Full Text of HB1445 96th General Assembly
HB1445ham001 96TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 11/17/2010
| | 09600HB1445ham001 | | LRB096 05030 AJO 44023 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1445
| 2 | | AMENDMENT NO. ______. Amend House Bill 1445 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Vital Records Act is amended by changing | 5 | | Section 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 | 8 | | Registrar of Vital
Records shall establish a new certificate of | 9 | | birth 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.
|
| | | 09600HB1445ham001 | - 2 - | LRB096 05030 AJO 44023 a |
|
| 1 | | (b) A certificate of adoption or a certified copy of | 2 | | the order of
adoption entered in a court of competent | 3 | | jurisdiction of any other state or
country declaring | 4 | | adopted a child born in the State of Illinois, together
| 5 | | with the information necessary to identify the original | 6 | | certificate of
birth and to establish the new certificate | 7 | | of birth; except that a new
certificate of birth shall not | 8 | | be established if so requested by the court
ordering the | 9 | | adoption, the adoptive parents, or the adopted person.
| 10 | | (c) A request that a new certificate be established and | 11 | | such evidence as
required by regulation proving that such | 12 | | person has been legitimatized, or
that the circuit court, | 13 | | the Department of Healthcare and Family Services (formerly
| 14 | | Illinois Department of Public Aid), or
a court or | 15 | | administrative agency of any other state
has established
| 16 | | the paternity of such a person
by judicial or | 17 | | administrative processes or by voluntary acknowledgment,
| 18 | | which is accompanied by the social security
numbers of all | 19 | | persons determined and presumed to be the parents.
| 20 | | (d) An affidavit by a physician that he has performed | 21 | | an operation on a
person, and that by reason of the | 22 | | operation the sex designation on such
person's birth record | 23 | | should be changed. The State Registrar of Vital
Records may | 24 | | make any investigation or require any further information | 25 | | he
deems necessary.
| 26 | | Each request for a new certificate of birth shall be |
| | | 09600HB1445ham001 | - 3 - | LRB096 05030 AJO 44023 a |
|
| 1 | | accompanied by a fee
of $15 and entitles the applicant to one | 2 | | certification or certified copy
of the new certificate. If the | 3 | | request is for additional copies, it shall
be accompanied by a | 4 | | fee of $2 for each additional certification or certified
copy.
| 5 | | (2) When a new certificate of birth is established, the | 6 | | actual place and
date of birth shall be shown; provided, in the | 7 | | case of adoption of a person
born in this State by parents who | 8 | | were residents of this State at the time
of the birth of the | 9 | | adopted person, the place of birth may be shown as the
place of | 10 | | residence of the adoptive parents at the time of such person's
| 11 | | birth, if specifically requested by them, and any new | 12 | | certificate of birth
established prior to the effective date of | 13 | | this amendatory Act may be
corrected accordingly if so | 14 | | requested by the adoptive parents or the
adopted person when of | 15 | | legal age. The social security numbers of the
parents shall not | 16 | | be recorded on the certificate of birth. The social
security | 17 | | numbers may only be used for purposes allowed under federal | 18 | | law.
The new certificate shall be substituted for the original | 19 | | certificate of birth:
| 20 | | (a) Thereafter, the original certificate and the | 21 | | evidence of adoption,
paternity, legitimation, or sex | 22 | | change shall not be subject to inspection
or certification | 23 | | except upon order of the circuit court or
as provided by | 24 | | regulation. If the new certificate was issued subsequent to | 25 | | an adoption, the original certificate shall not be subject | 26 | | to inspection until the adopted person has reached the age |
| | | 09600HB1445ham001 | - 4 - | LRB096 05030 AJO 44023 a |
|
| 1 | | of 21; thereafter, the original certificate shall be made | 2 | | available as provided by Section 18.1b of the Adoption Act.
| 3 | | (b) Upon receipt of notice of annulment of adoption, | 4 | | the original
certificate of birth shall be restored to its | 5 | | place in the files, and the
new certificate and evidence | 6 | | shall not be subject to inspection or
certification except | 7 | | upon order of the circuit court.
| 8 | | (3) If no certificate of birth is on file for the person | 9 | | for whom a new
certificate is to be established under this | 10 | | Section, a delayed record of
birth shall be filed with the | 11 | | State Registrar of Vital Records as provided
in Section 14 or | 12 | | Section 15 of this Act before a new certificate of birth
is | 13 | | established, except that when the date and place of birth and | 14 | | parentage
have been established in the adoption proceedings, a | 15 | | delayed record shall
not be required.
| 16 | | (4) When a new certificate of birth is established by the | 17 | | State
Registrar of Vital Records, all copies of the original | 18 | | certificate of birth
in the custody of any custodian of | 19 | | permanent local records in this State
shall be transmitted to | 20 | | the State Registrar of Vital Records as directed,
and shall be | 21 | | sealed from inspection.
| 22 | | (5) Nothing in this Section shall be construed to prohibit | 23 | | the amendment
of a birth certificate in accordance with | 24 | | subsection (6) of Section 22.
| 25 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
| | | 09600HB1445ham001 | - 5 - | LRB096 05030 AJO 44023 a |
|
| 1 | | Section 10. The Adoption Act is amended by changing | 2 | | Sections 18.06, 18.1, 18.1a, 18.1b, 18.2, 18.3a, and 18.6 as | 3 | | follows:
| 4 | | (750 ILCS 50/18.06)
| 5 | | Sec. 18.06. Definitions. When used in Sections
18.05 | 6 | | through Section 18.6, for the purposes of the Registry:
| 7 | | "Adopted person" means a person who was adopted
pursuant to | 8 | | the laws in effect at the time of the adoption.
| 9 | | "Adoptive parent" means a person who has become a parent | 10 | | through the legal
process of adoption.
| 11 | | "Adult child" means the biological child 21 years of age or | 12 | | over of a deceased adopted or surrendered person.
| 13 | | "Adult Adopted or Surrendered Person" means an adopted or | 14 | | surrendered person 21 years of age or over. | 15 | | "Agency" means a public child welfare agency or a licensed | 16 | | child welfare
agency.
| 17 | | "Birth aunt" means the adult full or half sister of a | 18 | | deceased birth parent.
| 19 | | "Birth father" means the biological father of an adopted or | 20 | | surrendered
person who is named on the original certificate of | 21 | | live birth or on a consent
or surrender document, or a | 22 | | biological father whose paternity has been
established by a | 23 | | judgment or order of the court, pursuant to the Illinois
| 24 | | Parentage Act of 1984.
| 25 | | "Birth mother" means the biological mother of an adopted or |
| | | 09600HB1445ham001 | - 6 - | LRB096 05030 AJO 44023 a |
|
| 1 | | surrendered
person.
| 2 | | "Birth parent" means a birth mother or birth father of an | 3 | | adopted or
surrendered person.
| 4 | | "Birth Parent Preference Form" means the form prepared by | 5 | | the Department of Public Health pursuant to Section 18.2 | 6 | | completed by a birth parent registrant and filed with the | 7 | | Registry that indicates the birth parent's preferences | 8 | | regarding contact and , if applicable, the release of his or her | 9 | | identifying information on the non-certified copy of the | 10 | | original birth certificate released to an adult adopted or | 11 | | surrendered person or to the surviving adult child or surviving | 12 | | spouse of a deceased adopted or surrendered person who has | 13 | | filed a Request for a Non-Certified Copy of an Original Birth | 14 | | Certificate. | 15 | | "Birth relative" means a birth mother, birth father, birth | 16 | | sibling, birth aunt, or birth uncle.
| 17 | | "Birth sibling" means the adult full or half sibling
of an | 18 | | adopted or
surrendered person.
| 19 | | "Birth uncle" means the adult full or half brother of a | 20 | | deceased birth parent.
| 21 | | "Confidential intermediary" means an individual certified | 22 | | by the Department of Children and Family Services pursuant to | 23 | | Section 18.3a(e). | 24 | | "Denial of Information Exchange" means an affidavit | 25 | | completed by a
registrant with the Illinois Adoption Registry | 26 | | and Medical Information Exchange
denying the release of |
| | | 09600HB1445ham001 | - 7 - | LRB096 05030 AJO 44023 a |
|
| 1 | | identifying information which has been filed with the Registry.
| 2 | | "Information Exchange Authorization" means
an affidavit | 3 | | completed by a registrant with the Illinois Adoption Registry | 4 | | and
Medical Information Exchange authorizing the release of | 5 | | identifying
information which has been filed with the Registry.
| 6 | | "Medical Information Exchange Questionnaire" means the | 7 | | medical
history
questionnaire completed by a registrant of the | 8 | | Illinois Adoption Registry and
Medical Information Exchange.
| 9 | | "Non-certified Copy of the Original Birth Certificate" | 10 | | means a non-certified copy of the original certificate of live | 11 | | birth of an adult adopted or surrendered person who was born in | 12 | | Illinois. | 13 | | "Proof of death" means a death certificate.
| 14 | | "Registrant" or "Registered Party" means a birth parent, | 15 | | birth sibling,
birth aunt, birth uncle, adopted or surrendered | 16 | | person 21 years of age or over, adoptive parent or legal
| 17 | | guardian of an adopted or surrendered person under the age of | 18 | | 21, or adoptive parent, surviving spouse, or adult child of a | 19 | | deceased adopted or surrendered person who has filed
an | 20 | | Illinois Adoption Registry Application or Registration | 21 | | Identification Form
with the Registry.
| 22 | | "Registry" means the Illinois Adoption Registry and | 23 | | Medical Information Exchange. | 24 | | "Request for a Non-Certified Copy of an Original Birth | 25 | | Certificate" means an affidavit completed by an adult adopted | 26 | | or surrendered person or by the surviving adult child or |
| | | 09600HB1445ham001 | - 8 - | LRB096 05030 AJO 44023 a |
|
| 1 | | surviving spouse of a deceased adopted or surrendered person | 2 | | and filed with the Registry requesting a non-certified copy of | 3 | | an adult adopted or surrendered person's original certificate | 4 | | of live birth in Illinois. | 5 | | "Surrendered person" means a person whose parents' rights | 6 | | have been
surrendered or terminated but who has not been | 7 | | adopted.
| 8 | | "Surviving spouse" means the wife or husband of a deceased | 9 | | adopted or surrendered person who is over the age of 21 and who | 10 | | has one or more biological children under the age of 21.
| 11 | | "18.3 Statement" means a statement regarding the | 12 | | disclosure of identifying information signed by a birth parent | 13 | | under Section 18.3 of this Act as it existed immediately prior | 14 | | to the effective date of this amendatory Act of the 96th | 15 | | General Assembly. | 16 | | (Source: P.A. 96-895, eff. 5-21-10.)
| 17 | | (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
| 18 | | Sec. 18.1. Disclosure of identifying information.
| 19 | | (a) The Department of Public Health shall establish and | 20 | | maintain a
Registry for the purpose of allowing mutually
| 21 | | consenting members of birth and adoptive families to exchange | 22 | | identifying and medical information. Identifying information | 23 | | for
the purpose of this Act shall mean any one or more of the | 24 | | following:
| 25 | | (1) The name and last known address of the consenting |
| | | 09600HB1445ham001 | - 9 - | LRB096 05030 AJO 44023 a |
|
| 1 | | person or persons.
