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90_HB3778eng
750 ILCS 50/3 from Ch. 40, par. 1504
Amends the Adoption Act. In provisions regarding who may
be adopted under the Act, makes a stylistic change.
LRB9010853SMdv
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1 AN ACT in relation to adoption.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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
9 of birth when he or she receives any of the following:
10 (a) A certificate of adoption as provided in
11 Section 16 or a certified copy of the order of adoption
12 together with the information necessary to identify the
13 original certificate of birth and to establish the new
14 certificate of birth; except that a new certificate of
15 birth shall not be established if so requested by the
16 court ordering the adoption, the adoptive parents, or the
17 adopted person.
18 (b) A certificate of adoption or a certified copy
19 of the order of adoption entered in a court of competent
20 jurisdiction of any other state or country declaring
21 adopted a child born in the State of Illinois, together
22 with the information necessary to identify the original
23 certificate of birth and to establish the new certificate
24 of birth; except that a new certificate of birth shall
25 not be established if so requested by the court ordering
26 the adoption, the adoptive parents, or the adopted
27 person.
28 (c) A request that a new certificate be established
29 and such evidence as required by regulation proving that
30 such person has been legitimatized, or that the circuit
31 court, the Illinois Department of Public Aid, or a court
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1 or administrative agency of any other state has
2 established the paternity of such a person by judicial or
3 administrative processes or by voluntary acknowledgment,
4 which is accompanied by the social security numbers of
5 all persons determined and presumed to be the parents.
6 (d) An affidavit by a physician that he or she has
7 performed an operation on a person, and that by reason of
8 the operation the sex designation on such person's birth
9 record should be changed. The State Registrar of Vital
10 Records may make any investigation or require any further
11 information he or she deems necessary.
12 Each request for a new certificate of birth shall be
13 accompanied by a fee of $15 and entitles the applicant to one
14 certification or certified copy of the new certificate. If
15 the request is for additional copies, it shall be accompanied
16 by a fee of $2 for each additional certification or certified
17 copy.
18 (2) When a new certificate of birth is established, the
19 actual place and date of birth shall be shown; provided, in
20 the case of adoption of a person born in this State by
21 parents who were residents of this State at the time of the
22 birth of the adopted person, the place of birth may be shown
23 as the place of residence of the adoptive parents at the time
24 of such person's birth, if specifically requested by them,
25 and any new certificate of birth established prior to the
26 effective date of this amendatory Act may be corrected
27 accordingly if so requested by the adoptive parents or the
28 adopted person when of legal age. The social security numbers
29 of the parents shall not be recorded on the certificate of
30 birth. The social security numbers may only be used for
31 purposes allowed under federal law. The new certificate shall
32 be substituted for the original certificate of birth:
33 (a) Thereafter, the original certificate and the
34 evidence of adoption, paternity, legitimation, or sex
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1 change shall not be subject to inspection or
2 certification except upon order of the circuit court or
3 as provided by regulation.
4 (b) Upon receipt of notice of annulment of
5 adoption, the original certificate of birth shall be
6 restored to its place in the files, and the new
7 certificate and evidence shall not be subject to
8 inspection or certification except upon order of the
9 circuit court.
10 (3) If no certificate of birth is on file for the person
11 for whom a new certificate is to be established under this
12 Section, a delayed record of birth shall be filed with the
13 State Registrar of Vital Records as provided in Section 14 or
14 Section 15 of this Act before a new certificate of birth is
15 established, except that when the date and place of birth and
16 parentage have been established in the adoption proceedings,
17 a delayed record shall not be required.
18 (4) When a new certificate of birth is established by
19 the State Registrar of Vital Records, all copies of the
20 original certificate of birth in the custody of any custodian
21 of permanent local records in this State shall be transmitted
22 to the State Registrar of Vital Records as directed, and
23 shall be sealed from inspection.
24 (5) Nothing in this Section shall be construed to
25 prohibit the amendment of a birth certificate in accordance
26 with subsection (6) of Section 22.
27 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
28 eff. 8-9-96; 90-18, eff. 7-1-97.)
29 Section 10. The Adoption Act is amended by changing
30 Sections 1, 18.3a, and 18.4 as follows:
31 (750 ILCS 50/1) (from Ch. 40, par. 1501)
32 Sec. 1. Definitions. When used in this Act, unless the
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1 context otherwise requires:
2 A. "Child" means a person under legal age subject to
3 adoption under this Act.
