person
8is deceased, an adult child of the adopted or surrendered
9person or his or her adoptive parents or surviving spouse may
10file a petition under this Section and in cases where the birth
11parent is deceased, an adult birth sibling of the adopted or
12surrendered person or of the deceased birth parent may file a
13petition under this Section for the purpose of exchanging
14medical information with one or more mutually consenting
15biological relatives of the adopted or surrendered person,
16obtaining identifying information about one or more mutually
17consenting biological relatives of the adopted or surrendered
18person, or arranging contact with one or more mutually
19consenting biological relatives of the adopted or surrendered
20person. Beginning January 1, 2006, any adopted or surrendered
21person 21 years of age or over; any adoptive parent or legal
22guardian of an adopted or surrendered person under the age of
2321; any birth parent, birth sibling, birth aunt, or birth uncle
24of an adopted or surrendered person over the age of 21; any
25surviving child, adoptive parent, or surviving spouse of a
26deceased adopted or surrendered person who wishes to petition

 

 

HB1445 Engrossed- 59 -LRB096 05030 RCE 15096 b

1the court for the appointment of a confidential intermediary
2shall be required to accompany their petition with proof of
3registration with the Illinois Adoption Registry and Medical
4Information Exchange.
5    (b) Petition. Upon petition by an adopted or surrendered
6person 21 years of age or over (an "adult adopted or
7surrendered person"), an adoptive parent or legal guardian of
8an adopted or surrendered person under the age of 21, or a
9birth parent of an adopted or surrendered person who is 21
10years of age or over, the court shall appoint a confidential
11intermediary. Upon petition by an adult child, adoptive parent
12or surviving spouse of an adopted or surrendered person who is
13deceased, by an adult birth sibling of an adopted or
14surrendered person whose common birth parent is deceased and
15whose adopted or surrendered birth sibling is 21 years of age
16or over, or by an adult sibling of a birth parent who is
17deceased, and whose surrendered child is 21 years of age or
18over, the court may appoint a confidential intermediary if the
19court finds that the disclosure is of greater benefit than
20nondisclosure. The petition shall state which biological
21relative or relatives are being sought and shall indicate if
22the petitioner wants to do any one or more of the following:
23exchange medical information with the biological relative or
24relatives, obtain identifying information from the biological
25relative or relatives, or to arrange contact with the
26biological relative.

 

 

HB1445 Engrossed- 60 -LRB096 05030 RCE 15096 b

1    (c) Order. The order appointing the confidential
2intermediary shall allow that intermediary to conduct a search
3for the sought-after relative by accessing those records
4described in subsection (g) of this Section.
5    (d) Fees and expenses. The court shall condition the
6appointment of the confidential intermediary on the
7petitioner's payment of the intermediary's fees and expenses in
8advance of the commencement of the work of the confidential
9intermediary. However, no fee shall be charged if the
10petitioner is an adult adopted or surrendered person and the
11sought-after relative is a birth parent who filed a Denial with
12the Registry prior to January 1, 2011, or filed a Birth Parent
13Preference Form on which Option E was selected after January 1,
142011 and more than 5 years have transpired since the birth
15parent filed the Denial of Information Exchange or Birth Parent
16Preference Form on which Option E was selected.
17    (e) Eligibility of intermediary. The court may appoint as
18confidential intermediary any person certified by the
19Department of Children and Family Services as qualified to
20serve as a confidential intermediary. Certification shall be
21dependent upon the confidential intermediary completing a
22course of training including, but not limited to, applicable
23federal and State privacy laws.
24    (f) Confidential Intermediary Council. There shall be
25established under the Department of Children and Family
26Services a Confidential Intermediary Advisory Council. One

 

 

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1member shall be an attorney representing the Attorney General's
2Office appointed by the Attorney General. One member shall be a
3currently certified confidential intermediary appointed by the
4Director of the Department of Children and Family Services. The
5Director shall also appoint 5 additional members. When making
6those appointments, the Director shall consider advocates for
7adopted persons, adoptive parents, birth parents, lawyers who
8represent clients in private adoptions, lawyers specializing
9in privacy law, and representatives of agencies involved in
10adoptions. The Director shall appoint one of the 7 members as
11the chairperson. An attorney from the Department of Children
12and Family Services and the person directly responsible for
13administering the confidential intermediary program shall
14serve as ex-officio, non-voting advisors to the Council.
15Council members shall serve at the discretion of the Director
16and shall receive no compensation other than reasonable
17expenses approved by the Director. The Council shall meet no
18less than twice yearly and shall meet at least once yearly with
19the Registry Advisory Council, and shall make recommendations
20to the Director regarding the development of rules, procedures,
21and forms that will ensure efficient and effective operation of
22the confidential intermediary process, including:
23        (1) Standards for certification for confidential
24    intermediaries.
25        (2) Oversight of methods used to verify that
26    intermediaries are complying with the appropriate laws.

