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Public Act 100-0360
Public Act 0360 100TH GENERAL ASSEMBLY
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Public Act 100-0360
| | HB1785 Enrolled | LRB100 08383 MJP 18492 b |
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| 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.
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| (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.)
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Effective Date: 1/1/2018
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