4 B. "Related child" means a child subject to adoption
5 where either or both of the adopting parents stands in any of
6 the following relationships to the child by blood or
7 marriage: parent, grand-parent, brother, sister, step-parent,
8 step-grandparent, step-brother, step-sister, uncle, aunt,
9 great-uncle, great-aunt, or cousin of first degree. A child
10 whose parent has executed a final irrevocable consent to
11 adoption or a final irrevocable surrender for purposes of
12 adoption, or whose parent has had his or her parental rights
13 terminated, is not a related child to that person, unless the
14 consent is determined to be void or is void pursuant to
15 subsection O of Section 10.
16 C. "Agency" for the purpose of this Act means a public
17 child welfare agency or a licensed child welfare agency.
18 D. "Unfit person" means any person whom the court shall
19 find to be unfit to have a child, without regard to the
20 likelihood that the child will be placed for adoption. The
21 grounds of unfitness are any one or more of the following:
22 (a) Abandonment of the child.
23 (a-1) Abandonment of a newborn infant in a
24 hospital.
25 (a-2) Abandonment of a newborn infant in any
26 setting where the evidence suggests that the parent
27 intended to relinquish his or her parental rights.
28 (b) Failure to maintain a reasonable degree of
29 interest, concern or responsibility as to the child's
30 welfare.
31 (c) Desertion of the child for more than 3 months
32 next preceding the commencement of the Adoption
33 proceeding.
34 (d) Substantial neglect of the child if continuous
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1 or repeated.
2 (d-1) Substantial neglect, if continuous or
3 repeated, of any child residing in the household which
4 resulted in the death of that child.
5 (e) Extreme or repeated cruelty to the child.
6 (f) Two or more findings of physical abuse to any
7 children under Section 4-8 of the Juvenile Court Act or
8 Section 2-21 of the Juvenile Court Act of 1987, the most
9 recent of which was determined by the juvenile court
10 hearing the matter to be supported by clear and
11 convincing evidence; a criminal conviction or a finding
12 of not guilty by reason of insanity resulting from the
13 death of any child by physical child abuse; or a finding
14 of physical child abuse resulting from the death of any
15 child under Section 4-8 of the Juvenile Court Act or
16 Section 2-21 of the Juvenile Court Act of 1987.
17 (g) Failure to protect the child from conditions
18 within his environment injurious to the child's welfare.
19 (h) Other neglect of, or misconduct toward the
20 child; provided that in making a finding of unfitness the
21 court hearing the adoption proceeding shall not be bound
22 by any previous finding, order or judgment affecting or
23 determining the rights of the parents toward the child
24 sought to be adopted in any other proceeding except such
25 proceedings terminating parental rights as shall be had
26 under either this Act, the Juvenile Court Act or the
27 Juvenile Court Act of 1987.
28 (i) Depravity.
29 (j) Open and notorious adultery or fornication.
30 (j-1) Conviction of any one of the following crimes
31 shall create a presumption of unfitness that may be
32 overcome only by clear and convincing evidence: (1) first
33 degree murder in violation of paragraph 1 or 2 of
34 subsection (a) of Section 9-1 of the Criminal Code of
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1 1961 or conviction of second degree murder in violation
2 of subsection (a) of Section 9-2 of the Criminal Code of
3 1961 of a parent of the child to be adopted; (2) a
4 criminal conviction of first degree murder or second
5 degree murder of any child in violation of the Criminal
6 Code of 1961; (3) a criminal conviction of attempt or
7 conspiracy to commit first degree murder or second degree
8 murder of any child in violation of the Criminal Code of
9 1961; (4) a criminal conviction of solicitation to commit
10 murder of any child, solicitation to commit murder of any
11 child for hire, or solicitation to commit second degree
12 murder of any child in violation of the Criminal Code of
13 1961; (5) a criminal conviction of accountability for the
14 first or second degree murder of any child in violation
15 of the Criminal Code of 1961; or (6) a criminal
16 conviction of aggravated criminal sexual assault in
17 violation of Section 12-14(b)(1) of the Criminal Code of
18 1961.
19 (k) Habitual drunkenness or addiction to drugs,
20 other than those prescribed by a physician, for at least
21 one year immediately prior to the commencement of the
22 unfitness proceeding.