 

 

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1        (3) Training for confidential intermediaries,
2    including training with respect to federal and State
3    privacy laws.
4        (4) The relationship between confidential
5    intermediaries and the court system, including the
6    development of sample orders defining the scope of the
7    intermediaries' access to information.
8        (5) Any recent violations of policy or procedures by
9    confidential intermediaries and remedial steps, including
10    decertification, to prevent future violations.
11    (g)  Access. Subject to the limitations of subsection (i)
12of this Section, the confidential intermediary shall have
13access to vital records or a comparable public entity that
14maintains vital records in another state in accordance with
15that state's laws, maintained by the Department of Public
16Health and its local designees for the maintenance of vital
17records or a comparable public entity that maintains vital
18records in another state in accordance with that state's laws
19and all records of the court or any adoption agency, public or
20private, as limited in this Section, which relate to the
21adoption or the identity and location of an adopted or
22surrendered person, of an adult child or surviving spouse of a
23deceased adopted or surrendered person, or of a birth parent,
24birth sibling, or the sibling of a deceased birth parent. The
25confidential intermediary shall not have access to any personal
26health information protected by the Standards for Privacy of

 

 

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1Individually Identifiable Health Information adopted by the
2U.S. Department of Health and Human Services under the Health
3Insurance Portability and Accountability Act of 1996 unless the
4confidential intermediary has obtained written consent from
5the person whose information is being sought by an adult
6adopted or surrendered person or, if that person is a minor
7child, that person's parent or guardian. Confidential
8intermediaries shall be authorized to inspect confidential
9relinquishment and adoption records. The confidential
10intermediary shall not be authorized to access medical records,
11financial records, credit records, banking records, home
12studies, attorney file records, or other personal records. In
13cases where a birth parent is being sought, an adoption agency
14shall inform the confidential intermediary of any statement
15filed pursuant to Section 18.3, hereinafter referred to as "the
1618.3 statement", indicating a desire of the surrendering birth
17parent to have identifying information shared or to not have
18identifying information shared. If there was a clear statement
19of intent by the sought-after birth parent not to have
20identifying information shared, the confidential intermediary
21shall discontinue the search and inform the petitioning party
22of the sought-after relative's intent unless the birth parent
23filed the 18.3 statement prior to the effective date of this
24amendatory Act of the 96th General Assembly and more than 5
25years have elapsed since the filing of the 18.3 statement. If
26the adult adopted or surrendered person is the subject of an

 

 

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118.3 statement indicating a desire not to establish contact
2which was filed more than 5 years prior to the search request,
3the confidential intermediary shall confirm the petitioner's
4desire to continue the search. Information provided to the
5confidential intermediary by an adoption agency shall be
6restricted to the full name, date of birth, place of birth,
7last known address, last known telephone number of the
8sought-after relative or, if applicable, of the children or
9siblings of the sought-after relative, and the 18.3 statement.
10    (h) Adoption agency disclosure of medical information. If
11the petitioner is an adult adopted or surrendered person or the
12adoptive parent of a minor and if the petitioner has signed a
13written authorization to disclose personal medical
14information, an adoption agency disclosing information to a
15confidential intermediary shall disclose available medical
16information about the adopted or surrendered person from birth
17through adoption.
18    (i) Duties of confidential intermediary in conducting a
19search. In conducting a search under this Section, the
20confidential intermediary shall first confirm that there is no
21Denial of Information Exchange on file with the Illinois
22Adoption Registry. If the petitioner is an adult child of an
23adopted or surrendered person who is deceased, the confidential
24intermediary shall additionally confirm that the adopted or
25surrendered person did not file a Denial of Information
26Exchange or a Birth Parent Preference Form with Option E

 

 

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1selected with the Illinois Adoption Registry during his or her
2life. If there is a Denial on file with the Registry, the
3confidential intermediary must discontinue the search unless
4the petitioner is an adult adopted or surrendered person and
5the sought-after birth relative filed the Denial 5 years or
6more prior to the search or the birth parent has not been the
7object of a search through the State confidential intermediary
8program for 10 or more years. If the petitioner is an adult
9adopted or surrendered person and there is a Birth Parent
10Preference Form on file with the Registry and the birth parent
11who completed the form selected Option E, the confidential
12intermediary must discontinue the search unless 5 years or more
13have elapsed since the filing of the Birth Parent Preference
14Form. If the petitioner is an adult birth sibling of an adopted
15or surrendered person or an adult sibling of a birth parent who
16is deceased, the confidential intermediary shall additionally
17confirm that the birth parent did not file a Denial of
18Information Exchange or a Birth Parent Preference Form with
19Option E selected with the Registry during his or her life. If
20the confidential intermediary learns that a sought-after birth
21parent signed an 18.3 statement indicating his or her intent
22not to have identifying information shared, and did not later
23file an Information Exchange Authorization or a Birth Parent
24Preference Form with the Registry, the confidential
25intermediary shall discontinue the search and inform the
26petitioning party of the birth parent's intent, unless the