| 2 | | (2) A copy of the Illinois Adoption Registry | 3 | | Application of the
consenting person or persons.
| 4 | | (3) A non-certified copy of the original birth | 5 | | certificate of an adult adopted
or surrendered person.
| 6 | | (b) Written authorization from all parties identified must | 7 | | be received prior
to disclosure of any identifying information, | 8 | | with the exception of non-certified copies of original birth | 9 | | certificates released to adult adopted or surrendered persons | 10 | | or to surviving adult children and surviving spouses of | 11 | | deceased adopted or surrendered persons pursuant to the | 12 | | procedures outlined in Section 18.1b(e).
| 13 | | (c) At any time after a child is surrendered for adoption, | 14 | | or at any
time during the adoption proceedings or at any time | 15 | | thereafter, either
birth parent or both of them may file with | 16 | | the Registry a Birth
Parent Registration Identification Form | 17 | | and an Information Exchange
Authorization or a Denial of | 18 | | Information Exchange .
| 19 | | (d) A birth sibling 21 years of age or over who was not | 20 | | surrendered for
adoption and who has submitted a copy of his or | 21 | | her birth certificate as well as proof of death for a deceased | 22 | | birth parent
and such birth parent did not file a Denial of | 23 | | Information Exchange or a Birth Parent Preference Form on which | 24 | | Option E was selected with the
Registry prior to his or her | 25 | | death may file a Registration Identification Form
and an | 26 | | Information Exchange Authorization or a Denial of Information |
| | | 09600HB1445ham001 | - 10 - | LRB096 05030 AJO 44023 a |
|
| 1 | | Exchange.
| 2 | | (e) A birth aunt or birth uncle who has submitted birth | 3 | | certificates for himself or herself and for a deceased birth | 4 | | parent naming at least one common biological parent as well as | 5 | | proof of death for the deceased birth parent and such birth | 6 | | parent did not file a Denial of Information Exchange or a Birth | 7 | | Parent Preference Form on which Option E was selected with the | 8 | | Registry prior to his or her death may file a Registration | 9 | | Identification Form and an Information Exchange Authorization | 10 | | or a Denial of Information Exchange.
| 11 | | (f) Any adopted person 21 years of age or over, any | 12 | | surrendered person
21 years of age or over, or any adoptive | 13 | | parent or legal guardian of an
adopted or surrendered person | 14 | | under the age of 21 may file with the Registry
a Registration | 15 | | Identification Form and an Information Exchange Authorization
| 16 | | or a Denial of Information Exchange.
| 17 | | (g) Any adult child 21 years of age or over of a deceased | 18 | | adopted or surrendered person who has submitted a copy of his | 19 | | or her birth certificate naming an adopted or surrendered | 20 | | person as his or her biological parent as well as proof of | 21 | | death for the deceased adopted or surrendered person and such | 22 | | adopted or surrendered person did not file a Denial of | 23 | | Information Exchange with the Registry prior to his or her | 24 | | death may file a Registration Identification Form and an | 25 | | Information Exchange Authorization or a Denial of Information | 26 | | Exchange.
|
| | | 09600HB1445ham001 | - 11 - | LRB096 05030 AJO 44023 a |
|
| 1 | | (h) Any surviving spouse of a deceased adopted or | 2 | | surrendered person 21 years of age or over who has submitted | 3 | | proof of death for the deceased adopted or surrendered person | 4 | | and such adopted or surrendered person did not file a Denial of | 5 | | Information Exchange with the Registry prior to his or her | 6 | | death as well as a birth certificate naming themselves and the | 7 | | adopted or surrendered person as the parents of a minor child | 8 | | under the age of 21 may file a Registration Identification Form | 9 | | and an Information Exchange Authorization or a Denial of | 10 | | Information Exchange.
| 11 | | (i) Any adoptive parent or legal guardian of a deceased | 12 | | adopted or surrendered person who is 21 years of age or over | 13 | | who has submitted proof of death as well as proof of parentage | 14 | | or guardianship for the deceased adopted or surrendered person | 15 | | and such adopted or surrendered person did not file a Denial of | 16 | | Information Exchange with the Registry prior to his or her | 17 | | death may file a Registration Identification Form and an | 18 | | Information Exchange Authorization or a Denial of Information | 19 | | Exchange.
| 20 | | (j) The Department of Public Health shall supply to the | 21 | | adopted or
surrendered person or his or her adoptive parents, | 22 | | legal guardians, adult children or surviving spouse, and
to the | 23 | | birth parents identifying information only if both the adopted | 24 | | or
surrendered person, or one of his or her adoptive parents, | 25 | | legal guardians, adult children or his or her surviving spouse, | 26 | | and
the birth parents have filed with the Registry an |
| | | 09600HB1445ham001 | - 12 - | LRB096 05030 AJO 44023 a |
|
| 1 | | Information Exchange
Authorization or a Birth Parent | 2 | | Preference Form on which Option A, B, or C was selected and the | 3 | | information at the Registry indicates that the
consenting | 4 | | adopted or surrendered person, the child of the consenting
| 5 | | adoptive parents or legal guardians, the parent of the | 6 | | consenting adult child of the adopted or surrendered person, or | 7 | | the deceased wife or husband of the consenting surviving spouse
| 8 | | is the child of the consenting birth
parents, except | 9 | | identifying information that appears on a non-certified copy of | 10 | | an original birth certificate may be provided to an adult | 11 | | adopted or surrendered person or to the surviving adult child | 12 | | or surviving spouse of a deceased adopted or surrendered person | 13 | | pursuant to the procedures outlined in Section 18.1b(e) of this | 14 | | Act.
| 15 | | The Department of Public Health shall supply to adopted or | 16 | | surrendered
persons who are birth siblings identifying | 17 | | information only if both siblings
have filed with the Registry | 18 | | an Information Exchange Authorization and the
information at | 19 | | the Registry indicates that the consenting siblings have one
or | 20 | | both birth parents in common. Identifying information shall be | 21 | | supplied to
consenting birth siblings who were adopted or | 22 | | surrendered if any such sibling
is 21 years of age or over. | 23 | | Identifying information shall be supplied to
consenting birth | 24 | | siblings who were not adopted or surrendered if any such
| 25 | | sibling is 21 years of age or over and has proof of death of the | 26 | | common birth
parent and such birth parent did not file a Denial |
| | | 09600HB1445ham001 | - 13 - | LRB096 05030 AJO 44023 a |
|
| 1 | | of Information Exchange or a Birth Parent Preference Form on | 2 | | which Option E was selected
with the Registry prior to his or | 3 | | her death.
| 4 | | (k) The Department of Public Health shall supply to the | 5 | | adopted or surrendered person or his or her adoptive parents, | 6 | | legal guardians, adult children or surviving spouse, and to a | 7 | | birth aunt identifying information only if both the adopted or | 8 | | surrendered person or one of his or her adoptive parents, legal | 9 | | guardians, adult children or his or her surviving spouse, and | 10 | | the birth aunt have filed with the Registry an Information | 11 | | Exchange Authorization and the information at the Registry | 12 | | indicates that the consenting adopted or surrendered person, or | 13 | | the child of the consenting adoptive parents or legal | 14 | | guardians, or the parent of the consenting adult child, or the | 15 | | deceased wife or husband of the consenting surviving spouse of | 16 | | the adopted or surrendered person is or was the child of the | 17 | | brother or sister of the consenting birth aunt.
| 18 | | (l) The Department of Public Health shall supply to the | 19 | | adopted or surrendered person or his or her adoptive parents, | 20 | | legal guardians, adult children or surviving spouse, and to a | 21 | | birth uncle identifying information only if both the adopted or | 22 | | surrendered person or one of his or her adoptive parents, legal | 23 | | guardians, adult children or his or her surviving spouse, and | 24 | | the birth uncle have filed with the Registry an Information | 25 | | Exchange Authorization and the information at the Registry | 26 | | indicates that the consenting adopted or surrendered person, or |
| | | 09600HB1445ham001 | - 14 - | LRB096 05030 AJO 44023 a |
|
| 1 | | the child of the consenting adoptive parents or legal | 2 | | guardians, or the parent of the consenting adult child, or the | 3 | | deceased wife or husband of the consenting surviving spouse of | 4 | | the adopted or surrendered person is or was the child of the | 5 | | brother or sister of the consenting birth uncle.
| 6 | | (m) A registrant
may notify the Registry of his or her
| 7 | | desire not to have identifying information revealed or may | 8 | | revoke any previously
filed Information Exchange Authorization | 9 | | by completing and filing with the
Registry a Registry | 10 | | Identification Form along with a Denial of Information
| 11 | | Exchange. Any registrant, except a birth parent, may revoke his | 12 | | or her Denial of Information Exchange by filing
an Information | 13 | | Exchange Authorization. A birth parent may revoke a Denial of | 14 | | Information Exchange by filing a Birth Parent Preference Form. | 15 | | Any birth parent who has previously filed a Birth Parent | 16 | | Preference Form where Option E was selected may revoke such | 17 | | preference by filing a subsequent Birth Parent Preference Form | 18 | | and selecting Option A, B, C, or D. The Department of Public | 19 | | Health shall
act in accordance with the most recently filed | 20 | | affidavit.
| 21 | | (n) Identifying information ascertained from the Registry | 22 | | shall be
confidential and may be disclosed only (1) upon a | 23 | | Court Order, which order
shall name the person or persons | 24 | | entitled to the information, or (2) to a registrant who is the | 25 | | subject of an Information Exchange
Authorization that was | 26 | | completed by another registrant and filed with the Illinois |
| | | 09600HB1445ham001 | - 15 - | LRB096 05030 AJO 44023 a |
|
| 1 | | Adoption Registry and Medical Information Exchange, or (3) as | 2 | | authorized under subsection (h) of Section 18.3 of
this Act, or | 3 | | (4) pursuant to the procedures outlined in Section 18.1b(e) of | 4 | | this Act. Any person who willfully provides unauthorized
| 5 | | disclosure of any information filed with the Registry or who | 6 | | knowingly or
intentionally files false information with the | 7 | | Registry shall be guilty of
a Class A misdemeanor and shall be | 8 | | liable for damages.
| 9 | | (o) If information is disclosed pursuant to this Act, the | 10 | | Department shall
redact it to remove any identifying | 11 | | information about any party who has not
consented to the | 12 | | disclosure of such identifying information, or, in the case of | 13 | | identifying information on the original birth certificate, | 14 | | pursuant to Section 18.1b(e) of this Act.
| 15 | | (Source: P.A. 96-895, eff. 5-21-10.)
| 16 | | (750 ILCS 50/18.1a)
| 17 | | Sec. 18.1a. Registry matches.