23 (l) Failure to demonstrate a reasonable degree of
24 interest, concern or responsibility as to the welfare of
25 a new born child during the first 30 days after its
26 birth.
27 (m) Failure by a parent to make reasonable efforts
28 to correct the conditions that were the basis for the
29 removal of the child from the parent, or to make
30 reasonable progress toward the return of the child to the
31 parent within 9 months after an adjudication of neglected
32 or abused minor under Section 2-3 of the Juvenile Court
33 Act of 1987 or dependent minor under Section 2-4 of that
34 Act. If a service plan has been established as required
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1 under Section 8.2 of the Abused and Neglected Child
2 Reporting Act to correct the conditions that were the
3 basis for the removal of the child from the parent and if
4 those services were available, then, for purposes of this
5 Act, "failure to make reasonable progress toward the
6 return of the child to the parent" includes the parent's
7 failure to substantially fulfill his or her obligations
8 under the service plan and correct the conditions that
9 brought the child into care within 9 months after the
10 adjudication under Section 2-3 or 2-4 of the Juvenile
11 Court Act of 1987.
12 (n) Evidence of intent to forego his or her
13 parental rights, whether or not the child is a ward of
14 the court, (1) as manifested by his or her failure for a
15 period of 12 months: (i) to visit the child, (ii) to
16 communicate with the child or agency, although able to do
17 so and not prevented from doing so by an agency or by
18 court order, or (iii) to maintain contact with or plan
19 for the future of the child, although physically able to
20 do so, or (2) as manifested by the father's failure,
21 where he and the mother of the child were unmarried to
22 each other at the time of the child's birth, (i) to
23 commence legal proceedings to establish his paternity
24 under the Illinois Parentage Act of 1984 or the law of
25 the jurisdiction of the child's birth within 30 days of
26 being informed, pursuant to Section 12a of this Act, that
27 he is the father or the likely father of the child or,
28 after being so informed where the child is not yet born,
29 within 30 days of the child's birth, or (ii) to make a
30 good faith effort to pay a reasonable amount of the
31 expenses related to the birth of the child and to provide
32 a reasonable amount for the financial support of the
33 child, the court to consider in its determination all
34 relevant circumstances, including the financial condition
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1 of both parents; provided that the ground for termination
2 provided in this subparagraph (n)(2)(ii) shall only be
3 available where the petition is brought by the mother or
4 the husband of the mother.
5 Contact or communication by a parent with his or her
6 child that does not demonstrate affection and concern
7 does not constitute reasonable contact and planning under
8 subdivision (n). In the absence of evidence to the
9 contrary, the ability to visit, communicate, maintain
10 contact, pay expenses and plan for the future shall be
11 presumed. The subjective intent of the parent, whether
12 expressed or otherwise, unsupported by evidence of the
13 foregoing parental acts manifesting that intent, shall
14 not preclude a determination that the parent has intended
15 to forego his or her parental rights. In making this
16 determination, the court may consider but shall not
17 require a showing of diligent efforts by an authorized
18 agency to encourage the parent to perform the acts
19 specified in subdivision (n).
20 It shall be an affirmative defense to any allegation
21 under paragraph (2) of this subsection that the father's
22 failure was due to circumstances beyond his control or to
23 impediments created by the mother or any other person
24 having legal custody. Proof of that fact need only be by
25 a preponderance of the evidence.
26 (o) Repeated or continuous failure by the parents,
27 although physically and financially able, to provide the
28 child with adequate food, clothing, or shelter.
29 (p) Inability to discharge parental
30 responsibilities supported by competent evidence from a
31 psychiatrist, licensed clinical social worker, or
32 clinical psychologist of mental impairment, mental
33 illness or mental retardation as defined in Section 1-116
34 of the Mental Health and Developmental Disabilities Code,
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1 or developmental disability as defined in Section 1-106
2 of that Code, and there is sufficient justification to
3 believe that the inability to discharge parental
4 responsibilities shall extend beyond a reasonable time
5 period. However, this subdivision (p) shall not be
6 construed so as to permit a licensed clinical social
7 worker to conduct any medical diagnosis to determine
8 mental illness or mental impairment.
9 (q) A finding of physical abuse of the child under
10 Section 4-8 of the Juvenile Court Act or Section 2-21 of
11 the Juvenile Court Act of 1987 and a criminal conviction
12 of aggravated battery of the child.