 

 

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1petitioner is an adult adopted or surrendered person and 5
2years or more have elapsed since the birth parent signed the
3statement indicating his or her intent not to have identifying
4information shared. In cases where the birth parent filed a
5Denial of Information Exchange or Birth Parent Preference Form
6where Option E was selected, or statement indicating his or her
7intent not to have identifying information shared less than 5
8years prior to the search request and the petitioner is an
9adult adopted or surrendered person, the confidential
10intermediary shall inform the petitioner of the need to
11discontinue the search until 5 years have elapsed since the
12Denial of Information Exchange or Birth Parent Preference Form
13where Option E was selected, or statement was filed; in cases
14where a birth parent was previously the subject of a search
15through the State confidential intermediary program, the
16confidential intermediary shall inform the petitioner of the
17need to discontinue the search until 10 years or more have
18elapsed since the initial search was closed. In cases where a
19birth parent has been the object of 2 searches through the
20State confidential intermediary program, no subsequent search
21for the birth parent shall be authorized absent a court order
22to the contrary.
23    In conducting a search under this Section, the confidential
24intermediary shall attempt to locate the relative or relatives
25from whom the petitioner has requested information. If the
26sought-after relative is deceased or cannot be located after a

 

 

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1diligent search, the confidential intermediary may contact
2other adult relatives of the sought-after relative.
3    The confidential intermediary shall contact a sought-after
4relative on behalf of the petitioner in a manner that respects
5the sought-after relative's privacy and shall inform the
6sought-after relative of the petitioner's request for medical
7information, identifying information or contact as stated in
8the petition. Based upon the terms of the petitioner's request,
9the confidential intermediary shall contact a sought-after
10relative on behalf of the petitioner and inform the
11sought-after relative of the following options:
12        (1) The sought-after relative may totally reject one or
13    all of the requests for medical information, identifying
14    information or contact. The sought-after relative shall be
15    informed that they can provide a medical questionnaire to
16    be forwarded to the petitioner without releasing any
17    identifying information. The confidential intermediary
18    shall inform the petitioner of the sought-after relative's
19    decision to reject the sharing of information or contact.
20        (2) The sought-after relative may consent to
21    completing a medical questionnaire only. In this case, the
22    confidential intermediary shall provide the questionnaire
23    and ask the sought-after relative to complete it. The
24    confidential intermediary shall forward the completed
25    questionnaire to the petitioner and inform the petitioner
26    of the sought-after relative's desire to not provide any

 

 

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1    additional information.
2        (3) The sought-after relative may communicate with the
3    petitioner without having his or her identity disclosed. In
4    this case, the confidential intermediary shall arrange the
5    desired communication in a manner that protects the
6    identity of the sought-after relative. The confidential
7    intermediary shall inform the petitioner of the
8    sought-after relative's decision to communicate but not
9    disclose his or her identity.
10        (4) The sought-after sought after relative may consent
11    to initiate contact with the petitioner. If both the
12    petitioner and the sought-after relative or relatives are
13    eligible to register with the Illinois Adoption Registry,
14    the confidential intermediary shall provide the necessary
15    application forms and request that the sought-after
16    relative register with the Illinois Adoption Registry. If
17    either the petitioner or the sought-after relative or
18    relatives are ineligible to register with the Illinois
19    Adoption Registry, the confidential intermediary shall
20    obtain written consents from both parties that they wish to
21    disclose their identities to each other and to have contact
22    with each other.
23    (j) Oath. The confidential intermediary shall sign an oath
24of confidentiality substantially as follows: "I, ..........,
25being duly sworn, on oath depose and say: As a condition of
26appointment as a confidential intermediary, I affirm that:

 

 

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1        (1) I will not disclose to the petitioner, directly or
2    indirectly, any confidential information except in a
3    manner consistent with the law.
4        (2) I recognize that violation of this oath subjects me
5    to civil liability and to a potential finding of contempt
6    of court. ................................
7SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
8date)
9................................."
10    (k) Sanctions.
11        (1) Any confidential intermediary who improperly
12    discloses confidential information identifying a
13    sought-after relative shall be liable to the sought-after
14    relative for damages and may also be found in contempt of
15    court.
16        (2) Any person who learns a sought-after relative's
17    identity, directly or indirectly, through the use of
18    procedures provided in this Section and who improperly
19    discloses information identifying the sought-after
20    relative shall be liable to the sought-after relative for
21    actual damages plus minimum punitive damages of $10,000.
22        (3) The Department shall fine any confidential
23    intermediary who improperly discloses confidential
24    information in violation of item (1) or (2) of this
25    subsection (k) an amount up to $2,000 per improper
26    disclosure. This fine does not affect civil liability under