| 18 | | (a) The Registry shall release identifying information, as | 19 | | specified on
the applicant's Information Exchange | 20 | | Authorization, to the following
mutually consenting registered | 21 | | parties
and provide them with any photographs or correspondence | 22 | | which have been placed in the
Adoption/Surrender Records File | 23 | | and
are specifically intended for the registered parties:
| 24 | | (i) an adult adopted or surrendered person and one of | 25 | | his or her birth
relatives who have both filed an |
| | | 09600HB1445ham001 | - 16 - | LRB096 05030 AJO 44023 a |
|
| 1 | | applicable Information
Exchange Authorization specifying | 2 | | the other consenting party with the Registry,
if
| 3 | | information available to the Registry
confirms that the | 4 | | consenting adopted or surrendered person is biologically | 5 | | related to 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 |
| | | 09600HB1445ham001 | - 17 - | LRB096 05030 AJO 44023 a |
|
| 1 | | related to the consenting birth relative.
| 2 | | (b) If a registrant is the subject of a Denial of
| 3 | | Information Exchange filed by another registered party or is an | 4 | | adopted or surrendered person, or the surviving relative of a | 5 | | deceased adopted or surrendered person, and a birth parent of | 6 | | the adopted or surrendered person completed a Birth Parent | 7 | | Preference Form and selected Option E , the Registry shall
not | 8 | | release identifying information to either registrant or, if | 9 | | applicable, to an adopted person who has requested a copy of | 10 | | his or her original birth certificate, with the exception of | 11 | | non-certified copies of the original birth certificate | 12 | | released under Section 18.1b(e), and as to a birth parent who | 13 | | has prohibited release of identifying information on the | 14 | | original birth certificate to the adult adopted or surrendered | 15 | | person, upon the death of said birth parent.
| 16 | | (c) If a registrant has completed a Medical Information | 17 | | Exchange
Questionnaire and has consented to its disclosure, | 18 | | that Questionnaire shall be
released to any registered party | 19 | | who has indicated their desire to receive such
information on | 20 | | his or her Illinois Adoption Registry Application, if
| 21 | | information available to the Registry
confirms that the | 22 | | consenting parties are biologically related, that the | 23 | | consenting
birth relative and the child of the consenting | 24 | | adoptive parents or legal
guardians are birth relatives, or | 25 | | that the consenting birth relative and the deceased wife or | 26 | | husband of the consenting surviving spouse are birth relatives.
|
| | | 09600HB1445ham001 | - 18 - | LRB096 05030 AJO 44023 a |
|
| 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. | 4 | | The Illinois
Adoption Registry Application shall substantially | 5 | | include the following:
| 6 | | (a) General Information. The Illinois Adoption Registry
| 7 | | Application shall include the space to provide Information | 8 | | about the registrant
including his or her
surname, given name | 9 | | or names, social security number (optional), mailing
address, | 10 | | home telephone number, gender, date and place of birth, and the | 11 | | date
of registration. If applicable and known
to the | 12 | | registrant, he or she may include the maiden surname of the
| 13 | | birth mother, any subsequent surnames of the birth mother, the | 14 | | surname of the
birth father, the given name or names of the | 15 | | birth parents, the dates and
places of birth of the birth | 16 | | parents, the surname and given name or names of
the adopted | 17 | | person prior to adoption, the gender and date and place of | 18 | | birth of
the adopted or surrendered person, the name of the | 19 | | adopted person following
his or her adoption and the state and | 20 | | county where the judgment of adoption was
finalized.
| 21 | | (b) Medical Information Exchange Questionnaire. In | 22 | | recognition of
the importance of medical information and of | 23 | | recent discoveries regarding the
genetic origin of many medical | 24 | | conditions and diseases all registrants shall be
asked to | 25 | | voluntarily complete a Medical
Information Exchange |
| | | 09600HB1445ham001 | - 19 - | LRB096 05030 AJO 44023 a |
|
| 1 | | Questionnaire. The Medical Information Exchange Questionnaire | 2 | | shall include a comprehensive check-list of medical conditions | 3 | | and 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 |
| | | 09600HB1445ham001 | - 20 - | LRB096 05030 AJO 44023 a |
|
| 1 | | information exchanged through the Registry.
| 2 | | (c) Written statement. All registrants shall be given the
| 3 | | opportunity to voluntarily file a written statement with the | 4 | | Registry. This
statement
shall be submitted in the space | 5 | | provided.
No written statement submitted to the Registry
shall | 6 | | include identifying information pertaining to any person other | 7 | | than the
registrant who submitted it.
Any such identifying | 8 | | information shall be redacted by the Department or
returned for | 9 | | removal of identifying information.
| 10 | | (d) Exchange of information. All registrants except birth | 11 | | parents may indicate their
wishes regarding contact and the | 12 | | exchange of identifying and/or medical information with any | 13 | | other registrant by completing an
Information Exchange | 14 | | Authorization or a Denial of Information Exchange. Birth | 15 | | parents may indicate their wishes regarding contact by filing a | 16 | | Birth Parent Preference Form pursuant to the procedures | 17 | | outlined 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 |
| | | 09600HB1445ham001 | - 21 - | LRB096 05030 AJO 44023 a |
|
| 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 |
| | | 09600HB1445ham001 | - 22 - | LRB096 05030 AJO 44023 a |
|
| 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.
|
| | | 09600HB1445ham001 | - 23 - | LRB096 05030 AJO 44023 a |
|
| 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 |
| | | 09600HB1445ham001 | - 24 - | LRB096 05030 AJO 44023 a |
|
| 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 |
| | | 09600HB1445ham001 | - 25 - | LRB096 05030 AJO 44023 a |
|
| 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 | 22 | | original birth certificate by an adult adopted or surrendered | 23 | | person or by a surviving adult child or surviving spouse of a | 24 | | deceased 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 |
| | | 09600HB1445ham001 | - 26 - | LRB096 05030 AJO 44023 a |
|
| 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 |
| | | 09600HB1445ham001 | - 27 - | LRB096 05030 AJO 44023 a |
|
| 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 |
| | | 09600HB1445ham001 | - 28 - | LRB096 05030 AJO 44023 a |
|
| 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 |
| | | 09600HB1445ham001 | - 29 - | LRB096 05030 AJO 44023 a |
|
| 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 |
| | | 09600HB1445ham001 | - 30 - | LRB096 05030 AJO 44023 a |
|
| 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 |
| | | 09600HB1445ham001 | - 31 - | LRB096 05030 AJO 44023 a |
|
| 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 |
| | | 09600HB1445ham001 | - 32 - | LRB096 05030 AJO 44023 a |
|
| 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 |
| | | 09600HB1445ham001 | - 33 - | LRB096 05030 AJO 44023 a |
|
| 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 | | (11) In cases where the Illinois Department of Public | 19 | | Health is unable to locate the original birth certificate | 20 | | of an adult adopted person who was born prior to January 1, | 21 | | 1946, and is therefore unable to provide the adopted person | 22 | | or his or her surviving spouse or adult child with a | 23 | | non-certified copy of the adopted person's original birth | 24 | | certificate pursuant to the procedures outlined in this | 25 | | Section, any licensed Illinois child welfare agency which | 26 | | possesses identifying information pertaining to the birth |
| | | 09600HB1445ham001 | - 34 - | LRB096 05030 AJO 44023 a |
|
| 1 | | parent or parents of the adult adopted person shall release | 2 | | the first and last names of the birth parent or parents of | 3 | | the adult adopted person to him or her or to his or her | 4 | | surviving spouse or adult child upon written request | 5 | | provided that: | 6 | | (A) the written request for identifying | 7 | | information is accompanied by a letter from the | 8 | | Illinois Department of Public Health attesting to the | 9 | | fact that the adult adopted person's original birth | 10 | | certificate could not be located after a search; and | 11 | | (B) the Illinois amended birth certificate for the | 12 | | adult adopted person either indicates that he or she | 13 | | was born in Illinois or provides no indication as to | 14 | | the adopted person's state of birth. | 15 | | (f) A registrant may complete all or any part of the | 16 | | Illinois Adoption
Registry Application. All Illinois Adoption | 17 | | Registry Applications, Information
Exchange
Authorizations, | 18 | | Denials of Information Exchange, requests to revoke an
| 19 | | Information
Exchange Authorization or Denial of Information | 20 | | Exchange, Birth Parent Preference Forms, and affidavits
| 21 | | submitted
to the Registry shall be
accompanied by proof of | 22 | | identification.
| 23 | | (Source: P.A. 96-895, eff. 5-21-10; revised 9-2-10.)
| 24 | | (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
| 25 | | Sec. 18.2. Forms.
|
| | | 09600HB1445ham001 | - 35 - | LRB096 05030 AJO 44023 a |
|
| 1 | | (a) The Department shall develop the Illinois Adoption | 2 | | Registry forms as provided in this Section. The General | 3 | | Assembly shall reexamine the content of the form as requested | 4 | | by the Department, in consultation with the Registry Advisory | 5 | | Council. The form of the Birth Parent Registration
| 6 | | Identification Form shall be substantially as follows:
| 7 | | BIRTH PARENT REGISTRATION IDENTIFICATION
| 8 | | (Insert all known information)
| 9 | | I, ....., state that I am the ...... (mother or father) of the
| 10 | | following child:
| 11 | | Child's original name: ..... (first) ..... (middle) ..... | 12 | | (last),
..... (hour of birth), ..... (date of birth), | 13 | | ..... (city and state of
birth), ..... (name of | 14 | | hospital).
| 15 | | Father's full name: ...... (first) ...... (middle) ..... | 16 | | (last),
..... (date of birth), ..... (city and state of | 17 | | birth).
| 18 | | Name of mother inserted on birth certificate: ..... (first) | 19 | | .....
(middle) ..... (last), ..... (race), ..... (date | 20 | | of birth), ......
(city and state of birth).
| 21 | | That I surrendered my child to: ............. (name of agency), | 22 | | .....
(city and state of agency), ..... (approximate date | 23 | | child surrendered).
| 24 | | That I placed my child by private adoption: ..... (date),
| 25 | | ...... (city
and state).
| 26 | | Name of adoptive parents, if known: ......
|
| | | 09600HB1445ham001 | - 36 - | LRB096 05030 AJO 44023 a |
|
| 1 | | Other identifying information: .....
| 2 | | ........................
| 3 | | (Signature of parent)
| 4 | | ............ ........................
| 5 | | (date) (printed name of parent)
| 6 | | (b) The form of the Adopted Person
Registration | 7 | | Identification shall be substantially
as follows:
| 8 | | ADOPTED PERSON
| 9 | | REGISTRATION IDENTIFICATION
| 10 | | (Insert all known information)
| 11 | | I, ....., state the following:
| 12 | | Adopted Person's present name: ..... (first) ..... | 13 | | (middle)
..... (last).
| 14 | | Adopted Person's name at birth (if known): ..... (first)
| 15 | | ..... (middle) .....
(last), ..... (birth date), ..... | 16 | | (city and state of birth), ......
(sex), ..... (race).
| 17 | | Name of adoptive father: ..... (first) ..... (middle) ..... | 18 | | (last), .....
(race).
| 19 | | Maiden name of adoptive mother: ..... (first) ..... | 20 | | (middle) .....