13 (r) The child is in the temporary custody or
14 guardianship of the Department of Children and Family
15 Services, the parent is incarcerated as a result of
16 criminal conviction at the time the petition or motion
17 for termination of parental rights is filed, prior to
18 incarceration the parent had little or no contact with
19 the child or provided little or no support for the child,
20 and the parent's incarceration will prevent the parent
21 from discharging his or her parental responsibilities for
22 the child for a period in excess of 2 years after the
23 filing of the petition or motion for termination of
24 parental rights.
25 (s) The child is in the temporary custody or
26 guardianship of the Department of Children and Family
27 Services, the parent is incarcerated at the time the
28 petition or motion for termination of parental rights is
29 filed, the parent has been repeatedly incarcerated as a
30 result of criminal convictions, and the parent's repeated
31 incarceration has prevented the parent from discharging
32 his or her parental responsibilities for the child.
33 (t) (r) A finding that at birth the child's blood,
34 or urine, or meconium contained any amount of a
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1 controlled substance as defined in subsection (f) of
2 Section 102 of the Illinois Controlled Substances Act, or
3 a metabolite of a controlled substance, with the
4 exception of controlled substances or metabolites of such
5 substances, the presence of which in the newborn infant
6 was the result of medical treatment administered to the
7 mother or the newborn infant, and that the biological
8 mother of this child is the biological mother of at least
9 one other child who was adjudicated a neglected minor
10 under subsection (c) of Section 2-3 of the Juvenile Court
11 Act of 1987, after which the biological mother had the
12 opportunity to enroll in and participate in a clinically
13 appropriate substance abuse drug counseling, treatment,
14 and rehabilitation program.
15 E. "Parent" means the father or mother of a legitimate
16 or illegitimate child. For the purpose of this Act, a person
17 who has executed a final and irrevocable consent to adoption
18 or a final and irrevocable surrender for purposes of
19 adoption, or whose parental rights have been terminated by a
20 court, is not a parent of the child who was the subject of
21 the consent or surrender, unless the consent is void pursuant
22 to subsection O of Section 10.
23 F. A person is available for adoption when the person
24 is:
25 (a) a child who has been surrendered for adoption
26 to an agency and to whose adoption the agency has
27 thereafter consented;
28 (b) a child to whose adoption a person authorized
29 by law, other than his parents, has consented, or to
30 whose adoption no consent is required pursuant to Section
31 8 of this Act;
32 (c) a child who is in the custody of persons who
33 intend to adopt him through placement made by his
34 parents;
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1 (c-1) a child for whom a parent has signed a
2 specific consent pursuant to subsection O of Section 10;
3 or
4 (d) an adult who meets the conditions set forth in
5 Section 3 of this Act.
6 A person who would otherwise be available for adoption
7 shall not be deemed unavailable for adoption solely by reason
8 of his or her death.
9 G. The singular includes the plural and the plural
10 includes the singular and the "male" includes the "female",
11 as the context of this Act may require.
12 H. "Adoption disruption" occurs when an adoptive
13 placement does not prove successful and it becomes necessary
14 for the child to be removed from placement before the
15 adoption is finalized.
16 I. "Foreign placing agency" is an agency or individual
17 operating in a country or territory outside the United States
18 that is authorized by its country to place children for
19 adoption either directly with families in the United States
20 or through United States based international agencies.
21 J. "Immediate relatives" means the biological parents,
22 the parents of the biological parents and siblings of the
23 biological parents.
24 K. "Intercountry adoption" is a process by which a child
25 from a country other than the United States is adopted.
26 L. "Intercountry Adoption Coordinator" is a staff person
27 of the Department of Children and Family Services appointed
28 by the Director to coordinate the provision of services by
29 the public and private sector to prospective parents of
30 foreign-born children.
31 M. "Interstate Compact on the Placement of Children" is
32 a law enacted by most states for the purpose of establishing
33 uniform procedures for handling the interstate placement of
34 children in foster homes, adoptive homes, or other child care
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1 facilities.
2 N. "Non-Compact state" means a state that has not
3 enacted the Interstate Compact on the Placement of Children.
4 O. "Preadoption requirements" are any conditions
5 established by the laws or regulations of the Federal
6 Government or of each state that must be met prior to the
7 placement of a child in an adoptive home.