 

 

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1    item (2) of this subsection (k). The Department shall
2    deposit all fines and penalties collected under this
3    Section into the Illinois Adoption Registry and Medical
4    Information Fund.
5    (l) Death of person being sought. Notwithstanding any other
6provision of this Act, if the confidential intermediary
7discovers that the person being sought has died, he or she
8shall report this fact to the court, along with a copy of the
9death certificate. If the sought-after relative is a birth
10parent, the confidential intermediary shall also forward a copy
11of the birth parent's death certificate, if available, to the
12Registry for inclusion in the Registry file.
13    (m) Any confidential information obtained by the
14confidential intermediary during the course of his or her
15search shall be kept strictly confidential and shall be used
16for the purpose of arranging contact between the petitioner and
17the sought-after birth relative. At the time the case is
18closed, all identifying information shall be returned to the
19court for inclusion in the impounded adoption file.
20    (n) If the petitioner is an adopted or surrendered person
2121 years of age or over or the adoptive parent or legal
22guardian of an adopted or surrendered person under the age of
2321, any non-identifying information, as defined in Section
2418.4, that is ascertained during the course of the search may
25be given in writing to the petitioner at any time during the
26search before the case is closed.

 

 

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1    (o) Except as provided in subsection (k) of this Section,
2no liability shall accrue to the State, any State agency, any
3judge, any officer or employee of the court, any certified
4confidential intermediary, or any agency designated to oversee
5confidential intermediary services for acts, omissions, or
6efforts made in good faith within the scope of this Section.
7    (p) An adoption agency that has received a request from a
8confidential intermediary for the full name, date of birth,
9last known address, or last known telephone number of a
10sought-after relative pursuant to subsection (g) of Section
1118.3a, or for medical information regarding a sought-after
12relative pursuant to subsection (h) of Section 18.3a, must
13satisfactorily comply with this court order within a period of
1445 days. The court shall order the adoption agency to reimburse
15the petitioner in an amount equal to all payments made by the
16petitioner to the confidential intermediary, and the adoption
17agency shall be subject to a civil monetary penalty of $1,000
18to be paid to the Department of Children and Family Services.
19Following the issuance of a court order finding that the
20adoption agency has not complied with Section 18.3, the
21adoption agency shall be subject to a monetary penalty of $500
22per day for each subsequent day of non-compliance. Proceeds
23from such fines shall be utilized by the Department of Children
24and Family Services to subsidize the fees of petitioners as
25referenced in subsection (d) of this Section.
26    (q) Provide information to eligible petitioner. The

 

 

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1confidential intermediary may provide to eligible petitioners
2as described in subsections (a) and (b) of this Section, the
3name of the child welfare agency which had legal custody of the
4surrendered person or responsibility for placing the
5surrendered person and any available contact information for
6such agency. In addition, the confidential intermediary may
7provide to such petitioners the name of the state in which the
8surrender occurred or in which the adoption was finalized.
9    Any reimbursements and fines, notwithstanding any
10reimbursement directly to the petitioner, paid under this
11subsection are in addition to other remedies a court may
12otherwise impose by law.
13    The Department of Children and Family Services shall submit
14reports to the Confidential Intermediary Advisory Council by
15July 1 and January 1 of each year in order to report the
16penalties assessed and collected under this subsection, the
17amounts of related deposits into the DCFS Children's Services
18Fund, and any expenditures from such deposits.
19(Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10.)
 
20    (750 ILCS 50/18.6)  (from Ch. 40, par. 1522.6)
21    Sec. 18.6. Registry fees. The Department of Public Health
22shall levy a fee for each registrant under Sections 18.05
23through 18.5. A $15 fee shall be charged for registering with
24the Illinois Adoption Registry and Medical Information
25Exchange. However, this fee shall be waived for all adopted or

 

 

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1surrendered persons, surviving children and spouses of
2deceased adopted persons, adoptive parents, legal guardians,
3birth parents, birth aunts, birth uncles, and birth siblings
4who complete a Medical Information Exchange Questionnaire at
5the time of registration and authorize its release to specified
6registered parties, and for adoptive parents registering
7within 12 months of the finalization of the adoption. All
8persons who were registered with the Illinois Adoption Registry
9prior to the effective date of this amendatory Act of 1999 and
10who wish to update their registration may do so without charge.
11No charge of any kind shall be made for the withdrawal of any
12form provided in Section 18.2.
13(Source: P.A. 96-895, eff. 5-21-10.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.