(last), ..... (race).
| 21 | | Name of birth mother (if known): ..... (first) .....
| 22 | | (middle)
..... (last), ..... (race).
| 23 | | Name of birth father (if known): ..... (first) .....
| 24 | | (middle)
..... (last), ..... (race).
| 25 | | Name(s) at birth of sibling(s) having a common birth
parent |
| | | 09600HB1445ham001 | - 37 - | LRB096 05030 AJO 44023 a |
|
| 1 | | with adoptee
(if known): ..... (first) ..... (middle) | 2 | | ..... (last), ..... (race), and name
of common birth | 3 | | parent: ..... (first) ..... (middle) .....
(last),
| 4 | | ..... (race).
| 5 | | I was adopted through: ..... (name of agency).
| 6 | | I was adopted privately: ..... (state "yes" if known).
| 7 | | I was adopted in ..... (city and state), ..... (approximate | 8 | | date).
| 9 | | Other identifying information: .............
| 10 | | ......................
| 11 | | (signature of adoptee)
| 12 | | ........... .........................
| 13 | | (date) (printed name of adoptee)
| 14 | | (c) The form of the Surrendered Person Registration | 15 | | Identification shall be
substantially as follows:
| 16 | | SURRENDERED PERSON REGISTRATION
| 17 | | IDENTIFICATION
| 18 | | (Insert all known information)
| 19 | | I, ....., state the following:
| 20 | | Surrendered Person's present name: ..... (first) .....
| 21 | | (middle) ..... (last).
| 22 | | Surrendered Person's name at birth (if known): ..... | 23 | | (first)
.....
(middle) ..... (last), .....(birth | 24 | | date), ..... (city and state of
birth), ...... (sex), | 25 | | ..... (race).
|
| | | 09600HB1445ham001 | - 38 - | LRB096 05030 AJO 44023 a |
|
| 1 | | Name of guardian father: ..... (first) ..... (middle) ..... | 2 | | (last), .....
(race).
| 3 | | Maiden name of guardian mother: ..... (first) ..... | 4 | | (middle) .....
(last), ..... (race).
| 5 | | Name of birth mother (if known): ..... (first) .....
| 6 | | (middle) .....
(last) ..... (race).
| 7 | | Name of birth father (if known): ..... (first) .....
| 8 | | (middle) .....
(last), .....(race).
| 9 | | Name(s) at birth of sibling(s) having a common birth
parent | 10 | | with surrendered person
(if known): ..... (first) | 11 | | ..... (middle) ..... (last), ..... (race), and name
of | 12 | | common birth parent: ..... (first) ..... (middle) | 13 | | .....
(last),
..... (race).
| 14 | | I was surrendered for adoption to: ..... (name of agency).
| 15 | | I was surrendered for adoption in ..... (city and state), ..... | 16 | | (approximate
date).
| 17 | | Other identifying information: ............
| 18 | | ................................
| 19 | | (signature of surrendered person)
| 20 | | ............ ......................
| 21 | | (date) (printed name of person
| 22 | | surrendered for adoption)
| 23 | | (c-3) The form of the Registration Identification Form for | 24 | | Surviving Relatives of Deceased Birth Parents shall be | 25 | | substantially as follows:
|
| | | 09600HB1445ham001 | - 39 - | LRB096 05030 AJO 44023 a |
|
| 1 | | REGISTRATION IDENTIFICATION FORM
| 2 | | FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
| 3 | | (Insert all known information)
| 4 | | I, ....., state the following:
| 5 | | Name of deceased birth parent at time of surrender:
| 6 | | Deceased birth parent's date of birth:
| 7 | | Deceased birth parent's date of death:
| 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 | | My relationship to the adopted or surrendered person (check | 13 | | one): (birth parent's non-surrendered child) (birth parent's | 14 | | sister) (birth parent's brother).
| 15 | | If you are a non-surrendered child of the birth parent, provide | 16 | | name(s) at birth and age(s) of non-surrendered siblings having | 17 | | a common parent with the birth parent. If more than one | 18 | | sibling, please give information requested below on reverse | 19 | | side of this form. If you are a sibling or parent of the birth | 20 | | parent, provide name(s) at birth and age(s) of the sibling(s) | 21 | | of the birth parent. If more than one sibling, please give | 22 | | information requested below on reverse side of this form.
| 23 | | Name (First) ..... (middle) ..... (last), .....(birth | 24 | | date), ..... (city and state of birth), ...... (sex), | 25 | | ..... (race).
|
| | | 09600HB1445ham001 | - 40 - | LRB096 05030 AJO 44023 a |
|
| 1 | | Name(s) of common parent(s) (first) ..... (middle) ..... | 2 | | (last), .....(race), (first) ..... (middle) ..... | 3 | | (last), .....(race).
| 4 | | My birth sibling/child of my brother/child of my sister/ was | 5 | | surrendered for adoption to ..... (name of agency) City and | 6 | | state of agency ..... Date .....(approximate) Other | 7 | | identifying information ..... (Please note that you must: (i) | 8 | | be at least 21 years of age to register; (ii) submit with your | 9 | | registration a certified copy of the birth parent's birth | 10 | | certificate; (iii) submit a certified copy of the birth | 11 | | parent's death certificate; and (iv) if you are a | 12 | | non-surrendered birth sibling or a sibling of the deceased | 13 | | birth parent, also submit a certified copy of your birth | 14 | | certificate with this registration. No application from a | 15 | | surviving relative of a deceased birth parent can be accepted | 16 | | if the birth parent filed a Denial of Information Exchange | 17 | | prior to his or her death.)
| 18 | | ................................
| 19 | | (signature of birth parent's surviving relative)
| 20 | | ............ ............ | 21 | | (date) (printed name of birth | 22 | | parent's surviving relative) | 23 | | (c-5) The form of the Registration Identification Form for | 24 | | Surviving Relatives of Deceased Adopted or Surrendered Persons |
| | | 09600HB1445ham001 | - 41 - | LRB096 05030 AJO 44023 a |
|
| 1 | | shall be substantially as follows:
| 2 | | REGISTRATION IDENTIFICATION FORM FOR
| 3 | | SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
| 4 | | (Insert all known information)
| 5 | | I, ....., state the following:
| 6 | | Adopted or surrendered person's name at birth (if known): | 7 | | (first) ..... (middle) ..... (last), .....(birth | 8 | | date), ..... (city and state of birth), ...... (sex), | 9 | | ..... (race). | 10 | | Adopted or surrendered person's date of death:
| 11 | | My relationship to the deceased adopted or surrendered | 12 | | person(check one): (adoptive mother) (adoptive father) (adult | 13 | | child) (surviving spouse).
| 14 | | If you are an adult child or surviving spouse of the adopted or | 15 | | surrendered person, provide name(s) at birth and age(s) of the | 16 | | children of the adopted or surrendered person. If the adopted | 17 | | or surrendered person had more than one child, please give | 18 | | information requested below on reverse side of this form. | 19 | | Name (first) ..... (middle) ..... (last), .....(birth | 20 | | date), ..... (city and state of birth), ...... (sex), | 21 | | ..... (race). | 22 | | Name(s) of common parent(s) (first) ..... (middle) ..... | 23 | | (last), .....(race), (first) ..... (middle) ..... | 24 | | (last), .....(race).
| 25 | | My child/parent/deceased spouse was surrendered for | 26 | | adoption to .....(name of agency) City and state of agency |
| | | 09600HB1445ham001 | - 42 - | LRB096 05030 AJO 44023 a |
|
| 1 | | ..... Date ..... (approximate) Other identifying | 2 | | information ..... (Please note that you must: (i) be at | 3 | | least 21 years of age to register; (ii) submit with your | 4 | | registration a certified copy of the adopted or surrendered | 5 | | person's death certificate; (iii) if you are the child of a | 6 | | deceased adopted or surrendered person, also submit a | 7 | | certified copy of your birth certificate with this | 8 | | registration; and (iv) if you are the surviving wife or | 9 | | husband of a deceased adopted or surrendered person, also | 10 | | submit a copy of your marriage certificate with this | 11 | | registration. No application from a surviving relative of a | 12 | | deceased adopted or surrendered person can be accepted if | 13 | | the adopted or surrendered person filed a Denial of | 14 | | Information Exchange prior to his or her death.)
| 15 | | ................................
| 16 | | (signature of adopted or surrendered person's surviving
| 17 | | relative)
| 18 | | ............ ............ | 19 | | (date) (printed name of adopted
| 20 | | person's surviving relative)
| 21 | | (d) The form of the Information Exchange Authorization | 22 | | shall be
substantially
as follows:
| 23 | | INFORMATION EXCHANGE AUTHORIZATION
|
| | | 09600HB1445ham001 | - 43 - | LRB096 05030 AJO 44023 a |
|
| 1 | | I, ....., state that I am the person who completed the | 2 | | Registration
Identification; that I am of the age of ..... | 3 | | years; that I hereby
authorize the Department of Public Health | 4 | | to give to the following person(s)
(birth mother
)
(birth | 5 | | father) (birth sibling) (adopted or surrendered person
) | 6 | | (adoptive mother) (adoptive father) (legal guardian of an | 7 | | adopted or surrendered person) (birth aunt) (birth uncle) | 8 | | (adult child of a deceased adopted or surrendered person) | 9 | | (surviving spouse of a deceased adopted or surrendered person) | 10 | | (all eligible relatives) the following
(please check the
| 11 | | information
authorized for exchange):
| 12 | | [ ] 1. Only my name and last known address.
| 13 | | [ ] 2. A copy of my Illinois Adoption Registry | 14 | | Application.
| 15 | | [ ] 3. A non-certified copy of the adopted or | 16 | | surrendered person's original certificate of live birth | 17 | | (check only if you are an adopted or surrendered person or | 18 | | the surviving adult child or surviving spouse of a deceased | 19 | | adopted or surrendered person).
| 20 | | [ ] 4. A copy of my completed medical questionnaire.
| 21 | | I am fully aware that I can only be supplied with
| 22 | | information about an individual or individuals who have
duly
| 23 | | executed an Information Exchange Authorization that
has
not | 24 | | been revoked or, if I am an adopted or surrendered person who | 25 | | was born on or after January 1, 1946 , from a birth parent who | 26 | | completed a Birth Parent Preference Form and did not prohibit |
| | | 09600HB1445ham001 | - 44 - | LRB096 05030 AJO 44023 a |
|
| 1 | | the release of his or her identity to me; that I can be | 2 | | contacted by writing to: ..... (own name or
name of person to | 3 | | contact) (address) (phone number).
| 4 | | NOTE: New IARMIE registrants who do not complete a Medical | 5 | | Information Exchange Questionnaire and release a copy of their | 6 | | questionnaire to at least one Registry applicant must pay a $15 | 7 | | registration fee. | 8 | | Dated (insert date).