8 P. "Abused child" means a child whose parent or
9 immediate family member, or any person responsible for the
10 child's welfare, or any individual residing in the same home
11 as the child, or a paramour of the child's parent:
12 (a) inflicts, causes to be inflicted, or allows to
13 be inflicted upon the child physical injury, by other
14 than accidental means, that causes death, disfigurement,
15 impairment of physical or emotional health, or loss or
16 impairment of any bodily function;
17 (b) creates a substantial risk of physical injury
18 to the child by other than accidental means which would
19 be likely to cause death, disfigurement, impairment of
20 physical or emotional health, or loss or impairment of
21 any bodily function;
22 (c) commits or allows to be committed any sex
23 offense against the child, as sex offenses are defined in
24 the Criminal Code of 1961 and extending those definitions
25 of sex offenses to include children under 18 years of
26 age;
27 (d) commits or allows to be committed an act or
28 acts of torture upon the child; or
29 (e) inflicts excessive corporal punishment.
30 Q. "Neglected child" means any child whose parent or
31 other person responsible for the child's welfare withholds or
32 denies nourishment or medically indicated treatment including
33 food or care denied solely on the basis of the present or
34 anticipated mental or physical impairment as determined by a
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1 physician acting alone or in consultation with other
2 physicians or otherwise does not provide the proper or
3 necessary support, education as required by law, or medical
4 or other remedial care recognized under State law as
5 necessary for a child's well-being, or other care necessary
6 for his or her well-being, including adequate food, clothing
7 and shelter; or who is abandoned by his or her parents or
8 other person responsible for the child's welfare.
9 A child shall not be considered neglected or abused for
10 the sole reason that the child's parent or other person
11 responsible for his or her welfare depends upon spiritual
12 means through prayer alone for the treatment or cure of
13 disease or remedial care as provided under Section 4 of the
14 Abused and Neglected Child Reporting Act.
15 R. "Putative father" means a man who may be a child's
16 father, but who (1) is not married to the child's mother on
17 or before the date that the child was or is to be born and
18 (2) has not established paternity of the child in a court
19 proceeding before the filing of a petition for the adoption
20 of the child. The term includes a male who is less than 18
21 years of age. "Putative father" does not mean a man who is
22 the child's father as a result of criminal sexual abuse or
23 assault as defined under Article 12 of the Criminal Code of
24 1961.
25 S. "Adopted person" means a person who was adopted
26 pursuant to the laws in effect at the time of adoption.
27 T. "Surrendered person" means a person who was the
28 subject of a written consent and surrender for the purpose of
29 making him or her legally available for adoption, or a person
30 who was a ward in the custody of an agency and was legally
31 surrendered for adoption.
32 U. "Birth parent" means a parent, by birth, of an
33 adopted or surrendered person.
34 V. "Birth sibling" means a person who is the biological
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1 brother or sister of an adopted or surrendered person by the
2 whole or half blood.
3 W. "Adoptive parent" means a person who has become a
4 parent through the legal process of adoption.
5 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
6 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
7 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
8 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
9 6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
10 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
11 Sec. 18.3a. Confidential intermediary.
12 (a) General purposes. Notwithstanding any other
13 provision of this Act, any adopted or surrendered person
14 adoptee over the age of 18, or any adoptive parent or legal
15 guardian of an adopted person adoptee under the age of 18, or
16 any birth parent or birth sibling of an adopted or
17 surrendered person over the age of 18 may petition the court
18 for appointment of a confidential intermediary as provided in
19 this Section for the purpose of determining the whereabouts
20 of one or more unknown relatives. The court may rule on the
21 petition and may appoint a confidential intermediary. No
22 show of cause shall be required by the petitioner for the
23 appointment of a confidential intermediary.
24 Confidential intermediaries shall be authorized to
25 inspect confidential relinquishment, adoption, and other
26 records and shall be included on a list of confidential
27 intermediaries maintained by the Department of Children and
28 Family Services and made available to the judiciary.
29 This Section shall not be construed as the regulation of
30 an occupation or profession. In conducting a search for an
31 adopted or surrendered person under this Section, the
32 confidential intermediary shall first attempt to locate the
33 petitioner's birth parents. If either of the petitioner's
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1 birth parents is deceased, has been found incompetent by a
2 court, or cannot be located after a diligent search then
3 adult siblings and other adult relatives may be contacted.
