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Public Act 100-0360


 

Public Act 0360 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0360
 
HB1785 EnrolledLRB100 08383 MJP 18492 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Vital Records Act is amended by changing
Sections 1 and 17 as follows:
 
    (410 ILCS 535/1)  (from Ch. 111 1/2, par. 73-1)
    Sec. 1. As used in this Act, unless the context otherwise
requires:
    (1) "Vital records" means records of births, deaths, fetal
deaths, marriages, dissolution of marriages, and data related
thereto.
    (2) "System of vital records" includes the registration,
collection, preservation, amendment, and certification of
vital records, and activities related thereto.
    (3) "Filing" means the presentation of a certificate,
report, or other record provided for in this Act, of a birth,
death, fetal death, adoption, marriage, or dissolution of
marriage, for registration by the Office of Vital Records.
    (4) "Registration" means the acceptance by the Office of
Vital Records and the incorporation in its official records of
certificates, reports, or other records provided for in this
Act, of births, deaths, fetal deaths, adoptions, marriages, or
dissolution of marriages.
    (5) "Live birth" means the complete expulsion or extraction
from its mother of a product of human conception, irrespective
of the duration of pregnancy, which after such separation
breathes or shows any other evidence of life such as beating of
the heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles, whether or not the umbilical
cord has been cut or the placenta is attached.
    (6) "Fetal death" means death prior to the complete
expulsion or extraction from its mother of a product of human
conception, irrespective of the duration of pregnancy; the
death is indicated by the fact that after such separation the
fetus does not breathe or show any other evidence of life such
as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles.
    (7) "Dead body" means a lifeless human body or parts of
such body or bones thereof from the state of which it may
reasonably be concluded that death has occurred.
    (8) "Final disposition" means the burial, cremation, or
other disposition of a dead human body or fetus or parts
thereof.
    (9) "Physician" means a person licensed to practice
medicine in Illinois or any other State.
    (10) "Institution" means any establishment, public or
private, which provides in-patient medical, surgical, or
diagnostic care or treatment, or nursing, custodial, or
domiciliary care to 2 or more unrelated individuals, or to
which persons are committed by law.
    (11) "Department" means the Department of Public Health of
the State of Illinois.
    (12) "Director" means the Director of the Illinois
Department of Public Health.
    (13) "Licensed health care professional" means a person
licensed to practice as a physician, advanced practice nurse,
or physician assistant in Illinois or any other state.
    (14) "Licensed mental health professional" means a person
who is licensed or registered to provide mental health services
by the Department of Financial and Professional Regulation or a
board of registration duly authorized to register or grant
licenses to persons engaged in the practice of providing mental
health services in Illinois or any other state.
    (15) "Intersex condition" means a condition in which a
person is born with a reproductive or sexual anatomy or
chromosome pattern that does not fit typical definitions of
male or female.
(Source: P.A. 81-230.)
 
    (410 ILCS 535/17)  (from Ch. 111 1/2, par. 73-17)
    Sec. 17. (1) For a person born in this State, the State
Registrar of Vital Records shall establish a new certificate of
birth when he receives any of the following:
        (a) A certificate of adoption as provided in Section 16
    or a certified copy of the order of adoption together with
    the information necessary to identify the original
    certificate of birth and to establish the new certificate
    of birth; except that a new certificate of birth shall not
    be established if so requested by the court ordering the
    adoption, the adoptive parents, or the adopted person.
        (b) A certificate of adoption or a certified copy of
    the order of adoption entered in a court of competent
    jurisdiction of any other state or country declaring
    adopted a child born in the State of Illinois, together
    with the information necessary to identify the original
    certificate of birth and to establish the new certificate
    of birth; except that a new certificate of birth shall not
    be established if so requested by the court ordering the
    adoption, the adoptive parents, or the adopted person.
        (c) A request that a new certificate be established and
    such evidence as required by regulation proving that such
    person has been legitimatized, or that the circuit court,
    the Department of Healthcare and Family Services (formerly
    Illinois Department of Public Aid), or a court or
    administrative agency of any other state has established
    the paternity of such a person by judicial or
    administrative processes or by voluntary acknowledgment,
    which is accompanied by the social security numbers of all
    persons determined and presumed to be the parents.
        (d) A declaration An affidavit by a licensed health
    care professional or licensed mental health professional
    who has treated or evaluated a person stating physician
    that the he has performed an operation on a person has
    undergone treatment that is clinically appropriate for
    that individual for the purpose of gender transition, based
    on contemporary medical standards, or that the individual
    has an intersex condition, and that by reason of the
    operation the sex designation on such person's birth record
    should therefore be changed. The information in the
    declaration shall be proved by the licensed health care
    professional or licensed mental health professional
    signing and dating it in substantially the following form:
    "I declare (or certify, verify, or state) under penalty of
    perjury that the foregoing is true and correct. Executed on
    (date).". The new certificate of birth shall reflect any
    legal name change, so long as the appropriate documentation
    of the name change is submitted. The State Registrar of
    Vital Records may make any investigation or require any
    further information he deems necessary.
    Each request for a new certificate of birth shall be
accompanied by a fee of $15 and entitles the applicant to one
certification or certified copy of the new certificate. If the
request is for additional copies, it shall be accompanied by a
fee of $2 for each additional certification or certified copy.
    (2) When a new certificate of birth is established, the
actual place and date of birth shall be shown; provided, in the
case of adoption of a person born in this State by parents who
were residents of this State at the time of the birth of the
adopted person, the place of birth may be shown as the place of
residence of the adoptive parents at the time of such person's
birth, if specifically requested by them, and any new
certificate of birth established prior to the effective date of
this amendatory Act may be corrected accordingly if so
requested by the adoptive parents or the adopted person when of
legal age. The social security numbers of the parents shall not
be recorded on the certificate of birth. The social security
numbers may only be used for purposes allowed under federal
law. The new certificate shall be substituted for the original
certificate of birth:
        (a) Thereafter, the original certificate and the
    evidence of adoption, paternity, legitimation, or sex
    change of sex designation shall not be subject to
    inspection or certification except upon order of the
    circuit court, request of the person, or as provided by
    regulation. If the new certificate was issued subsequent to
    an adoption, the original certificate shall not be subject
    to inspection until the adopted person has reached the age
    of 21; thereafter, the original certificate shall be made
    available as provided by Section 18.1b of the Adoption Act.
        (b) Upon receipt of notice of annulment of adoption,
    the original certificate of birth shall be restored to its
    place in the files, and the new certificate and evidence
    shall not be subject to inspection or certification except
    upon order of the circuit court.
    (3) If no certificate of birth is on file for the person
for whom a new certificate is to be established under this
Section, a delayed record of birth shall be filed with the
State Registrar of Vital Records as provided in Section 14 or
Section 15 of this Act before a new certificate of birth is
established, except that when the date and place of birth and
parentage have been established in the adoption proceedings, a
delayed record shall not be required.
    (4) When a new certificate of birth is established by the
State Registrar of Vital Records, all copies of the original
certificate of birth in the custody of any custodian of
permanent local records in this State shall be transmitted to
the State Registrar of Vital Records as directed, and shall be
sealed from inspection except as provided by Section 18.1b of
the Adoption Act.
    (5) Nothing in this Section shall be construed to prohibit
the amendment of a birth certificate in accordance with
subsection (6) of Section 22.
(Source: P.A. 97-110, eff. 7-14-11.)

Effective Date: 1/1/2018