| 9 | | .............. | 10 | | (signature)
| 11 | | (e) The form of the Denial of Information Exchange shall be
| 12 | | substantially as follows:
| 13 | | DENIAL OF INFORMATION EXCHANGE
| 14 | | I, ....., state that I am the person who completed the | 15 | | Registration
Identification; that I am of the age of ..... | 16 | | years; that I hereby
instruct the Department of Public Health | 17 | | not to give any identifying
information about me to the | 18 | | following person(s)
(birth mother) (birth father) (birth | 19 | | sibling)(adopted or surrendered person)(adoptive mother) | 20 | | (adoptive father)(legal guardian of an adopted or surrendered | 21 | | person)(birth aunt)(birth uncle)(adult child of a deceased | 22 | | adopted or surrendered person) (surviving spouse of a deceased | 23 | | adopted or surrendered person) (all eligible relatives). | 24 | | IMPORTANT NOTE: A DENIAL FILED BY A BIRTH PARENT ON OR AFTER | 25 | | JANUARY 1, 2011, SHALL NOT PROHIBIT THE RELEASE OF THE BIRTH |
| | | 09600HB1445ham001 | - 45 - | LRB096 05030 AJO 44023 a |
|
| 1 | | PARENT'S IDENTIFYING INFORMATION ON THE ORIGINAL BIRTH | 2 | | CERTIFICATE OF AN ADULT ADOPTED OR SURRENDERED PERSON. BIRTH | 3 | | PARENTS WHO WISH TO PROHIBIT THE RELEASE OF THEIR IDENTIFYING | 4 | | INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE OF AN ADULT | 5 | | ADOPTED OR SURRENDERED PERSON SHALL FILE A BIRTH PARENT | 6 | | PREFERENCE FORM ON OR AFTER JANUARY 1, 2011. DENIALS FILED BY A | 7 | | BIRTH PARENT BEFORE JANUARY 1, 2011, WILL EXPIRE UPON THE DEATH | 8 | | OF THE BIRTH PARENT WITH RESPECT TO ACCESS TO IDENTIFYING | 9 | | INFORMATION ON THE ORIGINAL BIRTH CERTIFICATE RELEASED TO AN | 10 | | ADULT ADOPTED OR SURRENDERED PERSON OR TO A SURVIVING ADULT | 11 | | CHILD OR SURVIVING SPOUSE OF A DECEASED ADOPTED OR SURRENDERED | 12 | | PERSON.
| 13 | | I do/do not (circle appropriate response) authorize the | 14 | | Registry to release a copy of my completed Medical Information | 15 | | Exchange Questionnaire to qualified Registry applicants.
NOTE: | 16 | | New IARMIE registrants who do not complete a Medical | 17 | | Information Exchange Questionnaire and release a copy of their | 18 | | questionnaire to at least one Registry applicant must pay a $15 | 19 | | registration fee.
Birth parents filing a Denial of Information | 20 | | Exchange are advised that, under Illinois law, an adult adopted | 21 | | person may initiate a search for a birth parent who has filed a | 22 | | Denial of Information Exchange through the State confidential | 23 | | intermediary program once 5 years have elapsed since the filing | 24 | | of the Denial of Information Exchange.
| 25 | | Dated (insert date).
| 26 | | ............... |
| | | 09600HB1445ham001 | - 46 - | LRB096 05030 AJO 44023 a |
|
| 1 | | (signature)
| 2 | | (f) The form of the Birth Parent Preference Form shall be | 3 | | substantially as follows: | 4 | | In recognition of the basic right of all persons to access | 5 | | their birth records, Illinois law now provides for the release | 6 | | of original birth certificates to adopted and surrendered | 7 | | persons 21 years of age or older upon request. While many birth | 8 | | parents are comfortable sharing their identities or initiating | 9 | | contact with their birth sons and daughters once they have | 10 | | reached adulthood, Illinois law also recognizes that there may | 11 | | be unique situations where a birth parent might have a | 12 | | compelling reason for not wishing to establish contact with a | 13 | | birth son or daughter or for not wishing to release identifying | 14 | | information that appears on the original birth certificate of a | 15 | | birth son or daughter who has reached adulthood. The Illinois | 16 | | Adoption Registry and Medical Information Exchange (IARMIE) | 17 | | has therefore established this form to allow birth parents | 18 | | whose birth son or daughter was born on or after January 1, | 19 | | 1946, to express their preferences wishes regarding contact ; | 20 | | and , if their child was born on or after January 1, 1946, to | 21 | | prohibit the release the sharing of identifying information | 22 | | listed on the original birth certificate during his or her | 23 | | lifetime to with an adult adopted or surrendered person who has | 24 | | reached the age of 21 or his or her surviving relatives . | 25 | | In selecting one of the 5 options below, birth parents |
| | | 09600HB1445ham001 | - 47 - | LRB096 05030 AJO 44023 a |
|
| 1 | | should keep in mind that the decision to deny an adult adopted | 2 | | or surrendered person access to identifying information on his | 3 | | or her original birth record and/or information about | 4 | | genetically-transmitted diseases is an important one that can | 5 | | impact the adopted or surrendered person's life in many ways. A | 6 | | request for anonymity on this form only pertains to information | 7 | | that is provided to an adult adopted or surrendered person or | 8 | | his or her surviving relatives through the Registry and does | 9 | | not prevent the disclosure of identifying information that may | 10 | | be available to the adoptee through his or her adoptive parents | 11 | | and/or other means available to him or her. Birth parents who | 12 | | would prefer not to be contacted by their surrendered son or | 13 | | daughter are strongly urged to complete both the | 14 | | Non-Identifying Information Section included on the final page | 15 | | of this document and the Medical Questionnaire in order to | 16 | | provide their surrendered son or daughter with the background | 17 | | information their surrendered son or daughter may need to | 18 | | better understand himself or herself and his or her origins. | 19 | | Furthermore, birth parents whose surrendered son or daughter is | 20 | | under 21 years of age at the time of completion of this form | 21 | | are reminded that, since Since no original birth certificates | 22 | | are released by the IARMIE before an adoptee has reached the | 23 | | age of 21, birth parents whose surrendered son or daughter is | 24 | | under 21 years of age and birth parents are encouraged to take | 25 | | as much time as they need to weigh the options available to | 26 | | them before completing this form. Should you need additional |
| | | 09600HB1445ham001 | - 48 - | LRB096 05030 AJO 44023 a |
|
| 1 | | assistance in completing this form, please contact the agency | 2 | | that handled the adoption, if applicable, or the Illinois | 3 | | Adoption Registry and Medical Information Exchange at | 4 | | 217-557-5159. | 5 | | After careful consideration, I, (insert your name) ......, | 6 | | have made the following decision regarding contact with my | 7 | | birth son/birth daughter, (insert birth son's/birth daughter's | 8 | | name at birth, if applicable) ......, who was born in (insert | 9 | | city/town of birth) ...... on (insert date of birth)...... and | 10 | | the release of my identifying information as it appears on | 11 | | his/her original birth certificate when he/she reaches the age | 12 | | of 21, and I have chosen Option ...... (insert A, B, C, D, or E, | 13 | | as applicable). I realize that this form must be accompanied by | 14 | | a completed IARMIE application form as well as a Medical | 15 | | Information Exchange Questionnaire or the $15 registration | 16 | | fee. I am also aware that I may revoke this decision at any | 17 | | time by completing a new Birth Parent Preference Form and | 18 | | filing it with the IARMIE. I understand that it is my | 19 | | responsibility to update the IARMIE with any changes to contact | 20 | | information provided below. I also understand that, while | 21 | | preferences regarding the release of identifying information | 22 | | through the Registry are binding unless the law should change | 23 | | in the future, any selection I have made regarding my preferred | 24 | | method of contact is not. | 25 | | .................................... | 26 | | (Signature/Date) |
| | | 09600HB1445ham001 | - 49 - | LRB096 05030 AJO 44023 a |
|
| 1 | | (Please insert your signature and today's date above, as well | 2 | | as under your chosen option, A, B, C, D, or E below.) | 3 | | Option A. My birth son or birth daughter was born on or after | 4 | | January 1, 1946, and I agree to the release of my identifying | 5 | | information as it appears on my birth son's/birth daughter's | 6 | | original birth certificate, OR my birth son or birth daughter | 7 | | was born prior to January 1, 1946. I would welcome direct | 8 | | contact with my birth son/birth daughter when he or she has | 9 | | reached the age of 21 and I wish to be contacted at the | 10 | | following mailing address, email address or phone number: | 11 | | ... | 12 | | ............................................................. | 13 | | ............................................................. | 14 | | ............................................................. | 15 | | (Signature/Date) | 16 | | Option B. My birth son or birth daughter was born on or after | 17 | | January 1, 1946, and I agree to the release of my identifying | 18 | | information as it appears on my birth son's/birth daughter's | 19 | | original birth certificate, OR my birth son or birth daughter | 20 | | was born prior to January 1, 1946. I would welcome contact with | 21 | | my birth son/birth daughter when he or she has reached the age | 22 | | of 21, but I would prefer to be contacted through the following | 23 | | person. (Insert name and mailing address, email address or |
| | | 09600HB1445ham001 | - 50 - | LRB096 05030 AJO 44023 a |
|
| 1 | | phone number of chosen contact person.) | 2 | | ..................... | 3 | | ............................................................. | 4 | | (Signature/Date) | 5 | | Option C. My birth son or birth daughter was born on or after | 6 | | January 1, 1946, and I agree to the release of my identifying | 7 | | information name as it appears on my birth son's/birth | 8 | | daughter's original birth certificate, OR my birth son or birth | 9 | | daughter was born prior to January 1, 1946. I would welcome | 10 | | contact with my birth son/birth daughter when he or she has | 11 | | reached the age of 21, but I would prefer to be contacted | 12 | | through the Illinois confidential intermediary program (please | 13 | | call 800-526-9022 for additional information) or through the | 14 | | agency that handled the adoption. (Insert agency name, address | 15 | | and phone number, if applicable.) | 16 | | ........................... | 17 | | ............................................................. | 18 | | (Signature/Date) | 19 | | Option D. My birth son or birth daughter was born on or after | 20 | | January 1, 1946, and I agree to the release of my identifying | 21 | | information name as it appears on my birth son's/birth | 22 | | daughter's original birth certificate, OR my birth son or birth | 23 | | daughter was born prior to January 1, 1946. but I would prefer | 24 | | not to be contacted by my birth son/birth daughter when he or |
| | | 09600HB1445ham001 | - 51 - | LRB096 05030 AJO 44023 a |
|
| 1 | | she has reached the age of 21. | 2 | | .............................. | 3 | | (Signature/Date) | 4 | | Option E. My birth son or birth daughter was born on or after | 5 | | January 1, 1946, and I wish to prohibit the release of my | 6 | | (circle ALL applicable options) first name, last name, last | 7 | | known address, birth son/birth daughter's last name (if last | 8 | | name listed is same as mine), as they appear on my birth | 9 | | son's/birth daughter's original birth certificate and do not | 10 | | wish to be contacted by my birth son/birth daughter when he or | 11 | | she has reached the age of 21. If there were any special | 12 | | circumstances that played a role in your decision to remain | 13 | | anonymous which you would like to share with your birth | 14 | | son/birth daughter, please list them in the space provided | 15 | | below (optional). | 16 | | ........................................... | 17 | | ............................................................. | 18 | | I understand that, although I have chosen to prohibit the | 19 | | release of my identity on the non-certified copy of the | 20 | | original birth certificate released to my birth son/birth | 21 | | daughter, he or she may request that a court-appointed | 22 | | confidential intermediary contact me to request updated | 23 | | medical information and/or confirm my desire to remain | 24 | | anonymous once 5 years have elapsed since the signing of this | 25 | | form; at the time of this subsequent search, I wish to be |
| | | 09600HB1445ham001 | - 52 - | LRB096 05030 AJO 44023 a |
|
| 1 | | contacted through the person named below. (Insert in blank area | 2 | | below the name and phone number of the contact person, or leave | 3 | | it blank if you wish to be contacted directly.) I also | 4 | | understand that this request for anonymity shall expire upon my | 5 | | death. | 6 | | ...................................................... | 7 | | ............................................................. | 8 | | (Signature/Date) | 9 | | NOTE: A copy of this form will be forwarded to your birth son | 10 | | or birth daughter should he or she file a request for his or | 11 | | her original birth certificate with the IARMIE. However, if you | 12 | | have selected Option E, identifying information, per your | 13 | | specifications above, will be deleted from the copy of this | 14 | | form forwarded to your birth son or daughter during your | 15 | | lifetime. In the event that an adopted or surrendered person is | 16 | | deceased, his or her surviving adult children may request a | 17 | | copy of the adopted or surrendered person's original birth | 18 | | certificate providing they have registered with the IARMIE; the | 19 | | copy of this form and the non-certified copy of the original | 20 | | birth certificate forwarded to the surviving child of the | 21 | | adopted or surrendered person shall be redacted per your | 22 | | specifications on this form during your lifetime. | 23 | | Non-Identifying Information Section
| 24 | | I wish to voluntarily provide the following non-identifying | 25 | | information to my birth son or birth daughter surrendered son |
| | | 09600HB1445ham001 | - 53 - | LRB096 05030 AJO 44023 a |
|
| 1 | | or daughter :
| 2 | | My age at the time of my child's birth was .........