4 In cases where an adopted or surrendered person or birth
5 parent is deceased or has been found incompetent by a court,
6 the children of the adopted or surrendered person or birth
7 parent may petition the court under the provisions of this
8 Section obtaining from one or both biological parents or a
9 sibling or siblings of the adoptee information concerning the
10 background of a psychological or genetically-based medical
11 problem experienced or which may be expected to be
12 experienced in the future by the adoptee or obtaining
13 assistance in treating such a problem.
14 (b) Petition. The court shall appoint a confidential
15 intermediary for the purposes described in subsection (f) if
16 the petitioner sets forth proper jurisdiction and venue in
17 the petition. shows the following:
18 (1) the adoptee is suffering or may be expected to
19 suffer in the future from a life-threatening or substantially
20 incapacitating physical illness of any nature, or a
21 psychological disturbance which is substantially
22 incapacitating but not life-threatening, or a mental illness
23 which, in the opinion of a physician licensed to practice
24 medicine in all its branches, is or could be genetically
25 based to a significant degree;
26 (2) the treatment of the adoptee, in the opinion of
27 a physician licensed to practice medicine in all of its
28 branches, would be materially assisted by information
29 obtainable from the biological parents or might benefit
30 from the provision of organs or other bodily tissues,
31 materials, or fluids by the biological parents or other
32 close biological relatives; and
33 (3) there is neither an Information Exchange
34 Authorization nor a Denial of Information Exchange filed
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1 in the Registry as provided in Section 18.1.
2 The affidavit or testimony of the treating physician
3 shall be conclusive on the issue of the utility of contact
4 with the biological parents unless the court finds that the
5 relationship between the illness to be treated and the
6 alleged need for contact is totally without foundation.
7 (c) Fees and expenses. The court shall condition the
8 appointment of the confidential intermediary on the
9 petitioner's payment of the service intermediary's fees and
10 expenses in advance of the commencement of the work of the
11 confidential intermediary, unless for good cause the court
12 approves a waiver or reduction of the fee.
13 When a birth relative wishes to disclose information
14 about a serious medical condition to an adopted or
15 surrendered person or to the adoptive parents of an adopted
16 person who is a minor, the court has the discretion to waive
17 any fees and expenses solely related to releasing that
18 medical information the intermediary waives the right to full
19 advance payment or to any reimbursement at all.
20 (d) Eligibility of intermediary. The court may appoint
21 as confidential intermediary either an employee of the
22 Illinois Department of Children and Family Services
23 designated by the Department to serve as such, any other
24 person certified by the Department as qualified to serve as a
25 confidential intermediary, or any employee of a licensed
26 child welfare agency certified by the agency as qualified to
27 serve as a confidential intermediary.
28 (e) Access. Notwithstanding any other provision of law,
29 the confidential intermediary shall have access to all
30 records of the court or any adoption agency or State agency,
31 including those of the Office of Vital Records and the
32 Secretary of State, as well as those of any public or private
33 school or hospital, which relate to the adoption or the
34 identity and location of any adopted or surrendered person,
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1 birth parent, or birth sibling, or their birth relatives
2 biological parent.
3 Any identifying information obtained by the confidential
4 intermediary during the course of his or her investigation
5 shall be kept strictly confidential and shall be used for the
6 purpose of arranging a contact between the individual who
7 initiated the search and the sought-after birth relative. At
8 the time the case is closed, all such identifying information
9 shall be returned to the court for inclusion in the impounded
10 adoption file.
11 Any non-identifying information ascertained during the
12 course of the search may be given in writing to the
13 petitioner by the confidential intermediary before the case
14 is closed.
15 (f) Purposes of contact. The confidential intermediary
16 shall contact a sought-after birth relative on behalf of the
17 individual who initiated the search and inform the
18 sought-after birth relative of the following options:
19 (1) The sought-after birth relative may totally
20 reject the request for contact or information or both,
21 and no disclosure of identity or location shall be made
22 to the petitioner. In cases where the sought-after birth
23 relative totally rejects the request for contact or
24 information or both, however, the confidential
25 intermediary shall request that the sought-after birth
26 relative complete a medical questionnaire to be forwarded
27 to the petitioner along with any other non-identifying
28 information ascertained during the course of the search.
29 (2) If the sought-after birth relative wishes to
30 communicate with the petitioner but does not wish his or
31 her identity disclosed, the confidential intermediary
32 shall arrange the desired communication in as
33 confidential a manner as possible to protect the privacy
34 of the sought-after birth relative's identity.
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1 (3) When a sought-after birth relative is located
2 by a confidential intermediary on behalf of the
3 individual who initiated the search and when both parties
4 desire to disclose their identities, the confidential
5 intermediary shall obtain written consents from both
6 parties that they wish to disclose their identities to
7 each other. The confidential intermediary shall then
8 disclose identities as specified in the consents. has
9 only the following powers and duties:
10 (1) To contact one or both biological parents,
11 inform the parent or parents of the basic medical problem
12 of the adoptee and the nature of the information or
13 assistance sought from the biological parent, and inform
14 the parent or parents of the following options:
15 (A) The biological parent may totally reject
16 the request for assistance or information, or both,
17 and no disclosure of identity or location shall be
18 made to the petitioner.
19 (B) The biological parent may file an
20 Information Exchange Authorization as provided in
21 Section 18.1. The confidential intermediary shall
22 explain to the biological parent the consequences of
23 such a filing, including that the biological
24 parent's identity will be available for discovery by
25 the adoptee. If the biological parent agrees to this
26 option, the confidential intermediary shall supply
27 the parent with the appropriate forms, shall be
28 responsible for their immediate filing with the
29 Registry, and shall inform the petitioner of their
30 filing.
31 (C) If the biological parent wishes to provide
32 the information or assistance sought but does not
33 wish his or her identity disclosed, the confidential
34 intermediary shall arrange for the disclosure of the
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1 information or the provision of assistance in as
2 confidential a manner as possible so as to protect
3 the privacy of the biological parent and minimize
4 the likelihood of disclosure of the biological
5 parent's identity.
6 (2) If a biological parent so desires, to arrange
7 for a confidential communication with the treating
8 physician to discuss the need for the requested
9 information or assistance.
10 (3) If a biological parent agrees to provide the
11 information or assistance sought but wishes to maintain
12 his or her privacy, to arrange for the provision of the
13 information or assistance to the physician in as
14 confidential a manner as possible so as to protect the
15 privacy of the biological parent and minimize the
16 likelihood of disclosure of the biological parent's
17 identity.
18 (g) Oath. The confidential intermediary shall sign an
19 oath of confidentiality substantially as follows:
20 "I, .........., being duly sworn, on oath depose and
21 say: As a condition of appointment as a confidential
22 intermediary, I affirm that:
23 (1) I will not disclose to the petitioner, directly
24 or indirectly, any information about the identity or
25 location of the relative who biological parent whose
26 assistance is being sought for medical reasons except in
27 a manner consistent with the law.
28 (2) I recognize that violation of this oath
29 subjects me to civil liability and to being found in
30 contempt of court.
31 ................................
32 SUBSCRIBED AND SWORN to before me, a Notary Public,
33 this ..... day of .........., 19...
34 ................................"
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1 (g-5) Exemption from liability. Except in cases of
2 willful and wanton conduct, no liability shall accrue to the
3 State, any State agency, any judge, any officer or employee
4 of the court, any confidential intermediary, or any agency
5 designated to oversee confidential intermediary services for
6 acts, omissions, or efforts made in good faith within the
7 scope of this Act and under its provisions.
8 (h) Sanctions. (1) Any confidential intermediary who
9 improperly discloses information identifying a
10 sought-after birth relative biological parent shall be
11 liable to the sought-after birth relative biological
12 parent for damages and may also be found in contempt of
13 court.
14 (2) Any physician or other person who learns a
15 biological parent's identity, directly or indirectly,
16 through the use of procedures provided in this Section
17 and who improperly discloses information identifying the
18 biological parent shall be liable to the biological
19 parent for actual damages plus minimum punitive damages
20 of $10,000.
21 (i) Death of biological parent. Notwithstanding any
22 other provision of this Act, if the confidential intermediary
23 discovers that the person being whose assistance is sought
24 has died, he or she shall report this fact to the petitioner
25 and to the court, along with a copy of the death certificate
26 if possible.
27 (Source: P.A. 86-1451; 86-1451.)