| 3 | | My race is best described as: .......................... | 4 | | My height is: ......... | 5 | | My body type is best described as (circle one): slim, average, | 6 | | muscular, a few extra pounds, or more than a few extra pounds.
| 7 | | My natural hair color is/was: .................. | 8 | | My eye color is: .................. | 9 | | My religion is best described as: ..................
| 10 | | My ethnic background is best described as: ..................
| 11 | | My educational level is closest to (circle applicable | 12 | | response): completed elementary school, graduated from | 13 | | high school, attended college, earned bachelor's degree, | 14 | | earned master's degree, earned doctoral degree.
| 15 | | My occupation is best described as .................. | 16 | | My hobbies include .................. | 17 | | My interests include .................. | 18 | | My talents include .................. | 19 | | In addition to my surrendered son or daughter, I also | 20 | | am the biological parent of (insert number) ....... boys and | 21 | | (insert number) ....... girls, of whom (insert number) ....... | 22 | | are still living.
| 23 | | The relationship between me and my child's birth mother/birth | 24 | | father would best be described as (circle appropriate | 25 | | response): husband and wife, ex-spouses, boyfriend and | 26 | | girlfriend, casual acquaintances, other (please specify) |
| | | 09600HB1445ham001 | - 54 - | LRB096 05030 AJO 44023 a |
|
| 1 | | .............. | 2 | | (g) The form of the Request for a Non-Certified Copy of an | 3 | | Original Birth Certificate shall be substantially as follows: | 4 | | REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH | 5 | | CERTIFICATE | 6 | | I, (requesting party's full name) ....., hereby request a | 7 | | non-certified copy of (check appropriate option) ..... my | 8 | | original birth certificate ..... the original birth | 9 | | certificate of my deceased adopted or surrendered parent ..... | 10 | | the original birth certificate of my deceased adopted or | 11 | | surrendered spouse (insert deceased parent's/deceased spouse's | 12 | | name at adoption) ...... I/my deceased parent/my deceased | 13 | | spouse was born in (insert city and county of adopted or | 14 | | surrendered person's birth) ..... on ..... (insert adopted or | 15 | | surrendered person's date of birth). In the event that one or | 16 | | both of my/my deceased parent's/my deceased spouse's birth | 17 | | parents has requested that their identity not be released to | 18 | | me/to my deceased parent/to my deceased spouse, I wish to | 19 | | (check appropriate option) ..... a. receive a non-certified | 20 | | copy of the original birth certificate from which identifying | 21 | | information pertaining to the birth parent who requested | 22 | | anonymity has been deleted; or ..... b. I do not wish to | 23 | | received an altered copy of the original birth certificate. | 24 | | Dated (insert date). | 25 | | ................... | 26 | | (signature)
|
| | | 09600HB1445ham001 | - 55 - | LRB096 05030 AJO 44023 a |
|
| 1 | | (h) Any Information Exchange Authorization, Denial of | 2 | | Information
Exchange, or Birth Parent Preference Form filed | 3 | | with the Registry, or Request for a Non-Certified Copy of an | 4 | | Original Birth Certificate filed with the Registry by a | 5 | | surviving adult child or surviving spouse of a deceased adopted | 6 | | or surrendered person, shall be acknowledged by the person who | 7 | | filed it before a notary
public, in form
substantially as | 8 | | follows:
| 9 | | State of ..............
| 10 | | County of .............
| 11 | | I, a Notary Public, in and for the said County, in the | 12 | | State aforesaid,
do hereby certify that ............... | 13 | | personally known to me to be the
same person whose name is | 14 | | subscribed to the foregoing certificate of
acknowledgement, | 15 | | appeared before me in person and acknowledged that (he or
she) | 16 | | signed such certificate as (his or her) free and voluntary act | 17 | | and
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
| 22 | | Authorization, Denial of Information Exchange, or Birth Parent | 23 | | Preference Form or Request for a Non-Certified Copy of an | 24 | | Original Birth Certificate completed by a surviving adult child |
| | | 09600HB1445ham001 | - 56 - | LRB096 05030 AJO 44023 a |
|
| 1 | | or surviving spouse of a deceased adopted or surrendered person | 2 | | is acknowledged before a
representative of an agency, such | 3 | | representative shall have his signature
on said Certificate | 4 | | acknowledged before a notary public, in form substantially
as | 5 | | follows:
| 6 | | State of..........
| 7 | | County of.........
| 8 | | I, a Notary Public, in and for the said County, in the | 9 | | State aforesaid,
do hereby certify that ..... personally known | 10 | | to me to be the same person
whose name is subscribed to the | 11 | | foregoing certificate of acknowledgement,
appeared before me | 12 | | in person and acknowledged that (he or she) signed such
| 13 | | certificate as (his or her) free and voluntary act and that the | 14 | | statements
in such certificate are true.
| 15 | | Given under my hand and notarial seal on (insert date).
| 16 | | .......................
| 17 | | (signature)
| 18 | | (j) When an Illinois Adoption Registry Application,
| 19 | | Information
Exchange Authorization, Denial of
Information | 20 | | Exchange, Birth Parent Preference Form, or Request for a | 21 | | Non-Certified Copy of an Original Birth Certificate completed | 22 | | by a surviving adult child or surviving spouse of a deceased | 23 | | adopted or surrendered person is executed in a foreign country, | 24 | | the
execution of such
document shall be acknowledged or | 25 | | affirmed before an officer of the United
States consular |
| | | 09600HB1445ham001 | - 57 - | LRB096 05030 AJO 44023 a |
|
| 1 | | services.
| 2 | | (k) If the person signing an Information Exchange
| 3 | | Authorization, Denial of Information, Birth Parent Preference | 4 | | Form, or Request for a Non-Certified Copy of an Original Birth | 5 | | Certificate completed by a surviving adult child or surviving | 6 | | spouse of a deceased adopted or surrendered person is in the | 7 | | military service of the
United States, the execution of such | 8 | | document may be acknowledged before a
commissioned officer and | 9 | | the signature of such officer on such certificate
shall be | 10 | | verified or acknowledged before a notary public or by such | 11 | | other
procedure as is then in effect for such division or | 12 | | branch of the armed forces.
| 13 | | (l) An adopted or surrendered person who completes a | 14 | | Request For a Non-Certified Copy of the Original Birth | 15 | | Certificate shall meet the same filing requirements and pay the | 16 | | same filing fees as a non-adopted person seeking to obtain a | 17 | | copy of his or her original birth certificate.
| 18 | | (Source: P.A. 96-895, eff. 5-21-10.)
| 19 | | (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
| 20 | | Sec. 18.3a. Confidential intermediary.
| 21 | | (a) General purposes.
Notwithstanding any other provision | 22 | | of
this Act, any
adopted or surrendered person 21 years of age | 23 | | or over, any adoptive parent or legal guardian
of
an adopted or | 24 | | surrendered person under the age of 21, or any birth parent of | 25 | | an adopted
or surrendered person who is 21 years of age or over |
| | | 09600HB1445ham001 | - 58 - | LRB096 05030 AJO 44023 a |
|
| 1 | | may petition the court in any county in
the
State of Illinois | 2 | | for appointment of a confidential intermediary as provided in
| 3 | | this Section for the purpose of exchanging medical information | 4 | | with one or
more mutually consenting biological relatives, | 5 | | obtaining identifying
information about one or more mutually | 6 | | consenting biological relatives, or
arranging contact with one | 7 | | or more mutually consenting biological relatives.
| 8 | | Additionally, in cases where an adopted or surrendered person | 9 | | is deceased,
an adult child of the adopted
or surrendered | 10 | | person or his or her adoptive parents or surviving spouse may | 11 | | file a petition under this Section and in cases
where the birth | 12 | | parent is deceased,
an adult birth sibling of the adopted or | 13 | | surrendered person or of the deceased birth parent
may
file a | 14 | | petition under this Section for the purpose of exchanging | 15 | | medical
information with one or more mutually consenting | 16 | | biological relatives of the adopted or surrendered person,
| 17 | | obtaining identifying information about one or more mutually | 18 | | consenting
biological relatives of the adopted or surrendered | 19 | | person, or arranging contact with one or more mutually
| 20 | | consenting biological relatives of the adopted or surrendered | 21 | | person. Beginning January 1, 2006, any adopted or surrendered | 22 | | person 21 years of age or over; any adoptive parent or legal | 23 | | guardian of an adopted or surrendered person under the age of | 24 | | 21; any birth parent, birth sibling, birth aunt, or birth uncle | 25 | | of an adopted or surrendered person over the age of 21; any | 26 | | surviving child, adoptive parent, or surviving spouse of a |
| | | 09600HB1445ham001 | - 59 - | LRB096 05030 AJO 44023 a |
|
| 1 | | deceased adopted or surrendered person who wishes to petition | 2 | | the court for the appointment of a confidential intermediary | 3 | | shall be required to accompany their petition with proof of | 4 | | registration with the Illinois Adoption Registry and Medical | 5 | | Information Exchange.
| 6 | | (b) Petition. Upon petition by an adopted or surrendered
| 7 | | person 21 years of age or over (an "adult adopted or | 8 | | surrendered person"), an
adoptive parent or legal guardian of | 9 | | an adopted or surrendered person under the age of 21,
or a | 10 | | birth parent of an adopted or surrendered person who is 21 | 11 | | years of age or over, the
court
shall appoint a confidential | 12 | | intermediary. Upon petition by
an adult child, adoptive parent | 13 | | or surviving spouse of an adopted or surrendered person who is | 14 | | deceased, by an adult birth sibling of an adopted or | 15 | | surrendered person
whose common birth parent is deceased
and | 16 | | whose adopted or surrendered birth sibling is 21 years of age | 17 | | or over, or by an adult sibling of a birth parent who is | 18 | | deceased,
and whose surrendered child is 21 years of age or | 19 | | over, the court may appoint a confidential
intermediary if the | 20 | | court finds that the disclosure is of greater benefit than
| 21 | | nondisclosure.