28 (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4)
29 Sec. 18.4. (a) The agency, Department of Children and
30 Family Services, Court Supportive Services, Juvenile Division
31 of the Circuit Court, or the Probation Officers of the
32 Circuit Court involved in the adoption proceedings shall give
33 in writing the following information, if known, to the
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1 adoptive parents not later than the date of placement with
2 the petitioning adoptive parents: (i) age of biological
3 parents; (ii) their race, religion and ethnic background;
4 (iii) general physical appearance of biological parents; (iv)
5 their education, occupation, hobbies, interests and talents;
6 (v) existence of any other children born to the biological
7 parents; (vi) information about biological grandparents;
8 reason for emigrating into the United States, if applicable,
9 and country of origin; (vii) relationship between biological
10 parents; and (viii) detailed medical and mental health
11 histories of the child, the biological parents, and their
12 immediate relatives. However, no information provided under
13 this subsection shall disclose the name or last known address
14 of the biological parents, grandparents, the siblings of the
15 biological parents, or any other relative of the adopted
16 person.
17 (b) Upon request, any adopted person adoptee 18 years of
18 age or over shall be given the information in subsection (a)
19 as well as the name of the state and county where the
20 judgment of adoption was finalized upon request. If the
21 adopted person's actual date and place of birth is different
22 from that shown on his or her amended birth certificate, the
23 information provided to the adopted person under this
24 subsection shall also include his or her actual date and
25 place of birth. Upon request, the agency or agencies which
26 facilitated the adoption shall provide an adopted person 18
27 years of age or over with any updated medical or social
28 information which has been provided by his or her birth
29 relatives through verbal or written communication, as well as
30 all photographs and letters submitted by the adopted person's
31 birth relatives and specifically intended for the adopted
32 person.
33 (c) Any of the above available information for any
34 adoption proceedings completed before the effective date of
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1 this Act shall be supplied to the adoptive parents or an
2 adopted person adoptee 18 years of age or over upon request.
3 (d) The agency, Department of Children and Family
4 Services, Court Supportive Services, Juvenile Division of the
5 Circuit Court, the Probation Officers of the Circuit Court
6 and any other governmental bodies having any of the above
7 information shall retain the file until the adopted person
8 adoptee would have reached the age of 99 years.
9 (e) Upon request, the agency, Department of Children and
10 Family Services, Court Supportive Services, Juvenile Division
11 of the Circuit Court, or the probation officers of the
12 Circuit Court involved in the adoption proceedings shall
13 provide birth parents whose surrendered child is 18 years of
14 age or older with any updated medical information provided by
15 the adopted or surrendered person or his or her adoptive
16 parents or legal guardians through verbal or written
17 communication, as well as all photographs and letters
18 submitted by the adopted or surrendered person or his or her
19 adoptive parents or legal guardians and specifically intended
20 for the birth parent.
21 Upon request, the following non-identifying information
22 shall be provided to birth parents whose surrendered child is
23 18 years of age or older and birth siblings of an adopted
24 person who is 18 years of age or older, to the extent that
25 such information is available: (i) age of the surrendered
26 person's adoptive parents at the time of the adoption; (ii)
27 adoptive parents' heritage, including nationality and ethnic
28 background; (iii) number of years of schooling completed by
29 the adoptive parents at the time of the adoption or
30 surrender; (iv) religion of adoptive parents; (v)
31 occupations, talents, hobbies, and special interests of the
32 adoptive parents; and (vi) state and county where the
33 judgment of adoption was finalized.
34 The agency, Department of Children and Family Services,
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1 Department of Public Health, Registrar of Vital Records,
2 Court Supportive Services, Juvenile Division of the Circuit
3 Court, the probation officers of the Circuit Court involved
4 in the adoption proceedings, and all individuals who
5 facilitated the adoption shall, upon written request and
6 without requiring any showing of cause, provide a birth
7 parent with copies of all documents in their possession which
8 the birth parent executed in connection with the surrender of
9 his or her child. All identifying information pertaining to
10 the adoptive parents shall be deleted from any information or
11 documents released to a birth parent or birth sibling.
12 (f) Nothing in this Section shall bar any agency,
13 Department of Children and Family Services, Court Support
14 Services, Juvenile Division of the Circuit Court,
15 confidential intermediary, or probation officers of the
16 Circuit Court from charging a reasonable fee for their
17 services, nor is any such entity or person required to
18 provide free services.
19 (g) In the discretion of any court receiving written
20 requests for assistance in obtaining information concerning
21 an adoption, the confidential intermediary program may be
22 requested to assist the court in responding to the requests.
23 The methods of reimbursement to the confidential intermediary
24 program for the services shall be determined by the court
25 desiring the services.
26 (Source: P.A. 87-617.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.