The petition shall state which biological | 22 | | relative
or
relatives are being sought and shall indicate if | 23 | | the petitioner wants to do any
one or more of the following: | 24 | | exchange medical information with the
biological relative or | 25 | | relatives, obtain identifying information from the
biological | 26 | | relative or relatives, or to arrange contact with the |
| | | 09600HB1445ham001 | - 60 - | LRB096 05030 AJO 44023 a |
|
| 1 | | biological
relative.
| 2 | | (c) Order. The order appointing the confidential | 3 | | intermediary shall allow
that
intermediary to conduct a search | 4 | | for the sought-after relative by accessing
those records | 5 | | described in subsection (g) of this Section.
| 6 | | (d) Fees and expenses. The court shall condition the | 7 | | appointment of the
confidential intermediary on the | 8 | | petitioner's payment of the intermediary's
fees and expenses in | 9 | | advance of the commencement of the work of the
confidential | 10 | | intermediary. However, no fee shall be charged if the | 11 | | petitioner is an adult adopted or surrendered person and the | 12 | | sought-after relative is a birth parent who filed a Denial with | 13 | | the Registry prior to January 1, 2011, or filed a Birth Parent | 14 | | Preference Form on which Option E was selected after January 1, | 15 | | 2011 and more than 5 years have transpired since the birth | 16 | | parent filed the Denial of Information Exchange or Birth Parent | 17 | | Preference Form on which Option E was selected.
| 18 | | (e) Eligibility of intermediary. The court may appoint as | 19 | | confidential
intermediary any
person certified by the | 20 | | Department of Children and Family Services as qualified to | 21 | | serve as a confidential
intermediary.
Certification shall be | 22 | | dependent upon the
confidential intermediary completing a | 23 | | course of training including, but not
limited to, applicable | 24 | | federal and State privacy laws.
| 25 | | (f) Confidential Intermediary Council. There shall be | 26 | | established under the
Department of Children and Family
|
| | | 09600HB1445ham001 | - 61 - | LRB096 05030 AJO 44023 a |
|
| 1 | | Services a Confidential Intermediary Advisory Council. One | 2 | | member shall be an
attorney representing the Attorney General's | 3 | | Office appointed by the Attorney
General. One member shall be a | 4 | | currently certified confidential intermediary
appointed by the | 5 | | Director of the Department of Children and Family Services.
The | 6 | | Director shall also appoint 5 additional members. When making | 7 | | those
appointments, the Director shall consider advocates for | 8 | | adopted persons,
adoptive parents, birth parents, lawyers who | 9 | | represent clients in private
adoptions, lawyers specializing | 10 | | in privacy law, and representatives of agencies
involved in | 11 | | adoptions. The Director shall appoint one of the 7 members as
| 12 | | the chairperson. An attorney from the Department of Children | 13 | | and Family
Services
and the person directly responsible for | 14 | | administering the confidential
intermediary program shall | 15 | | serve as ex-officio, non-voting advisors to the
Council. | 16 | | Council members shall serve at the discretion of the Director | 17 | | and
shall receive no compensation other than reasonable | 18 | | expenses approved by the
Director. The Council shall meet no | 19 | | less than twice yearly and shall meet at least once yearly with | 20 | | the Registry Advisory Council, and shall make
recommendations | 21 | | to the Director regarding the development of rules, procedures,
| 22 | | and forms that will ensure efficient and effective operation of | 23 | | the
confidential intermediary process, including:
| 24 | | (1) Standards for certification for confidential | 25 | | intermediaries.
| 26 | | (2) Oversight of methods used to verify that |
| | | 09600HB1445ham001 | - 62 - | LRB096 05030 AJO 44023 a |
|
| 1 | | intermediaries are complying
with the appropriate laws.
| 2 | | (3) Training for confidential intermediaries, | 3 | | including training with
respect to federal and State | 4 | | privacy laws.
| 5 | | (4) The relationship between confidential | 6 | | intermediaries and the court
system, including the | 7 | | development of sample orders defining the scope of the
| 8 | | intermediaries' access to information.
| 9 | | (5) Any recent violations of policy or procedures by | 10 | | confidential
intermediaries and remedial steps, including | 11 | | decertification, to prevent future
violations.
| 12 | | (g) Access. Subject to the limitations of subsection (i) | 13 | | of this
Section, the
confidential
intermediary shall have | 14 | | access to vital records or a comparable public entity that | 15 | | maintains vital records in another state in accordance with | 16 | | that state's laws, maintained by the Department of
Public | 17 | | Health and its local designees for the maintenance of vital | 18 | | records or a comparable public entity that maintains vital | 19 | | records in another state in accordance with that state's laws | 20 | | and
all records of the court or any adoption agency,
public
or | 21 | | private, as limited in this Section, which relate to the | 22 | | adoption or the identity and location of an
adopted or | 23 | | surrendered person, of an adult child or surviving spouse of a | 24 | | deceased adopted or surrendered person, or of a birth
parent, | 25 | | birth sibling, or the sibling of a deceased birth parent. The
| 26 | | confidential intermediary shall not have access to any personal |
| | | 09600HB1445ham001 | - 63 - | LRB096 05030 AJO 44023 a |
|
| 1 | | health
information protected by the Standards for Privacy of | 2 | | Individually
Identifiable Health Information adopted by the | 3 | | U.S. Department of Health and
Human Services under the Health | 4 | | Insurance Portability and Accountability Act of
1996 unless the | 5 | | confidential intermediary has obtained written consent from | 6 | | the
person whose information is being sought by an adult | 7 | | adopted or surrendered person or, if that person is a minor | 8 | | child,
that person's parent or guardian. Confidential
| 9 | | intermediaries shall be authorized to inspect confidential | 10 | | relinquishment and
adoption records. The confidential | 11 | | intermediary shall not be authorized to
access medical
records, | 12 | | financial records, credit records, banking records, home | 13 | | studies,
attorney file records, or other personal records.
In | 14 | | cases where a birth parent is being sought, an adoption agency | 15 | | shall inform
the confidential intermediary of any statement | 16 | | filed pursuant to Section 18.3, hereinafter referred to as "the | 17 | | 18.3 statement",
indicating a desire of the surrendering birth | 18 | | parent to have identifying
information shared or to not have | 19 | | identifying information shared. If there was
a clear statement | 20 | | of intent by the sought-after birth parent not to have
| 21 | | identifying information shared, the confidential intermediary | 22 | | shall discontinue
the search and inform the petitioning party | 23 | | of the sought-after relative's
intent unless the birth parent | 24 | | filed the 18.3 statement prior to the effective date of this | 25 | | amendatory Act of the 96th General Assembly and more than 5 | 26 | | years have elapsed since the filing of the 18.3 statement. If |
| | | 09600HB1445ham001 | - 64 - | LRB096 05030 AJO 44023 a |
|
| 1 | | the adult adopted or surrendered person is the subject of an | 2 | | 18.3 statement indicating a desire not to establish contact | 3 | | which was filed more than 5 years prior to the search request, | 4 | | the confidential intermediary shall confirm the petitioner's | 5 | | desire to continue the search. Information
provided to the | 6 | | confidential intermediary by an adoption agency shall be
| 7 | | restricted to the full name, date of birth, place of birth, | 8 | | last known address,
last known telephone number of the | 9 | | sought-after relative or, if applicable,
of the children or | 10 | | siblings of the sought-after relative, and the 18.3 statement.
| 11 | | (h) Adoption agency disclosure of medical information. If | 12 | | the petitioner is
an adult adopted or surrendered person or the | 13 | | adoptive parent of a
minor and if the petitioner has signed a | 14 | | written authorization to disclose
personal medical | 15 | | information, an adoption agency disclosing information to a
| 16 | | confidential intermediary shall disclose available medical | 17 | | information about
the adopted or surrendered person from birth | 18 | | through adoption.
| 19 | | (i) Duties of confidential intermediary in conducting a | 20 | | search. In
conducting
a search under this Section, the | 21 | | confidential intermediary shall first confirm
that there is no | 22 | | Denial of Information Exchange on file with the Illinois
| 23 | | Adoption Registry. If the petitioner is an adult child of an | 24 | | adopted or surrendered person
who is deceased, the
confidential | 25 | | intermediary shall additionally confirm that the adopted or | 26 | | surrendered person
did not file a Denial of Information |
| | | 09600HB1445ham001 | - 65 - | LRB096 05030 AJO 44023 a |
|
| 1 | | Exchange or a Birth Parent Preference Form with Option E | 2 | | selected with the Illinois Adoption
Registry during his or her | 3 | | life. If there is a Denial on file with the Registry, the | 4 | | confidential intermediary must discontinue the search unless | 5 | | the petitioner is an adult adopted or surrendered person and | 6 | | the sought-after birth relative filed the Denial 5 years or | 7 | | more prior to the search or the birth parent has not been the | 8 | | object of a search through the State confidential intermediary | 9 | | program for 10 or more years. If the petitioner is an adult | 10 | | adopted or surrendered person and there is a Birth Parent | 11 | | Preference Form on file with the Registry and the birth parent | 12 | | who completed the form selected Option E, the confidential | 13 | | intermediary must discontinue the search unless 5 years or more | 14 | | have elapsed since the filing of the Birth Parent Preference | 15 | | Form. If the petitioner is an adult birth sibling of
an
adopted
| 16 | | or surrendered person or an adult sibling of a birth parent who | 17 | | is deceased,
the confidential intermediary shall
additionally | 18 | | confirm that the birth parent did not file a Denial of | 19 | | Information
Exchange or a Birth Parent Preference Form with | 20 | | Option E selected with the Registry during his or her life. If | 21 | | the confidential
intermediary learns that a sought-after birth | 22 | | parent signed an 18.3 statement
indicating his or her intent | 23 | | not to have identifying information shared, and
did not later | 24 | | file an Information Exchange Authorization or a Birth Parent | 25 | | Preference Form with the
Registry, the confidential | 26 | | intermediary shall discontinue the search and inform
the |
| | | 09600HB1445ham001 | - 66 - | LRB096 05030 AJO 44023 a |
|
| 1 | | petitioning party of the birth parent's intent, unless the | 2 | | petitioner is an adult adopted or surrendered person and 5 | 3 | | years or more have elapsed since the birth parent signed the | 4 | | statement indicating his or her intent not to have identifying | 5 | | information shared. In cases where the birth parent filed a | 6 | | Denial of Information Exchange or Birth Parent Preference Form | 7 | | where Option E was selected, or statement indicating his or her | 8 | | intent not to have identifying information shared less than 5 | 9 | | years prior to the search request and the petitioner is an | 10 | | adult adopted or surrendered person, the confidential | 11 | | intermediary shall inform the petitioner of the need to | 12 | | discontinue the search until 5 years have elapsed since the | 13 | | Denial of Information Exchange or Birth Parent Preference Form | 14 | | where Option E was selected, or statement
was filed; in cases | 15 | | where a birth parent was previously the subject of a search | 16 | | through the State confidential intermediary program, the | 17 | | confidential intermediary shall inform the petitioner of the | 18 | | need to discontinue the search until 10 years or more have | 19 | | elapsed since the initial search was closed. In cases where a | 20 | | birth parent has been the object of 2 searches through the | 21 | | State confidential intermediary program, no subsequent search | 22 | | for the birth parent shall be authorized absent a court order | 23 | | to the contrary.
| 24 | | In conducting a search under this Section, the confidential | 25 | | intermediary
shall attempt to locate the relative or relatives | 26 | | from whom the petitioner has
requested information. If the |
| | | 09600HB1445ham001 | - 67 - | LRB096 05030 AJO 44023 a |
|
| 1 | | sought-after relative is deceased
or cannot be located after a | 2 | | diligent search, the
confidential intermediary may contact | 3 | | other adult relatives of the
sought-after relative.
| 4 | | The confidential intermediary shall contact a sought-after | 5 | | relative on
behalf of the petitioner in a manner that respects | 6 | | the sought-after relative's
privacy and shall inform the | 7 | | sought-after relative of the petitioner's request
for medical | 8 | | information, identifying information or contact as stated in | 9 | | the
petition. Based upon the terms of the petitioner's request, | 10 | | the confidential
intermediary shall contact a sought-after | 11 | | relative on behalf of the petitioner
and inform the | 12 | | sought-after relative of the following options:
| 13 | | (1) The sought-after relative may totally reject one or | 14 | | all of the
requests for medical information, identifying | 15 | | information or
contact. The sought-after relative shall be | 16 | | informed that they can
provide a medical questionnaire to | 17 | | be forwarded to the petitioner
without releasing any | 18 | | identifying information. The confidential
intermediary | 19 | | shall inform the petitioner of the sought-after
relative's | 20 | | decision to reject the sharing of information or contact.
| 21 | | (2) The sought-after relative may consent to | 22 | | completing a medical
questionnaire only. In this case, the | 23 | | confidential intermediary
shall provide the questionnaire | 24 | | and ask the sought-after relative to
complete it. The | 25 | | confidential intermediary shall forward the
completed | 26 | | questionnaire to the petitioner and inform the petitioner
|
| | | 09600HB1445ham001 | - 68 - | LRB096 05030 AJO 44023 a |
|
| 1 | | of the sought-after relative's desire to not provide any | 2 | | additional
information.
| 3 | | (3) The sought-after relative may communicate with the | 4 | | petitioner
without having his or her identity disclosed. In | 5 | | this case, the
confidential intermediary shall arrange the | 6 | | desired communication
in a manner that protects the | 7 | | identity of the sought-after relative.
The confidential | 8 | | intermediary shall inform the petitioner of the
| 9 | | sought-after relative's decision to communicate but not | 10 | | disclose
his or her identity.
| 11 | | (4) The sought-after sought after relative may consent | 12 | | to initiate contact with the
petitioner. If both the | 13 | | petitioner and the sought-after relative or
relatives are | 14 | | eligible to register with the Illinois Adoption Registry,
| 15 | | the confidential intermediary shall provide the necessary
| 16 | | application forms and request that the sought-after | 17 | | relative
register with the Illinois Adoption Registry. If | 18 | | either the petitioner
or the sought-after relative or | 19 | | relatives are ineligible to register
with the Illinois | 20 | | Adoption Registry, the confidential intermediary
shall | 21 | | obtain written consents from both parties that they wish to
| 22 | | disclose their identities to each other and to have contact | 23 | | with
each other.
| 24 | | (j) Oath. The confidential intermediary shall sign an oath | 25 | | of
confidentiality substantially as follows: "I, .........., | 26 | | being duly sworn, on
oath depose and say: As a condition of |
| | | 09600HB1445ham001 | - 69 - | LRB096 05030 AJO 44023 a |
|
| 1 | | appointment as a confidential
intermediary, I affirm that:
| 2 | | (1) I will not disclose to the petitioner,
directly or | 3 | | indirectly, any confidential information
except in a | 4 | | manner consistent with the
law.
| 5 | | (2) I recognize that violation of this oath subjects me | 6 | | to civil liability
and to a potential finding of contempt | 7 | | of court.
................................
| 8 | | SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
| 9 | | date)
| 10 | | ................................."
| 11 | | (k) Sanctions.
| 12 | | (1) Any confidential intermediary who improperly | 13 | | discloses
confidential information identifying a | 14 | | sought-after relative shall be liable to
the sought-after | 15 | | relative for damages and may also be found in contempt of
| 16 | | court.
| 17 | | (2) Any person who learns a sought-after
relative's | 18 | | identity, directly or indirectly, through the use of | 19 | | procedures
provided in this Section and who improperly | 20 | | discloses information identifying
the sought-after | 21 | | relative shall be liable to the sought-after relative for
| 22 | | actual damages plus minimum punitive damages of $10,000.
| 23 | | (3) The Department shall fine any confidential | 24 | | intermediary who improperly
discloses
confidential | 25 | | information in violation of item (1) or (2) of this | 26 | | subsection (k)
an amount up to $2,000 per improper |
| | | 09600HB1445ham001 | - 70 - | LRB096 05030 AJO 44023 a |
|
| 1 | | disclosure. This fine does not affect
civil liability under | 2 | | item (2) of this subsection (k). The Department shall
| 3 | | deposit all fines and penalties collected under this | 4 | | Section into the Illinois
Adoption Registry and Medical | 5 | | Information Fund.
| 6 | | (l) Death of person being sought. Notwithstanding any other | 7 | | provision
of this Act, if the confidential intermediary | 8 | | discovers that the person
being sought has died, he or she | 9 | | shall report this fact to the court,
along with a copy of the | 10 | | death certificate. If the sought-after relative is a birth | 11 | | parent, the confidential intermediary shall also forward a copy | 12 | | of the birth parent's death certificate, if available, to the | 13 | | Registry for inclusion in the Registry file.
| 14 | | (m) Any confidential information obtained by the | 15 | | confidential intermediary
during the course of his or her | 16 | | search shall be kept strictly confidential
and shall be used | 17 | | for the purpose of arranging contact between the
petitioner and | 18 | | the sought-after birth relative. At the time the case is
| 19 | | closed, all identifying information shall be returned to the | 20 | | court for
inclusion in the impounded adoption file.
| 21 | | (n) If the petitioner is an adopted or surrendered person | 22 | | 21 years of age or over or the
adoptive parent or legal | 23 | | guardian of an adopted or surrendered person under the age
of | 24 | | 21, any
non-identifying information, as defined in Section | 25 | | 18.4, that is
ascertained during the course of the search may | 26 | | be given in writing to
the petitioner at any time during the |
| | | 09600HB1445ham001 | - 71 - | LRB096 05030 AJO 44023 a |
|
| 1 | | search before the case is closed.
| 2 | | (o) Except as provided in subsection (k) of this Section, | 3 | | no liability shall
accrue to
the State, any State agency, any | 4 | | judge, any officer or employee of the
court, any certified | 5 | | confidential intermediary, or any agency designated
to oversee | 6 | | confidential intermediary services for acts, omissions, or
| 7 | | efforts made in good faith within the scope of this Section.
| 8 | | (p) An adoption agency that has received a request from a | 9 | | confidential intermediary for the full name, date of birth, | 10 | | last known address, or last known telephone number of a | 11 | | sought-after relative pursuant to subsection (g) of Section | 12 | | 18.3a, or for medical information regarding a sought-after | 13 | | relative pursuant to subsection (h) of Section 18.3a, must | 14 | | satisfactorily comply with this court order within a period of | 15 | | 45 days. The court shall order the adoption agency to reimburse | 16 | | the petitioner in an amount equal to all payments made by the | 17 | | petitioner to the confidential intermediary, and the adoption | 18 | | agency shall be subject to a civil monetary penalty of $1,000 | 19 | | to be paid to the Department of Children and Family Services. | 20 | | Following the issuance of a court order finding that the | 21 | | adoption agency has not complied with Section 18.3, the | 22 | | adoption agency shall be subject to a monetary penalty of $500 | 23 | | per day for each subsequent day of non-compliance. Proceeds | 24 | | from such fines shall be utilized by the Department of Children | 25 | | and Family Services to subsidize the fees of petitioners as | 26 | | referenced in subsection (d) of this Section. |
| | | 09600HB1445ham001 | - 72 - | LRB096 05030 AJO 44023 a |
|
| 1 | | (q) Provide information to eligible petitioner. The | 2 | | confidential intermediary may provide to eligible petitioners | 3 | | as described in subsections (a) and (b) of this Section, the | 4 | | name of the child welfare agency which had legal custody of the | 5 | | surrendered person or responsibility for placing the | 6 | | surrendered person and any available contact information for | 7 | | such agency. In addition, the confidential intermediary may | 8 | | provide to such petitioners the name of the state in which the | 9 | | surrender occurred or in which the adoption was finalized. | 10 | | Any reimbursements and fines, notwithstanding any | 11 | | reimbursement directly to the petitioner, paid under this | 12 | | subsection are in addition to other remedies a court may | 13 | | otherwise impose by law. | 14 | | The Department of Children and Family Services shall submit | 15 | | reports to the Confidential Intermediary Advisory Council by | 16 | | July 1 and January 1 of each year in order to report the | 17 | | penalties assessed and collected under this subsection, the | 18 | | amounts of related deposits into the DCFS Children's Services | 19 | | Fund, and any expenditures from such deposits.
| 20 | | (Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10.)
| 21 | | (750 ILCS 50/18.6) (from Ch. 40, par. 1522.6)
| 22 | | Sec. 18.6. Registry fees. The Department of Public Health | 23 | | shall levy a
fee for each
registrant under Sections 18.05 | 24 | | through 18.5.
A $15 fee shall be charged for registering with | 25 | | the Illinois Adoption
Registry and Medical Information |
| | | 09600HB1445ham001 | - 73 - | LRB096 05030 AJO 44023 a |
|
| 1 | | Exchange. However, this fee shall be
waived for all adopted or | 2 | | surrendered persons, surviving children and spouses of | 3 | | deceased adopted persons, adoptive parents,
legal guardians, | 4 | | birth parents, birth aunts, birth uncles, and
birth siblings | 5 | | who complete a Medical Information Exchange Questionnaire at | 6 | | the
time of registration and authorize its release to specified | 7 | | registered parties,
and for adoptive parents
registering | 8 | | within 12 months of the finalization of the
adoption. All | 9 | | persons who were registered with the Illinois Adoption Registry
| 10 | | prior to the effective date of this amendatory Act of 1999
and | 11 | | who wish to
update their registration may do so without charge.
| 12 | | No charge of any
kind shall be made for the withdrawal of any | 13 | | form provided in Section 18.2.
| 14 | | (Source: P.A. 96-895, eff. 5-21-10.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
|
|